Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 04/14/2009IIIIIMII `ti0%.001 11:45 A.M. — Proclamation Proclamation Proclamation Proclamation Week" declaring April 17, 2009 as "Corpus Christi Children's Book Festival Day" declaring April 18, 2009 as "Earth Day -Bay Day" and the month of April as "Earth Month" declaring April 21, 2009 as "Volunteer Recognition Day' declaring the week of April 12 -18, 2009 as "National Public Safety Telecommunicators AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 14, 2009 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, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. B. C. D. Mayor Henry Garrett to call the meeting to order. Invocation to be given by Reverend Henry Williams, Corpus Christi Christian Fellowship Church. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummell City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of March 24, 2009 and March 31, 2009. (Attachment # 1) Agenda Regular Council Meeting April 14, 2009 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: (NONE) I. CONSENT AGENDA Notice to the Public The following items are ofa 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. Motion approving a service agreement for dumpster route service in accordance with Bid Invitation No. BI- 0103 -09 with Allied Waste, of Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $116,375.76 of which $38,791.92 is required for the remainder of FY 2008 -2009. The term of the contract will be twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. This service will be utilized at thirty -nine different City facilities. Funds have been budgeted in FY 2008 -2009 by the using departments. (Requires 2/3 Vote) (Attachment # 2) Agenda Regular Council Meeting April 14, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of four (4) trailer mounted air compressors in accordance with Bid Invitation No. BI- 0125 -09 from Air Specialty & Equipment Co., of Corpus Christi, Texas based on low bid meeting specifications for a total amount of $70,674.58. These units are replacements and will be used by the Water Department. Funding is available in the FY 2008- 2009 Capital Outlay Budget of the Maintenance Services Fund. (Requires 2/3 Vote) (Attachment # 3) 4. Motion approving a supply agreement for portable chemical toilet service in accordance with Bid Invitation No. BI- 0054 -09 with Skid -O -Kan Co., of Corpus Christi, Texas based on only bid for an estimated annual expenditure of $71,940 of which $17,985 is required for the remainder of FY 2008 -2009. The term of the supply agreement will be for twelve months with an option 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 2008 -2009. (Requires 2/3 Vote) (Attachment # 4) 5. Motion approving the purchase of traffic signals and equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0086 -09 based on low bid, most advantageous bid and low bid meeting specifications for a total amount of $285,873. Funds have been budgeted by Traffic Signals in FY 2008 -2009. (Requires 2/3 Vote) (Attachment # 5) Texas Highway Products, LTD Round Rock, Texas Item No.: 1, 3, 12 and 13 $65,025 Control Technologies, Inc. Tomball, Texas Item No.: 4, 6 -9, 14, 15, 18 and 19 $89,748 Paradigm Traffic Systems, Inc. Arlington, Texas Item No.: 17 $65,700 Consolidated Traffic Control, Inc. Arlington, Texas Item No.: 2, 5, 10, 11 and 16 $65,400 TOTAL AWARD: $285,873 Agenda Regular Council Meeting April 14, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.a. Motion authorizing the City Manager or his designee to authorize the purchase of licenses and consulting services from Innovative Management Solutions of Plano, Texas to implement Primavera P6.2 Project Management program for engineering and construction projects at a cost of $38,149.20 for the software licenses, $12,000 for assessment of department current project management organization, $66,450 for the Primavera implementation fees and $8,467.60 for the first year annual license maintenance. Software licenses and consulting services are being purchased from GSA (US General Service Administration) authorized supplier at GSA software prices. (Requires 2/3 Vote) (Attachment # 6) 6.b. Motion approving the purchase of continued annual maintenance from Innovative Management Solutions of Plano, Texas for the Primavera Project Management software solution subject to annual appropriation of funds. (Requires 2/3 Vote) (Attachment # 6) 7. Motion approving the purchase of consulting services from Citagus Software of Duluth, Georgia to implement the PeopleSoft Project Costing Module for a not to exceed amount of $106,080. (Requires 2/3 Vote) (Attachment # 7) 8.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Requires 2/3 Vote) (Attachment # 8) 8.b. Ordinance appropriating $20,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. (Requires 2/3 Vote) (Attachment # 8) Agenda Regular Council Meeting April 14, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $13,040 for hazardous materials emergency preparedness planning activities, in the No. 1062 Fire Grants Fund. (Requires 2/3 Vote) (Attachment # 9) 9.b. Ordinance appropriating $13,040 from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise and activities, with a cash or soft match of $3,260. (Requires 2/3 Vote) (Attachment # 9) 10.a. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2009 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Boulevard and North Chaparral Street up to and including Barge Dock area; during April 20 through May 6, 2009, provide for Commission paying 50% police overtime and 100% all other City costs and fees. (Requires 2/3 Vote) (Attachment # 10) 10.b. Motion approving a $5.00 admission fee and /or $3.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and taller than 36 inches, and persons with disabilities for Buccaneer Days Festival from April 23, 2009 through May 3, 2009. (Attachment # 10) 11. Ordinance authorizing the City Manager or designee to execute an agreement with Landry's Seafood and Steakhouse — Corpus Christi, Inc. to allow Landry's operation of golf cart shuttle service at People's Street T -head, during the following dates and times: during 12:01 a.m. Saturday April 18, 2009 through 11:59 p.m. Wednesday April 22, 2009; during 7:00 p.m. to 2:00 a.m. each night of the Boat Show starting April 23, 2009 ending April 26, 2009; and also during 12:01 a.m. through 5:59 p.m. on Monday April 27, 2009; and subject to compliance with the Agenda Regular Council Meeting April 14, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) following conditions: (1) insurance and indemnity provisions established by City Manager; and (2) visitors to Landry's must be transported directly to and from the restaurant to the gate entrance. (Requires 2/3 Vote) (Attachment # 11) 12. Resolution to support the City of Corpus Christi, Texas bid for the 2012 Texas Recreation and Park Society Institute and Trade Show in cooperation with the Texas Park and Wildlife Department and the Southwest Region of the National Recreation & Park Association to be held in Corpus Christi February 20 through February 25, 2012; and dedicating City resources and the use of the American Bank Center for a total cost of $25,000; and providing an effective date. (Requires 2/3 Vote) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a construction contract with Huff & Mitchell, Inc. of Cypress, Texas in the amount of $2,454,026 for Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 for Base Bid No. 3. (Requires 2/3 Vote) (Attachment # 13) 14. 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 $25,420 for a total re- stated fee of $66,301 for the Existing Broadway Plant Requirements for design, bid, and construction phase services. (Requires 2/3 Vote) (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a professional services contract with Alan Plummer Associates, Inc., of Austin, Texas not to exceed $72,000 for consulting services necessary to coordinate review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion Demonstration Project (EDDP) including natural and man - induced physical conditions, relating to the limited natural freshwater and tidal inflows including man- made programs to enhance inflows to the Delta to increase productivity. (Requires 2/3 Vote) (Attachment # 15) Agenda Regular Council Meeting April 14, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with J. Palmer Green in the amount of $150,000 plus $1,950 in closing costs, for the purchase of fee simple property rights to land and improvements known as Parcel 3, described as Lots 1A through 1 F, the East 42.19 feet of Lots 13 and 14, and the West 50 feet of Lots 15 and 16, Block 1, Sunnyside Addition, with the street address of 1821 N. Port Avenue, necessary for the North Port Avenue, I H- 37 to US 181 Street Improvement Project and for other related public purposes. (Bond 2004) (Requires 2/3 Vote) (Attachment # 16) 17.a. First Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (Attachment # 17) 17.b. First Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (Attachment # 17) 17.c. First Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (Attachment # 17) J. PUBLIC HEARINGS: ZONING CASES: 18. Case No. 0309 -01, Ross & Judith Sisson: A change of zoning from a "B -2" Bayfront Business District to an "1 -2" Light Industrial District resulting in a change of land use from Bayfront Business to Light Industrial on property described as 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located at 2502 and 2512 Laguna Shores Road. (Requires 2/3 Vote) (Attachment # 18) Agenda Regular Council Meeting April 14, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission & Staff's Recommendation: Denial of the requested "1 -2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan for a pet groom /boarding business, small dog and cat rescue shelter and dog service, and therapy /training facility subject to ten (10) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Ross W. and Judith A. Sisson, by changing the Zoning Map in reference to 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, from "B -2" Bayfront Business District to "B -2 /SP" Bayfront Business District with a Special Permit to allow for a pet groom /boarding business, small dog and cat rescue shelter and dog service, and therapy /training facility, subject to a Site Plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: 19.a. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2009 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (To be considered at approximately 1:00 p.m.) (Attachment # 19) 19.b. Council discussion and possible recommendations on a list of projects /activities to be funded. (Requires 2/3 Vote) (Attachment # 19) Agenda Regular Council Meeting April 14, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20.a. Ordinance appropriating $299,900 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $299,900. (Requires 2/3 Vote) (Attachment # 20) 20.b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract between the City and Texas A &M University — Corpus Christi (Division of Nearshore Research) in the amount of $299,900 for a restated not to exceed amount of $614,122 for Packery Channel Quarterly Monitoring for 2009 -2010. (Requires 2/3 Vote) (Attachment # 20) 21. Motion to adopt the recommended order of priorities for implementation of Bond 2008 Projects. (Requires 2/3 Vote) (Attachment # 21) 22.a. Ordinance canvassing returns and declaring the results of the General Election held on April 4, 2009, in the City of Corpus Christi, for the purpose of electing the Mayor, and eight Council Members. (Attachment # 22) 22.b. Ordinance ordering a Runoff Election to be held on May 9, 2009 in the City of Corpus Christi for the election of Council Member District Three; designating polling place locations; enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 22) 23. Resolution supporting Legislation to create a Padre Island Gateway Municipal Management District. (Attachment # 23) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Status of Storm Water Drainage Utility Rate Development (Attachment # 24) 41E Agenda Regular Council Meeting April 14, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. 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 FORMAT 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL 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. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss 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. Agenda Regular Council Meeting April 14, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Executive session under Texas Government Code Section 551.071, regarding contemplated litigation by Texas Department of Transportation (TXDOT) for damages to State Property, occurring on or about January 20, 2008, with possible discussion and action in open session. 26. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. 0. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81s1 Texas Legislature. 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 ,2 :3 o p.m., on April 8, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. APRIL 14, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 23.1. Ordinance amending Ordinance No. 028007, which enacted new provisions related to smoking, to revise the Effective Date to June 15, 2009. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at Ci': z0 .p-rrf, April 10, 2009. 2.'-K• Armando Chapa City Secretary City Council Goals 2007 -2009 iet 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 24, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper* Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon John Marez ** Nelda Martinez *Arrived at 10:08 a.m. * *Arrived at 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Scott Downey with Bay Area Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 meeting of March 10, 2009. A motion was made and passed to approve the minutes as presented. * * * * * *** * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 — 10.3). City Secretary Chapa announced that Items 10.1., 10.2, and 10.3. were added to consent on a Supplemental Agenda. There were no comments from the public. Council members requested that Items 4, 5, 6, and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2009 -064 Motion approving the lease purchase of sixteen (16) heavy trucks with the following companies for the following amounts in accordance with Bid Invitation No. BI- 0108 -09, based on low bid and low bid meeting specifications for a total amount of $1,300,112, of which $23,943.54 is budgeted in FY 2008 -2009. The vehicles will be used by the Solid Waste, Street and Water Departments. All units are replacements to the fleet. Financing for the heavy trucks will be provided through the City's lease /purchase financing program. Grande Truck Center San Antonio, Texas Line Items: 1, 2, 3, 4, 5,6 &7 $1,015,499 San Tex Truck Center San Antonio, Texas Line Item: 8 $284,615 Grand Total: $1,300,112 —1— Minutes — Regular Council Meeting March 24, 2009 — Page 2 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. 3. ORDINANCE NO. 028095 Ordinance appropriating $31,605.15 from the State of Texas in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for the training of police personnel and purchase of training equipment. 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. 7. MOTION NO. 2009 -068 Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 8th Annual "Buc Days BBQ Challenge" and the annual "Buccaneer Days Carnival and Rodeo Festival" to begin on Thursday, April 23, 2009 through Sunday, May 3, 2009. A. The temporary half street closure of Water Street between the intersection of Water Street and Palo Alto Street and approximately 230 feet north of Palo Alto Street and the temporary street closure of Water Street beginning 60 feet south of Fitzgerald Street to the intersection of Water Street and Resaca Street; beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. A. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald Street and Southbound Shoreline Boulevard and the intersection of Chaparral Street, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. The temporary street closure of Resaca Street between the intersection of Resaca Street and Southbound Shoreline Boulevard and the intersection of Resaca Street and Chaparral Street, beginning at8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. The temporary street closures of northbound and southbound Shoreline Boulevard and the Barge Dock, between the intersection of Resaca Street and the Art Museum of South Texas, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May6, 2009. D. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street and Water Street and the intersection of Palo Alto Street and Southbound Shoreline, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. E. In cooperation with the Texas Department of Transportation, North Broadway Street, including under US 181 Harbor Bridge, between the intersection of North Broadway Street and Fitzgerald Street and the intersection of North Broadway Street and Brewster Street will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009. -2- Minutes — Regular Council Meeting March 24, 2009 — Page 3 Temporary street closure of the north portion of Fitzgerald Street between the intersection of Fitzgerald Street and North Broadway Street and the intersection of Fitzgerald Street and Mesquite Street, for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009. 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. 9. ORDINANCE NO. 028097 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17, regarding lowering utility payment electronic payment processing fees; providing for an effective date of April 1, 2009; and providing for publication. 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. 10. ORDINANCE NO. 028098 Revising Section 33- 75(c), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl hunting within 1,000 feet of Laguna Shores Shoreline; providing for penalties; and providing for publication. (First Reading 03/10/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 10.1. MOTION NO. 2009 -069 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $653,945, for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid and construction phase services. (BOND ISSUE 2008) 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. 10.2. MOTION NO. 2009 -070 Motion authorizing the City Manager or his designee to execute an environmental consulting services contract with the Coastal Bend Bays & Estuaries Program, Inc., of Corpus Christi, Texas in an amount of $324,720 for the Nueces River Basin Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta Hydrodynamic Transport Analysis and Modeling) including: -3- Minutes — Regular Council Meeting March 24, 2009 — Page 4 • Vegetation distribution • Pore -water salinity and nutrient inputs • Seasonal and geographical photosynthesis variation • Data collation, collection and analysis • Computational model development of water levels, salt and temperature variation 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. 10.3. RESOLUTION NO. 028099 Resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Nueces County, San Patricio County, and the City of Ingleside for the creation of an independent Defense Base Development Authority as the successor for the Ingleside Local Redevelopment Authority. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 4 regarding the Neighborhood Street Reconstruction project. Council Member McCutchon asked whether the change order was required for the cost of additional materials. Director of Engineering Pete Anaya explained that the change order was generated by the replacement of additional driveways that were not part of the original plan. Council Member Elizondo asked questions regarding the specification upgrade for the construction of new roads. City Manager Escobar stated that the new construction of subdivision roads is being incorporated in the Unified Development Code and a program is being created to upgrade the minimum design for residential streets. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2009 -065 Motion authorizing the City Manager or his designee to execute Change Order No. 16 to the construction contract with Haas - Anderson Construction, Ltd. Of Corpus Christi, Texas, in the amount of $121,157.05 for a revised contract amount of $9,176,918.22 for Neighborhood Streets Clusters 1, 2, 3, 5 and 7 for additional material quantities required to close out the project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 5 regarding Yorktown Boulevard — Staples to Cimarron Improvements. Director of Engineering Services Pete Anaya and representatives from Freese and Nichols Ron Guzman and Mike Nichols were available to respond to questions. The following topics pertaining to this item were discussed: projects from the 2008 bond that have not had any action taken; whether projects that already have contracts are ahead of projects that have not gone out for bid; who decided that Williams would be one of the last projects constructed; prioritization and scheduling of roads; when staff expects to take action on the remaining contracts; the policy on the use of local contractors; the local Freese and Nichols office; coordination with the Regional Transportation Authority (RTA) to establish bus routes to the Yorktown and Staples area and the Crestmont area (Holly and Kostoryz); the status of the Corps of Engineers permit for Laguna —4— Minutes — Regular Council Meeting March 24, 2009 — Page 5 Shores; the distribution of engineering contracts; the street construction for Cluster 5 — Crestmont area; whether the schedule for Yorktown Boulevard can be accelerated; and administratively approved contracts. Council Member Hummell requested that staff review the selection of contractors and the distribution of engineering contracts to ensure that it is consistent with the local participation policy and the consideration of local firms. City Secretary Chapa polled the Council for their votes as follows; 5. MOTION NO. 2009 -066 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid and construction phase services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 6 regarding the Texas International Boat Show. Council Member Hummell expressed concern regarding dog feces on the seawall and asked whether there was an ordinance restricting the walking of dogs on the seawall. Assistant City Manager Margie Rose stated that there was not an ordinance restricting dogs on the seawall. Assistant City Attorney Jay Reining explained that Code of Ordinances, Section 6 -37 requires that owners remove feces from public or private property. Council Member Hummell asked the City Manager to talk to Acting Police Chief Mike Walsh or the Marina patrol about the enforcement of this ordinance. In response to Council Member Cooper, City Manager Escobar stated that this is the third year of the five year contract with the boat show and that the City hopes to renew the contract. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2009 -067 Motion approving the application from MMD Communication to temporarily close the following street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as outlined below for the Texas International Boat Show event to be held Thursday, April 23, 2009 through Sunday, April 26, 2009. A. The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right -of -way of Taylor Street, in order to facilitate the set up and tear down of Texas International Boat Show beginning at 6:00 a.m. on Saturday, April 18, 2009 until 6:00 p.m. on Monday, April 27, 2009. B. This includes the entire Peoples Street T Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the Breakwater starting from the Peoples Street T -head following west to an equal point on the seawall in line with Taylor Street and a point South on the Peoples Street T -head South of Dock E to a point on the Seawall in line with Schatzel Street. The Peoples Street T -Head water access area closure is from April 18, 2009 at 6:00 a.m. through April 27, 2009 at 6:00 p.m. -5- Minutes — Regular Council Meeting March 24, 2009 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 8 regarding the Texas Municipal Retirement System (TMRS). Director of Human Resources Cynthia Garcia, Assistant Director of Human Resource Joan McKaughan, and President of the Corpus Christi Police Officers Association Mike Staff responded to questions. Council Member Leal asked the Council and the public to support the legislation on House Bill 360. The following topics pertaining to this item were discussed: review of the TMRS proposal; whether the TMRS proposal protects retirees and current municipal employees and better assures that cities are able to afford contributions to the TMRS plan; whether the bill allows the City to gain greater market return in access of 5% which provides some balance to the legislation; if the 5% is part of the budget; current rate of return for the retirement system; diversification of the investments; market projections; how municipalities are in a position to guarantee a rate of return and ensure no risk to investments; concern with using city funds to guarantee a retirement system; the current amount of the percentage of return; whether the state dictates the municipal retirement system; whether the support of the City dictates whether HB 360 goes into effect; how much the City would pay out annually and the amount of the 5 %; whether council members on the TMRS system should support the resolution; how long staff has been reviewing the TMRS system; staff's assumption of the existence of the 5% guarantee in the statute; whether the current balance is enough to extend to 2016; retirees receiving reduced benefits if the system fails; other cities looking to reduce the benefit structure for future retirees; who is working on the issue of investments; the recommendation from staff; employee and city contributions to TMRS; and the reason the legislative stakeholder group won't authorize the diversification without placing a risk on the city. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 028096 Resolution supporting Legislative efforts of the Texas Municipal Retirement System (TMRS) to make the TMRS system more financially stable. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Kelly, and Martinez, voting "Aye "; Hummell and McCutchon, voting "No "; Garrett and Leal abstained; Marez was absent. Council Member McCutchon asked City Attorney Mary Kay Fischer to clarify if this item passed. ** * * * * * * * * * ** Mayor Garrett referred to Item 15 regarding the BoldFuture for the Coastal Bend Vision Summit results. Robert J. Gonzalez, Co -Chair of BoldFuture, thanked the City for their tremendous participation in the project and for being a major sponsor. Dr. Mary Sherwood, Chief of Staff for Texas A & M University, and Claudia Jackson, Del Mar College, referred to powerpoint presentation including the prioritizing of key ideas by community leaders; the top ideas ; thriving education and entertainment themes; well - planned region themes; summit leadership; safe - healthy communities ideas; community identity and leadership ideas; sustainable environment; contributions from college and university students; youth essay contest entries; boldest ideas contest results; examples drawn from boldest ideas contest; and next steps. Minutes — Regular Council Meeting March 24, 2009 — Page 7 Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet Drive, spoke in opposition to the Las Brisas plant. Ron Hamilton, 3636 South Alameda, asked the Council to revisit the discussion on the Las Brisas plant. Rebecca Klingsmith, 4325 Ocean Drive, spoke regarding the effects of the Las Brisas plant on the environment, human health, economy and wildlife. Rudy Medina, 5413 Cain, spoke regarding code enforcement violations at 5402 Holly Road. Abel Alonzo, 1701 Thames, reminded the public that early voting had begun and the importance of voting. Colin Sykes, 309 Aberdeen, spoke regarding the Las Brisas plant and the other ways of generating electricity and jobs. * * * * * * * * * * *** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 18. Executive session under Texas Government Code Section 551.071 regarding Cause No. 08 -344, Curtis Townsend vs. City of Corpus Christi et al; with possible discussion and action in open session. 19. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 19. MOTION NO. 2009 -073 Motion directing staff to continue negotiations with Leisure Horizons and report back to the City Council next week, March 31s1 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18. MOTION NO. 2009 -072 Motion authorizing the City Manager to employ the law firms of Hermansen, McKibben, Woolsey & Villarreal, L.L.P., and Canales & Simonson, P.C., to provide legal representation in Cause No. 08 -344, Curtis Townsend vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200 subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. —7— Minutes — Regular Council Meeting March 24, 2009 — Page 8 Mayor Garrett opened discussion on Item 17 regarding the final report from the Charter Review Ad Hoc Committee. Chairman of the Charter Review Committee Bob White introduced the committee members present including Bill Kopecky, John Bell, Leah Olivarri, and Mary K. Fant. Mr. White provided a brief overview including the committee members; the number of meetings; attendance; the discussion and changes to the five (5) propositions; two (2) recommendations; and surveys and research from other cities. Mr. White listed the propositions as follows: 1) updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent; 2) increasing the salary of city council members to $12,500 per year and of the Mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans; 3) changing the term limits on the Mayor and Council members to cumulative lifetime maximum limit and disallowing a person to become eligible forelection to a new term limit after not serving one full term; 4) addition a position of City Auditor who shall be appointed by the City Council; and 5) clarifying the provisions concerning leases, franchise and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. Mr. White provided an overview of the recommendations regarding the election date and the property tax cap. Mr. Kopecky spoke regarding the council salary and the tax cap. Mr. Bell spoke regarding the discussions on the term limits and stated that he did not think the tap cap was a good idea. Ms. Fant thanked the Council for considering her as a member for the committee. The following topics pertaining to this item were discussed: the reasons the current council will not consider the recommendations; the next council adopting the ordinance calling the election; determination of the compensation amount; term limits; indexing the compensation to inflation; the recommendation for health insurance; the lawsuit regarding council compensation; and changes to the length of terms. Council Member McCutchon requested to go on record that he supported having the current council consider the recommendations. *** * * * **** * ** Mayor Garrett opened discussion on Item 14 regarding the appointment of the financial team for the Texas General Obligation Improvement Bonds, Series 2009. Interim Director of Financial Services Constance Sanchez introduced Yolanda Olivarez with Wells Fargo; Nancy Rocha and George Padaga with Cabera Capital Markets, Inc.; Art Morales with Ramirez & Co., Inc.; and Mark Seal with M.E. Allison and Company. Ms. Sanchez explained that if the items passes, staff will bring an ordinance for approval of the bond order, the purchasing contract, and delegation of authority for pricing the bonds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2009 -071 Motion authorizing the appointment of M. E. Allison as Financial Advisor; Wells Fargo Brokerage Services as Senior Manager; Cabrera Capital Markets, Inc., First Southwest Company, JP Morgan Securities, Inc., Ramirez & Co., Inc., SAMCO Capital Markets, Inc. as Co- Managers; and Fulbright & Jaworski as Bond Counsel for the City of Corpus Christi, Texas General Obligation Improvement Bonds, Series 2009. —8— Minutes — Regular Council Meeting March 24, 2009 — Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Marez were absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0109 -06, Charles K. Miller, Jr.: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy industrial District for an above ground fuel storage tank with a 15,000 gallon capacity on property described as 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16, located on the east side of Flato Road approximately 0.17 miles north at Bear Lane. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028100 Amending the Zoning Ordinance, upon application by Charles K. Miller, Jr., by changing the Zoning Map in reference to 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a Site Plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Elizondo and Marez were absent. Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0209 -01, City of Corpus Christi / Thomas Gaddis, property owner: A change of zoning from a "A -2" Apartment House District from an "HC -111" Historic Cultural- Landmark III District to an "A -2" Apartment House District to remove the historical designation on property described as Jones Subdivision, Block 3, Lot 10 and adjacent alley, located at 1613 Mestina Street east of the Crosstown Expressway and west of Mexico Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of rescinding the "HC -III" Historic Cultural Designation. Minutes — Regular Council Meeting March 24, 2009 — Page 10 No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028101 Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark Commission, on behalf of Thomas Gaddis, by changing the Zoning Map in reference to Jones Subdivision, Block 3, Lot 10 and adjacent alley, from "A -2 /HC -III" Apartment House District with a Historical - Cultural Landmark III District Designation to an "A -2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummel!, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Elizondo and Marez were absent. Mayor Garrett opened discussion on Item 13 regarding a zoning text amendment. City Secretary Chapa announced that Item 13 was withdrawn. 13. WITHDRAWN Public h aring and First R ading Ordinance to consider amending Sections 27B 5, 27B 11(A)(11), and -27 8 1-24-B), Gerpus Christi - Zoning Ordinance, relating to the professionals providing for penalties; and providing for publication. Mayor Garrett referred to Item 16 regarding an update on the Development Services Process Improvements. Interim Assistant City Manager of Development Services Johnny Perales introduced George Arimes with Horizon Centre and Customer Service and Process Improvement Manager Sylvia Arispe. Mr. Perales referred to a powerpoint presentation including primary customer service objectives; consistent customer experience; new versus existing services concepts; recent focus areas; public outreach efforts; customer survey sample; process improvement; business plan development; employee morale and work environment; and steps to move forward. The following topics pertaining to this item were discussed: the timeframe for hiring additional inspectors; giving the inspectors authority to make decisions; predictable manners; MIS allocations; consistent review from inspectors; training; project managers; and a check list. Council Member Martinez requested a timeline with measures for each of the components of the development services process improvements within the next 60 days. Mayor Garrett requested an update in the City Manager's Report or by presentation on the status of all critical vacancies available citywide. * * * * * * **** * ** Council Member McCutchon requested clarification on the vote for Item 8. City Secretary Chapa explained that ordinances and resolutions require five (5) votes to pass by charter except for abstentions. Council Member McCutchon asked questions regarding the conflict of interest qualifications and requested a legal opinion of whether the criteria was met for a formal abstention. —10— Minutes — Regular Council Meeting March 24, 2009 — Page 11 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:07 p.m. on March 24, 2009. —11— MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 31, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez ABSENT John Marez City Staff: City Manager Angel R. Escobar Assistant City Attorney Jay Reining City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Corey Endsley with The Church of Acts and the Pledge of Allegiance to the United States flag was led by Council Member Melody Cooper. 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 consideration of the consent agenda (Items 1-5.1.). City Secretary Chapa announced that Item 5.1. was added to consent on a supplemental agenda. There were no comments from the public. Council members requested that Items 2 and 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1.a. MOTION NO. 2009 -074 Motion authorizing the City Manager or his designee to accept supplemental funding in the amount of $100,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety, for additional funding eligible under the FY 2008 -2009 Local Border Security Program and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 1.b. ORDINANCE NO. 028102 Ordinance appropriating $100,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety in the No. 1061 Police Grant Fund for overtime associated with the Border Star Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. -13- Minutes — Regular Council Meeting March 31, 2009 — Page 2 3. ORDINANCE NO. 028104 Ordinance authorizing the City Manager or his designee to execute a one -year lease agreement with Matt Danysh, beginning April 1, 2009 for crop farming on approximately 567.3 acres located at the Corpus Christi International Airport in consideration of the payment of fee of $55 per acre. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. MOTION NO. 2009 -075 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P., in the amount of $226,780 for a total re- stated fee of $275,565 for the Sharpsburg Lift Station and Up River Road Force Main Rehabilitation Project for design, bid, construction and additional phase services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 5.1. RESOLUTION NO. 028105 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $2,293,200 to the U. S. Department of Justice, COPS Office, for the COPS Hiring Recovery Program to hire ten additional police officers with the Police Department and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 2 regarding the City's WiFi Network. Council Member Leal asked questions regarding whether the City would scale down WiFi expenses due to the economic times and MIS allocations. John Sendejar, MIS, explained that the WiFi network is used for the Automated Meter Reading System (AMR) and that staff is currently reviewing the budget. Mr. Sendejar stated that staff would provide a report on the status of the network. Director of MIS Michael Armstrong explained that MIS allocations include network, applications and computer support. Council Member Leal requested a breakdown of the MIS charges for the American Bank Center. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 028103 Ordinance authorizing the City Manager or his designee to execute an amended Agreement for Services between the City of Corpus Christi and the Corpus Christi Digital Community Development Corporation regarding the City's Wi -Fi network. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. —14— Minutes — Regular Council Meeting March 31, 2009 — Page 3 Mayor Garrett opened discussion on Item 5 regarding Airline Road from Saratoga to Rodd Field Road. Council Member Leal asked questions regarding the reason that construction stopped at Rodd Field instead of Yorktown. Director of Engineering Pete Anaya stated that construction to Rodd Field is designed to make the intersection safer and that staff will consider Yorktown in the future. Council Member Hummell requested that an item be placed on the agenda to allow the Council to provide input on the 2008 Bond projects. City Manager Escobar said the information on the bond projects would be provided in the City Manager's packet and an item would be placed on the agenda for April 14`". Council Member Elizondo requested that staff also provide information on the priorities of the projects. Council Member Cooper asked whether the construction on Cimarron Road could be completed sooner. Mr. Anaya said he would work with HDR engineering to review the schedule. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2009 -076 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $1,127,716, for Airline Road from Saratoga Boulevard to Rodd Field Road Project for design, bid and construction phase services. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett referred to Item 9 regarding the Corpus Christi Regional Economic Development Corporation (EDC) Quarterly Report. CEO /President of the EDC Roland Mower referred to a powerpoint presentation including an overview; success and pending projects; the Think BIG campaign; three prong strategy; the Regional Opportunities Council; significant organizational changes; programmatic transformation; campaign summary; activity summary for 2009 year to date; campaign summary; activity summary for2009; compliance reports; employment; and existing industry surveys The following topics pertaining to this item were discussed: the status of the two new enterprise zone slots; the jobs created and retained; the current appropriation received from the stimulus bill; renewable energy projects; the health care sector; whether the Council missed business opportunities; the issues with the Whataburger headquarters; whether the EDC will work with the U.S. /China Exchange Association; building relations with China; developing better relationships with financial institutions; preparing a portfolio of existing tools and resources; the immediate short-term wish list for the EDC; budget increases for the Economic Development Office; code of ethical conduct; military alliance; the Las Brisas plant; whether the EDC has looked at power plants that convert trash to power; whether the EDC keeps track of the businesses that are closing; educating the public on companies and projects interested in coming to the City; the status of the Bayshore Technologies and ReNu Power projects; and decreased employment numbers. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 6 regarding the issuance of City of Corpus Christi, Texas General Improvement Bonds, Series 2009. Interim Director of Finance Constance Sanchez provided a brief overview including the amount of the bonds; issuance of the remaining bonds; the structured perimeter sale; the documents; and the financial team. -15- Minutes — Regular Council Meeting March 31, 2009 — Page 4 The following topics pertaining to this item were discussed: whether the 5% guarantee return of investment for the Texas Municipal Retirement System (TMRS) fund will affect the bond ratings and if the fire station improvements are included in the capital projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 028106 An Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2009 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the letter of representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the bonds; and providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. * * * * *** * * * * ** Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet, spoke regarding the negative effects of the Las Brisas plant. John Kelley, 413 Waco, spoke regarding the Las Brisas plant and asked the Council to seek public input on this item. Ron Hamilton, 3636 S. Alameda, asked the Council to reconsider their decision on the Las Brisas plant and have citizen input. Bill Bennett, 3241 Reid, spoke regarding the poor conditions of an apartment complex at 3241 Reid. Jerry Garcia, Southside Youth Sports Complex, provided a list of projects that need improving at the league. Mr. Garcia also addressed the Las Brisas issue and the smoking ordinance. Carolyn Moon, 4902 Calvin, spoke in opposition to the Las Brisas plant and addressed comments made regarding citizens being misinformed on the issues. * * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 11. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett directed staff to provide a more accurate cost estimate for rehabilitating the Coliseum by early next week. Director of Economic Development Irma Caballero stated that staff, along with Council Members Hummell and Martinez, had a conference call with Mr. Prevratil and his legal counsel to clarify the $5 million commitment. Ms. Caballero added that Mr. Prevratil is —16- Minutes — Regular Council Meeting March 31, 2009 — Page 5 requesting additional time to receive quotes on roofing, electrical, parking lot improvements, utilities, demolition, remediation of asbestos and lead paint, and landscaping. Council Member McCutchon asked how the estimates would come in and begenerated. Ms. Caballero stated that the estimates would be generated by the construction companies. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 7 regarding the Tortuga Dunes Subdivision. Interim Assistant City Manager of Development Services Johnny Perales explained that this item was for approval of a development agreement with The Preserve at Mustang Island for the Tortuga Dunes project and reimbursement agreement for the design and construction of the Zahn Road Wastewater Lift Station. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2009 -078 Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift Station with eight -foot diameter wet well, 8,376- linear feet of a four -inch and six -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 8 regarding the Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Report. CEO of the CVB Keith Arnold referred to a powerpoint presentation including the top ten (10) tourism events in Corpus Christi, convention, sports sales, and service, and tourism and media advertising. The following topics pertaining to this item were discussed: the company that does advertising for the CVB; communications with the Pan American Golf Associations; the number of visitors to the CVB offices and visitors center; whether the CVB met their objectives this year; coordinating with the City for beach clean up before major events; the UIL tournament; the AAU Taekwondo Championships; the marketing for Concrete Street Amphitheater; external signage for the kiosks at the Stripes locations; and placing an information /visitors center on the island. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 5.3. regarding the HOME Investment Partnership Act. Director of Community Development Daniel Gallegos explained that under the HOME program, the Corpus Christi Community Improvement Corporation (CCCIC) has been providing for down payment and closing costs since 1993 and been very successful. Mr. Gallegos said that staff was informed by the U.S. Department of Housing and Urban Development (HUD) that the CCCIC is not an approved FHA lender. Mr. Gallegos provided a list of immediate remedies in order for the program to continue. Mr. Gallegos stated that staff is recommending authorizing the City Manager or his designee to utilize federal funds provided under the HOME Investment Partnership Act for FHA - approved home loans under affordable housing programs and to execute all related documents. —17— Minutes — Regular Council Meeting March 31, 2009 — Page 6 In response to Council Member Martinez, the application process will take one (1) to two (2) weeks. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 5.3. MOTION NO. 2009 -077 Motion authorizing the City Manager or designee to utilize federal funds provided under the HOME Investment Partnership Act for FHA - approved home loans under affordable housing programs and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, and Martinez, voting "Aye; Hummell, McCutchon, and Marez, voting "No ". (Note: Mr. Elizondo originally was absent for the vote and asked for the Council's concurrence to include his vote. Council concurred with his request.) Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC). Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 10 regarding an update of the 2008 Americans with Disabilities Act (ADA) Title II Transition Plan. Director of Human Relations Leon Bazar introduced the presentation team including Housing and Investigator for the Human Relations Department Wanese Butler and Thomas Dreier with the Committee for Persons with Disabilities. Mr. Bazar referred to a powerpoint presentation on the accessibility improvements including services, activities, and programs; public curb ramps; site development; intergovernmental agencies and public business; outreach and training; and future projects and activities. Council Member Leal thanked staff for their work at Sanders Elementary, the Mansheim area, Holly Road, Kostoryz, and Greenwood from Golliharto South Padre Island Drive (SPID). Ms. Leal also asked staff to make ADA improvements at the Health Department. Mr. Dreier stated that the City has become much more accessible over the last few years and hopes that the work continues. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at2:03 p.m. on March 31, 2009. * * * * * * * * * * -18- 2 Requested Council Action: 4/14/09 Alternate Date: 4/21/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement for dumpster route service in accordance with Bid Invitation No. BI- 0103 -09 with Allied Waste, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $116,375.76, of which $38,791.92 is required for the remainder of FY 08 -09. The term of the contract will be twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. This service will be utilized at thirty-nine different City facilities. Funds have been budgeted in FY08 -09 by the using departments. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The dumpster route service consists of providing and servicing 41 containers, ranging in size from 2 cubic yard to 8 cubic yard. These containers are serviced from two to six times per week, depending upon the amount of refuse generated at each City facility. Solid Waste Services does not provide this type of service due to the lack of necessary equipment. This contract will be administered by Solid Waste Services. Previous Contract: All options to extend the current contract have been exercised, requiring the City to issue new bid invitations. Bid Invitations Issued: Four Bids Received: Two Price Analysis: The cost of service has doubled since the last contract extension of 2006. According to the contractor, the increase is partially due to administrative overhead and direct cost associated with the contract. Basis of Award: Low Bid Funding: Michael Barrera Assistant Director of Financial Services Funds are budgeted by various departments from different funds under expense account 530210. -21- 9L'SLE 9LL A A A A W W co W (0 N N N N co no O A Co N 0 Co N -• O O S 0 N 0) A N i 0 m -CD . - 0 -1 C) 0 x0£ < - £ < • /DI i0. f--< 0. 0 3 0 0 m a 3 0 m' 3 0 0 0• • 0 0 0 0 v z O m 0 v z 0 m v v 2 0 v z 0 N C el (' m Z 0 N D co 0 Z v (' (' 0 Z (' 0 Z (1p f a - m £ a —I (CD F f a -I i a-I (OFD CD X'v z mr- CD X Z f xX Z R X N m JOC G N m m m m 0 S C (n (n 0 3 0 0 (0 '0 O CD O• � W A N 0 Co CO N N_ --, al Co -• 0 ONO ONO 0 co ED N 0 01 0 Co -s -s -4 v 00 D) 0 O J CO CO Co ()i Cn W N 01 -+ (vT CO co A O O) N O O N O CO O Co N P A O 00 0) W CD (.n _a CO A Ni N N N N Ni N O - CD O CO Co O] O V N - • O) fCJ O 0 0 N W CO 0 N -Co A N 0 000 0 V v Cn 0(001 O O 0 N N 00)' 'Co 0 O N W 0) C Ci 2. N O O) _ 0 CO W CO m (W, CO Na 01 Co 0 J. 0 0 0 0 Co (T O N O A CO CO O J O (O W W CT (0 O 4 0) N co A (O Co CO W — CO 0 co (0CO 0 - • NO co 0 N 0 Na CO 0 di v 00 v m N v a0 N • N A N O 0 00 CD CO CO 00) 0 N N - N N N - N N3 N3 N Na N N el N N (A CO (O 0— CO a O 0 (O 0- 1 • 0 (T OJ (0i) CO 0 A (0T ON) N 0 co O) -5 O 2 A CO CO D A N A N N 0 CO O N 0 W J 0 m 00 r J O A O A 00 a 0)0) 00 0)N0 A • -22- o J O ci O 0) 0 7 O 7 0) 0 0 O O -E3 • c O 0) O 0 . i. N N (0 0) ti 0 0 0 (D COUNCIL DATED: 4/14/09 CO "0 0 cc - 0co0 W Z 0 73 # - 0 c Dr= r- 7i 0 Z -� > 0 0 0 c 10 0) (D N 0 c (D 0) (D IU 60- E0I.O-I8 NOIIV1flUVI 018 3 1 Requested Council Action 04/14/09 Alternate Date 04/21/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four (4) trailer mounted air compressors in accordance with Bid Invitation No. BI- 0125 -09 from Air Specialty & Equipment Co., Corpus Christi, Texas based on low bid meeting specifications for a total amount of $70,674.58. These units are replacements and will be used by the Water Department. Funding is available in the FY 08 -09 Capital Outlay Budget of the Maintenance Services Fund. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** Purpose: Bid Invitation Issued: Bids Received: Pricing Comparison: Basis of Award: Funding: Two of the air compressors will be used at the O.N. Stevens Water Filter Plant as backup air compressors at the facility and the other two compressors will be used by field crews to operate pneumatic horizontal boring tools. Sixteen Five A bid received from Compressed Air Systems, Grand Prairie, Texas had been deemed as non - responsive for failure to complete the bid specification compliance questionnaire. Without the required information, the City could not evaluate the offer. Pricing has increased approximately 21% since the last purchase of 2005. Low Bid Meeting Specifications — Bid Item 1 The bid submitted by Truckers Equipment, Inc., Corpus Christi, Texas does not meet specification requirements regarding engine horsepower and emission standards. Low Bid Meeting Specifications — Bid Item 2 The bid submitted by Mckenzie Equipment Co., Corpus Christi, Texas does not meet specification requirements regarding the discharge line water separator. Maintenance Services 550020 -5110 -40120 Capital Outlay No's 29, 30, 32 & 33 Michael Barrera Assistant Director of Financial Services -25- $70,674.58 ƒ o ,n, mn - z k »\ ko\ ° J22 R8 ) /f ( (0 0 _. U \ ®E k z .ck m�r ® 2( |2 (, f, ®E/ ]J. , ( \gE(no co 0§T !(0 ƒ� _ co 0 , 0 0 -,lkk} !!§ !2 aJ 0 Co }}/ \® o2 mr 2 - �k (k \� to 8n gm pi la 0 N3 0< 0c k! : o k\ *2 ;� -co Ea - a. ,B o �/ ,0 }/ « // F4 rt A| 0 CO (# a, ( ui N3 CO }| ( 0. CO o �\ co [ 0 k EA Co C.4 () 3 0 \ \ '0 ! I© - 0 tra:C° co \ \ (/ /8. 8 $14,863.00 $29,726.001 $15,868.00 fa CO a (7 8a \{ (} c. C0 0; kf 0.2 |- \ \f /. w F 0 m a 0 0 0co \\ /) (i ) -26- Requested Council Action 04/14/09 Alternate Date 04/21/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for portable chemical toilet service in accordance with Bid Invitation No. BI- 0054 -09 with Skid -O -Kan Co., Corpus Christi, Texas based on only bid for an estimated annual expenditure of $71,940.00 of which $17,985.00 is required in for the remainder of FY 08/09. The term of the supply agreement will be for twelve months with an option 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 08- 09. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The portable chemical toilet service will be used by the Gas, Park & Recreation, Police, Solid Waste, Street, Wastewater, and Water Departments at construction sites and other areas where toilets are not available. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations issued: Two Bid Received: One Price Analysis: When compared to the previous contract of July 2005, pricing has Basis of Award: Funding: increased 54 %. Only Bid Historically, the City has received limited responses for this specialized service. Of the two known Local service providers, Skid -O -Kan and Allied Waste Services, Allied Waste Services no longer provides this service. Remaining FY -08 -09 Departments Park & Recreation Park & Recreation Gas Department Police Solid Waste Street Water Wastewater Michael B. era Assistant Director of Financial Services —29— Organization Number 530160- 1020 -12940 530160- 1020 -12910 530160- 4130 -34130 530160- 1020 -11870 530160- 1020 -12520 530160- 1020 -12410 530160 -4010 -31520 530160- 4200 -33400 Amount $11,985.00 857.14 857.14 857.14 857.14 857.14 857.14 857.16 Total: $17,985.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 04/14/09 ITEM DESCRIPTION 1.0 Portable Chemical Toilet Service Group I City Service Estimated Annual Expenditure: 1.1 1.2 1.3 1.4 Portable Toilet Portable Toilet Portable Toilet Portable Toilet 1.5 Wheelchair Accessible 1.6 Wheelchair Accessible 1.7 Wheelchair Accessible 1.8 Wheelchair Accessible 2. Portable Chemical Toilet Service Group II - Beach Service BID INVITATION NO. BI- 0054 -09 PORTABLE CHEMICAL TOILET SERVICE QTY UNIT SKID -O -KAN CO. CORPUS CHRISTI, TX UNIT PRICE EXTENDED PRICE 18 3 2 10 1 1 1 3 3,196 Monthly Rate Weekly Rate Daily Weekend or Special Event Rate Monthly Rate Weekly Rate Daily Rate Weekend or Special Event Rate (2) Service Rate for supplying and servicing approximately 70 units located on Padre Island $105.00 67.50 60.00 65.00 150.00 90.00 75.00 120.00 15.00 (1) $24,000.00 $1,890.00 202.50 120.00 650.00 150.00 90.00 75.00 360.00 47,940.00 TOTAL: $71,940.00 (1) The City estimates it will spend approximately $24,000 annually for Group I service. These units are ordered as needed and are routinely used at construction sites and /or during holiday events sponsored by the City. The quantities shown are used for evaluation purposes only with the actual quantities needed being dependent on the number of jobs /holiday events scheduled during any given year. (2) Units are serviced once or twice a week depending on the location of the unit and the time of year. During the spring and summer months, units are serviced more frequently due to the higher utilization rate. -30- Requested Council Date: 04/14/09 Alternate Date: 04/21/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of traffic signals and equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0086 -09 based on low bid, most advantageous bid and low bid meeting specifications for a total amount of $285,873.00. Funds have been budgeted by Traffic Signals in FY 08 -09. Texas Highway Products, LTD Round Rock, Texas Item No.: 1, 3, 12 and 13 $65,025.00 Control Technologies, Inc. Tomball, Texas Item No.: 4, 6 -9, 14, 15, 18 and 19 $89,748.00 Paradigm Traffic Systems, Inc. Arlington, Texas Item No.: 17 $65,700.00 Consolidated Traffic Control, Inc. Arlington, Texas Item No.: 2, 5, 10, 11 and 16 $65,400.00 TOTAL AWARD: $285,873.00 ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The traffic signal equipment will be used by Traffic Engineering to monitor and control traffic signals at signalized intersections. The equipment will be used as needed throughout the City for backup, replacement or upgrades for existing equipment that is at the end of its Life cycle. Bid Invitation Issued: Bids Received: Pricing Analysis: Basis of Award: Funding: Mi As el Barrera stant Director of Financial Services Fourteen Eight Pricing has decrease approximately 10% since the last purchase of like items. Low Bid — Item Nos.: 4, 8, 9, 11 -19 Low Bid Meeting Specifications — Item No.: 1 & 10 The bid submitted by Naztec Inc., Sugarland, Texas does not meet specification requirements regarding compatibility with existing equipment and/or specified manufacture type. Low Bid Meeting Specifications — Item Nos. 2, 3, 6 & 7 The bid submitted by Traffic Parts Inc., Spring, Texas does not meet specification requirements regarding the traffic signal housing. Most Advantageous Bid — Item No.: 5 Consolidated Traffic Controls, Inc., Arlington, Texas and Control Technologies, Inc., Tomball, Texas submitted equal pricing for line item 5. Recommend award to Consolidated Traffic Control based on best lead time of thirty (30) days. Traffic Signals 520130 -1020 -12310 $213,723.00 550040- 1020 -12310 72,150.00 -33- TOTAL: $285,873.00 3 co D N y 0,0 0 w 3 •< • ? 0l 0 -0 F ° P P. O 0 0 D J y 0 • 0 0 a Cr a a = 3 n 3 0 N 0 N C C m 3 ° 3 0. a. n 0 c c o- CO `< = •.< a Z IT) ° .N - n S 0 cI] x. - w. a -. 0 J N = co 3 m 0 a o c 0 N a 0 -o J 7 m a OD ti -I ✓ m 0 y w 0 O a O. °m N co N 0 J o 0 3 m m N N -N° mlU O 53 T N N O O J J ill 4 M • c c 3 0 M J J N N C n' J. 0 m va n J O a a m 0 0 3 -1 p O_ en 5 N - C S ° m ▪ co O - J O a a • c 3. CD m V N • J 0 0 D J 0 0 0 0 C] J 3 N O 3 -1 2 en 0 0 V N a O ry 0 c N O • N s. M 0 N el D o S .< 0 (o N p) O co y P 3 a _1 N (p x 3 3 0 m 3. 3 �a O. -0 C n J 0 RI -0 O 3 CD 011 0. a • w D F, N -C CO O 0 J C al 0 ^ 0 z N J 0 69 m a in v 3 x n o 0 a y O ry o a w 3 CI O m 0 0 2 CO F J. = N D 0 0 3 a R. J a0 d s 69 (00 00 a L0 0 O N 0 49 Cn N N o 0 m Co 0 A O 0 0 C 5 J 0 m -0 n 3 0 a 0. O C N a o g 0. ° O o 2 N 0 - I w 01). C • a. m N O ▪ 3 a -0 J N m 0 N o 0. O a 0 D g J- 0 • 0 (O O l0 N 0 a g 2 N • ° 0 v c m n • J O a a (0 -4 0) 0 V r- 0 m J. J (p a 0. (n O • Z ▪ 0 N J CD 0 a _ 0 0 0 M 3 • N • 3 O co CD W 0 0 v n 0 2 w .. -2 � en a N 0 J 0 0 m 0 0 oo•ooe j m m 3. 3 J. j a C0 m 0 49 V N 0 0 Co CO O m O 0 0 C m m O J m a CD c n J O ^ m V co O J cp O- a C • ? O . m -0 CD J. 3 8a a C n J 0 J. 3 n a 0 C N 0 3 N -° C p i N ^ J ° x 01 a 0 0 a y o 0 0 2 F H a M -• 0 'S 0 V w 0 x N ▪ co o a 0 e> m Co 5 V .__ T N ° ▪ 5 = 0 0 a o o 0 D co m C - o o • m y O 3 C N O A d at o _ G-) m O O O C R Z < d (n (i O 2 z N 9 D▪ m O T • < N O 11 z O ✓ Z N Z i> O O m c pa • 0) m z co 0 0 - + 0 D 0 5 • 0) y 0 rn y a D x y 3 (Cn - n v v D . S 0C U▪ t A^ 0 0 (c o 0- O m cn N 0 O `c N w m J m (a 0 m n n m 3. 0 m 3 3 _(a. ° m m n 0 ,0„ a 0 .QA °o 0 a m a a a m 0 s 0 3 O p a' 0- n -'m)°o m 0 c a 'm > o- a N a m 3 iS o F 5 m - _. mn as n a- 0 O w O O n o< as o N .... m 21 • O a 0 • N N CO m x a 5 a N m co n N • N C D 0 2 ✓ Q El 3 o v 5 ^ o 0 a> o -i m 3a x -I O co N N 0 a m N N.a n, 0. O a O ° a m O O O 0 a 0 ' 3 5 ✓ o o co 5 3 m to m - 3 • m 0 3 a U n w O 5 .0 N 3 m 0 N m m - 3 -i m O • O w m 0 N. J N 5 00 U a 0 0 = 0 0 •Z 0 s C a a O 0 00 C a 3. CD m V N O 0 a V C n a CD m v0) R. a m0 0. m • -- m a J N 0- a D a 5 • 0 v co co m O -< a • N a, , m O m - m 3 x co • n C0 c 10 0) m z J a m CD 0 CD • _ N n 0 0 0- C a CO CO O C a m a. m V N 0 m a 0 C a 69 01 C 5 a. m m v .CD • 3 m • 0. a V C O a N • m V N F).a m 0 CL CA IC/ CO 0 O 0 0 O o D. m m v� g o. a C a a CD m vco as m 0 n 00 0ez'zS C 5 a m m V N o n m a n' a. m ^ m • CD m D. 6 C n= CD m vco 0 0 a n C ^. N m .D a. j m 0 0. C • = CD m v� O o. m m C. 0 D o J O 0 O a - O a N ? ° a CD -i _ I) a -i m n • 0 'ES - 5 a. m m -0 O • 00. CD a N c 10 0 m mz 0)' J a N 0 -I 0 N (a) O A —35- O 0 C n a. CD m a. a m a a -a 5 n 00 (n m o<a a a m to x m 3 Um j 0 0 a D o a 0 O G 0 a m O Q N - • y 0 5 0 ) n m 0 n co 3 O D N (0 CO 0 m & 3 < m a m O 'G m O -0 5 N m a O 0 D a O 0 z- oo to O O CO ■,• O 49 N O 69 O CO oft 00 49 N O O 0 0 • � CD Z. Vm 0 Z. j m a a C n a m ^ m v4 A a m 0 a m o n m 0 C O 0 m V N a 8. m a 2, 0 0 fll CL O m A C n ? O N O CD N X N n m m v )^5 an' 5 m a a C n= 0 • = m 0- CD CL CM O O 0 • C n 3 m ^ m CO n CO m 0. n O 0 co _ v 0 "p• > 0 0] T a C y n O 0 m O z« 03 0) O = Z A a 2 s m c 0 d 3 0. a c m co Q C o 3 Ei 0 as 3< 0 Z 3 0 N C N 0 0 C 0 m' 0 m c N N O. CD CD N 0 ID ID O_ 3 0 N m 0 c. O 3 a 3 co N 3 0 CO 0 a 0 O 0 0 3- Eft r.: -0 c n 3. 0 m o 0 8. j 0 a 0. 0 C v O a o y m 0 0 0 • 0 (0 r m • C 3. 0 m -o A- 7. a (U a a V c m ^ RI 0. j m a a N _<, 0 N • � D 5 c t ^ m v0 O n 0 0 0. 0 > o a 0 co • O O f° a O a N P " 0 5 -I P 0 0 0 4, CO 0 O 'n' a. CD m 6 ▪ 3 0 0. A 0 a a 5 0 CO -0 0 0 N ID 5 p m m -0 ▪ C OD ^ 0 Z a N i 0 m _ ✓ CD N n 0 • CL a 3 0 co a 0 3 O N a n 0 D. 0 00 9 0 0 ° 8 o o a 0 7 -4 P N 0 61 m O 69 0 o o m 5 m 0 0 o a 0. -0 r- m. • 3. O ^ m 00 '0' O a 0 -0 c • N ^ m va n = m 0 0. a 3 0 0 N 7 0 4, o tit 0 N O 00 c V c n' a. m m 0. 0 • 0. a n 0 D 0 00 0 0 0 co a 0 o m 'N0. O o -1 m • • v N 0 n C n 0 m O 0 a ID a V c ^ 0 m .O x • m n= CD n —36— m5 < co o a P n 0 0 0 o d 2 d o 0 a to N mom 3 0 8 0. 0 (D 0 0 0 CO w 3 0 0 a 0 -0 c O 2. CD m 3 j (0 7. Cop a O. -0 C n= 0 m -0CD n a m 0. a V C n ?. • 0 RI v. m3 a CD oo m m -Q O • • • = 0 aw coin p it -- -1 Z m 0 0 0 c N Z < m • (n 0 O 2 — co i D co -no T_ n < CO D 2 • -- 2 0 r2 N Z 9°0 • It C o • rn m 2 rn 0 3 d > 0 cr C_ W 0 c a m • co B ca m a O N a 3 m o a a N O 0 0 n 0 CO O a C a a. 0 m a 0 'n' A 0. g. 0 D o 0 0 3 0 0 0 0 O a - m 0 N 5 m n 0) • N 0 00 a C CD 99 CD m a( a. ' 00' NJ O oa 0 O a n C CD 2. m = 0 a • a a a CD -• 9. m m a a D 5 • 0 a co cn � y 6 m y 3 3 d m OZ' 3 Sao 0 . Z a? O a N rnaa m n m a? -3 0 a 3 a N O 0 0 n D •G 0 0 0 00 -0 r- 7. m a. m a '0 a. j N a a t» a C v, n a O 0 a 69 a C n ^ • 3. m m a CD a CD CD • a 0. a 0 O ^ m a s 7. n m a a —37— A CD 3 gID 3 0,9. O a am - z 0 Z 0 0 o a o a 03 ▪ a N c CO 0) A 0 0 0 a C n 2. 0 m m n = 0 a a C n 0 a. m n 0 mn a -i 1 0 CD 0 3 m 0 - 0 . 0 N w 3 N a CO__ x a s -4 0 7 T 0 w 0 a D m. N or0 0 - w a O 0 N 3 !0 0 0. A 0 0 N 0 3- 0 C 3 0 C C1 CD ^ m ag 2: a a m^ m aco n' a m a a 0 O 0 Fn 00 O O a m m a a) 0. J O 0. a a C • a 0 m v3 O 3 O a a th 9E 0 NJ N 0 O C 0` 0 m a N n = a 0 c m� m a3 0 CD a 0. O 0 O 0 :0, C N 0 9. ^ m a o. ma a D C m C ("1 O m m 1 0 o • m x O 0 0 1 0 A (0 0 0 0 C Z < U 0) N 0 O x z p -1 A ▪ W D m -n O < c • 2:1 • O Z Z P. 0 D m - O co M a aa 0) 0 - 1 A o N 0 a 5 n m to 0 N p aC n 2. 0 m a0 0' J O • a O. 4 ! \ot 0 ca ii (0= ? CD 0 [ c CD Pe 7( }\ 7. � \ 13 c ca (( 0) & 69 z. }\ 0 r- 5- §{ }( a. (( 73 c 0 o X 91 CO ! CD ( ( 0 co o co 31 in— CD 40 -38- \5 7 k(\ co 0 \ co 1:1:0 Ln En CO kW }\ CO w CD H co (\ o. 0 o }§\ cn CO }\ q CD g. co in co 0 03 ) 7J \. 0 0000c §Z &° 9§ co 71 2 90 0 )\ co :SOUVMV 1V1O1 ONV21D -39- 3 3 N N O }V W 6L 8 St 'St 'H.'6- 9'b :swa;I N en N 0 O 0 D C a C 0 O H m -1 0 o A m = OT S3. O N j Q Z Co 000 C aZ« N in o Z co O � V • N 0. 0 W J3 C N O 0 S F N -1 S H D O O m T W T Z co zi D C Z O —1 r Z D d D N Z m 0 m C z w a C o 0 c 3 3 M m m • N m N = Z co 0 0 0 0 �U 0 0 00 0 O 0. • C) CO 5. 0 0 CO 0 O 0 N • co n CD 0 N 0 0 0 m 0 0 rn 6 CITY COUNCIL AGENDA MEMORANDUM April 14, 2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to authorize the purchase of licenses and consulting services from Innovative Management Solutions of Plano, Texas to implement Primavera P6.2 Project Management program for engineering and construction projects at a cost of $38,149.20 for the software licenses, $12,000 for assessment of department current project management organization, $66.450.00 for the Primavera implementation fees and $8,467.60 for the first year annual license maintenance. Software licenses and consulting services are being purchased from GSA (US General Service Administration) authorized supplier at GSA software prices. B. Motion approving the purchase of continued annual maintenance from Innovative Management Solutions of Plano, Texas for the Primavera Project Management software solution subject to annual appropriation of funds. ISSUE: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. This project management software is needed to implement a centralize program management system to effectively manage the engineering and construction projects. Currently the engineering department does not have project management and cost control system and projects including related cost controls are managed through the use of spreadsheets by various personnel. BACKGROUND: This Project Management system would allow collaborative scheduling with interactive Gantt charts, capacity planning, and resource management which will enable engineering to manage projects of all types and sizes through a single solution. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: None FUNDING: The total cost of $125,066.80 will be funded from the Engineering Services Department Fiscal Year 2008 -2009 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, PE Director of Engineering Services Attachments: Exhibit A: Subcontract Service Agreement Exhibit B: Software Quotation Exhibit C: Assessment and Readines4Soposal it" INN,N T,„ CLIENT SUBCONTRACT AGREEMENT — CCC20090205 This Subcontract Agreement (the " Agreement") is made and entered into this 51° day of February 2009, by and between Innovative Management Solutions, Inc., a Texas corporation with its principal office and place of business at 7160 North Dallas Parkway, Suite 320, Plano, TX 75024 ("IMS "), and City of Corpus Christi whose principal place of business is Corpus Christi, Texas 78469 -9277 ( "Client "). WREREAS, Client desires to engage IMS pursuant to one or more written Professional Services or Staff Augmentation Work Orders to perform services for the benefit of Client; NOW, T13ERE1?ORE, in consideration of the mutual promises and obligations in this Agreement, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: ARTICLE 1 TERMS/WORK ORDERS 1.1 Work Orders. Client shall retain IMS' services pursuant to mutually agreed work orders (the "Work Order ") which shall identify the Customer, Site, Services and Deliverables to be performed and the time for performance. Each Work Order shall contain the information required by IMS on forms provided by IMS. 1.2 Seheduline and Reporting. Both client and IMS shall commit the appropriate personnel, resources, facilities, equipment and space for IMS to perform the Services and develop the Work Product within the time periods set forth on the Work Order. IMS shall report its progress daily to Client's designated representative and both Client and IMS shall cooperate to minimize delajs in the schedule and to meet appropriate deadlines. 1.3 De ivery /Accentance. Upon delivery of the Work Product both Client and IMS shall review the finished product and determine its acceptability. Client shall detail non - conforming items in writing and both Client and IMS shall cooperate to address such nonconformance in an agreed upon manner and time frame. 1.4 Changes. All changes in scope or schedule of a Work Order shall be agreed upon in writing, signed by both parties, and shall comprise an additional Work Order, containing the differences, in costs, scheduling, services and Work Product. ARTICLE 2 COMPENSATION 2.1 Client Invoicing/Pavment Terms. IMS shall invoice Client on a bi- weekly basis for all services rendered pursuant to the Work Order, with Professional Services billed on a daily date and Staff Augmentation Services billed on an hourly rate Payments are due on a net 30 basis, unless otherwise agreed upon in the Work Order. Repayment for all travel and business expenses incurred by IMS will be outlined in the corresponding Work Order. 2.2 Taxes. Client shall pay and hold /MS tmless from the failure to pay all taxes incurred or levied upon the services and products rendered by S,tincluding all federal, state and local property, sales, use, excise and ad valorem or other taxes. IMS shell remain responsible for all federal and state withholding taxes on the income paid to its employees. e6Sri1 60 60 Z•d Z9i0L91.69f ioS yuawa2eueW annenouul qaJ ARTICLE 3 INSURANCE 3.1 Insurance Coverage. Notwithstanding any other workers' compensation or insurance policies that may be maintained by IMS or by any Client hereunder, IMS shall carry and maintain in force at all times relevant hereto insurance of the types and minimum coverage amounts as IMS determines to be reasonable for the performance of the Services rendered. In the event insurance coverage verification is required under an applicable Work Order, IMS will provide the necessary Certificate of Insurance for such purpose. ARTICLE 4 CONFIDENTIALITY/NON- SOLICITATION 4.1 Confidentiality (a) The parties acknowledge and agree that during the term of this Agreement proprietary and confidential information of' the parties will be exchanged. The use and disclosure of such information shall be governed by the Non - Disclosure Agreement between IMS and Client, a copy of which is attached hereto as Exhibit A. (b) The terms of this Agreement shall constitute Confidential Information pursuant to the Non - Disclosure Agreement. 4.2 Non-Solicitation. IMS and Client shall not at any time during the term of this Agreement and for two (2) years after termination thereof, solicit, offer to hire or hire an employee or contractor of the other party whom it knows participated in the performance of Professional Services under any Work Order or assist in the hiring of such employee or contractor by any other party without the prior written consent of both parties. 4.3 Staff Augmentation. Candidates provided to client by IMS on a Staff Augmentation Work Order may be eligible for hire by the Client; provided, however, that if such candidates are retained by the Client or referred to any third party by the Client within 12 months of the end of any assignment by 1MS, a retainage fee of twenty -five percent (25 %) of the candidate's first year salary shall be paid to IMS by the Client. ARTICLE 5 INDEMNIFICATION/LIMITATION OF LIABILITY 5.1 Indemnification. Client and IMS shalt indemnify, defend and hold either party and its employees hereunder (collectively "Indenmitees ") harmless front and against any and all danages, losses, liabilities, obligations, claims, litigation, demands, suits, judgments, costs or expenses, including without limitation reasonable attorneys' fees ( "Claims'? that may be made: (a) by any third person for bodily injuries, including death to persons, or damage to tangible property, including theft, resulting from the negligent or otherwise wrongful acts or omissions of Client, its employees or agents; (b) under the applicable state law statutes pertaining to Worker's Compensation against Indemnitees by employees or other persons flunished by IMS to provide Services hereunder; or (c) arising from any natter directly caused by Client or from a breach of any warranty or representation made by Client hereunder. Client shall also indemnify Indemnitees against any damage to their premises, or items located on such premises, caused by Client, its employees or agents. Client's obligations under this Paragraph 5.1 shall survive the termination of this Agreement for any reason. dMS agrees to give Client prompt notice of any such Claim, and shall, to the extent IMS is not advers4 elected, cooperate fully with Client in deihnse and settlement of such Claim. CLIENT SUBCONTRACT ACREBMENT e•d 29TOL9469$. Tog %uaaa2stuSW anigsrnauui PAOE2 g6S:TT 60 60 clad 1 5.2 Limitation of Liability. In no event shall either party be liable to the other party for any incidental, indirect, special, consequential or punitive damages, loss of goodwill or business 15rofits, regardless of the nature of the claim, even if such party knew or should have known of the possibility of such damages or claims. In no event shall either party be liable to the other party for damages in excess of the total charges set forth in the Work Order from which such liability arises. The above limitation of liability excludes willful misconduct by either party. ARTICLE 6 TERMINATION 6.1 Termination for Breach. In the event either party fails to perform any material term in this Agreement or a Work Order and fails to cure suck breach within fifteen (15) days of receipt of written notice from the other party specifically identifying the breach or breaches, the affected party may, without limitation of its other rights, and at its election, terminate; this Agreement and all Work Orders then in effect, or terminate solely the Work Order that has been breached, without further obligation or liability to the other party hereunder, except as to payment obligations, by giving at least ten (10) days advance written notice to other party of the intended termination date. ARTICLE 7 GENERAL PROVISIONS 7.1 Independent Contractor. It is the intention of the parties that IMS shall be an independent contractor and not an employee, agent, joint venturer, or partner of Client hereunder. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between IMS and Client. 7.2 pi ices. Any notices to be given hereunder by any party to another party may be effected either by personal delivery in writing or by registered or certified mail (postage prepaid with return receipt requested), overnight delivery service or facsimile (with a copy by registered mail). Mailed notices shall be addressed to the parties as follows: To Client: City of Corpus Christi Attn: Pete Maya PO Box 9277 Corpus Christi, TX 78469 To IMS: Innovative Management Solutions, Inc. Attention Vicki Mendoza, Manager of Administration or Brent Langley, Vice-President of Client Solutions 7160 North Dallas Parkway, Suite 320 Plano, Texas. 75024 Pax: (469) 467-0162 Each party may change such address by written notice in accordance with this paragraph. The date upon which any such notice is received at the designated address shall be deemed to be the date of such notice. 7.3 Assignment. This Agreement may not be assigned by Client without the express written - consent of IMS, which consent may be unreasonably withheld or delayed. 7.4 Waivers. No waiver by either party a! And default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of*his Agreement. CLIENT SUBCONTRACT AGREEMENT PAOE3 —46- 39I0L9ti69t• 1o9 quawa3eueI anlyenouul y d doorar 60 60 Q04 7.5 Entire Agreement. This Agreement, together with the Non - Disclosure Agreement, the attached exhibits and Work Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representations, inducements,. promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. 7.6 Severabllitv. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 7.7 Governing Law: Attornevs' Fees. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, exclusive of choice of law rules. Any action relating to this Agreement shall be brought in the federal or state district courts located in Collin County, Texas, and all parties to this Agreement hereby consent to the jurisdiction of said courts. If any legal action or proceeding is brought for the enforcement of' this Agreement, the successful or prevailing party shall be entitled to reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it may be entitled. 7.8 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. 7.9 Conflict in Terms/Order of Precedence. In the event of any conflict between this Agreement and the express terms of any Work Order, the terms of the Work Order shall control as to all matters within the scope of Services described in the Work Order. 7.10 Cautions. The captions in this Agreement are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of this Agreement. 7.11 SurvivaL Paragraph 2.2 and Articles 4, 5, 6, and 7 hereof shall survive termination or expiration of this Agreement. In addition, all obligations of a party, including payment obligations, incurred prior to the termination or expiration of this Agreement shall survive such termination or expiration. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. INNOVATIVE MANAGEMENT CLIENT SOLUTE +NS, INC. Signature: 1 / • .41.wr Signature: Printed Name: Brent - : ley / ' Printed Name: Title: Vice-President of Client Solutions Title: Date: February 5, 2009 GWENT SUBCONTRACT AGREEMENT g•d -47- 29TOL94694 IDS 3uawa3euvw anT3enouul d00 :ai so 60 clad PAOE4 vv. EXHIBIT A NONDISCLOSURE AGREEMENT Dated: February 5, 2009 Parties: Innovative Management Solutions, Inc. 7160 North Dallas Parkway Suite 320 Plano, Texas 75024 City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 Purpose of Disclosure: The parties business goals. strategies, visions, methodologies. standards. processes. etc. For the purpose specified above, IMS and Client recognize that there is a need for them to disclose to each other certain technical and/or business information which is confidential to the Disclosing Party and to provide for an agreement to protect such confidential information and restrict its use strictly for the purpose identified above. Accordingly, IMS and Client agree as follows: 1. Definition of Confidential Information. (a) For purposes of this Agreement, "Confidential Information" shall mean all confidential and proprietary technical and/or business information disclosed to Receiving Party, including but not limited to product designs, capabilities, specifications, drawings, algorithms, processes, inventions, data, program code, patent applications, trade secrets, and information regarding future technical, business and marketing plans and product strategies and the identity of actual and potential customers and suppliers, which Receiving Party knows or has reason to know the Disclosing Party would like to treat as confidential for any purpose, such as maintaining a competitive advantage or avoiding undesirable publicity. (b) "Confidential Information" shall not include information which (a) was already rightfully known to Receiving Party prior to the time that it is disclosed to Receiving Party hereunder; (b) is in or has entered the public domain through no breach of this Agreement or other wrongibl act of Receiving Party; (c) has been rightfully received by Receiving Party from a third party not under obligation of confidentiality to the Disclosing Party and without breach of this Agreement; (d) has been approved for release by written authorization of the Disclosing Party; (e) is independently developed by Receiving Party without using the confidential information of the Disclosing Party; or (f) is required to be disclosed pursuant to a final binding order of a governmental agency or court of competent jurisdiction, provided that the Disclosing Party has been given reasonable notice of the pendency of such an order and the opportunity to contest it. 2. Obligations of Confidentiality. Receiving Party understands and agrees that it will be deemed in a fiduciary relationship of confidence with respect to the Confidential Information disclosed to it. Receiving Party agrees to hold the Confidential Information in strict confidence and not to disclose such Confidential Information to any third party or to use it for any purpose other than for the specific purpose identified above. Receiving Party agrees that it will employ all reasonable steps to protect the Confidential Information from unauthorized or inadvertent disclosure, including but not limited to all steps that it takes to protect its own information that it considers proprietary and trade secret. Receiving Party may disclose the Confidential Information to its rpactive responsible employees but only to the extent necessary to accomplish the purpose identified abovet and Receiving Party agrees to instruct all CueITSUBCGNTRACr AGRSEMON7 —48- 9•d aBtOL9i694 IDS 4uawa2aueW aniyenouul dto:2t 60 60 4a4 such employees to carry out their respective obligations under this Agreement not to disclose such Confidential Information to third parties, including consultants, and not to use it for any purpose, (other than to accomplish the purpose identified above), without the prior written permission of the Disclosing Party. Receiving Party shall be responsible for any acts or omissions of such employees in conflict with this Agreement or with any of the instructions required to be given in accordance with the foregoing. 3. Return of Materials. Except for materials incorporated in Deliverables or necessary for Client to realize the full benefits from the Work Order, upon the completion or abandonment of the purpose identified above, and in any event upon the written request of the Disclosing Party at any time, whether before or after such completion or abandonment, Receiving Party shalt immediately return all documents, plans, drawings, specifications or other tangible items representing or embodying Confidential Information, and all copies thereof. 4. Ownership of Confidential Information, The Disclosing Party shall be deemed the owner of all Confidential Information disclosed by it hereunder, including all patent, copyright, trademark, trade secret and other proprietary rights and interests therein, and Receiving Party recognizes and agree that nothing contained in this Agreement shall be construed as granting any rights, by license or otherwise, in or to any Confidential Information disclosed pursuant to this Agreement or in or to any such intellectual property rights therein, 5. Remedies. The parties recognize that irreparable injury will result to the Disclosing Party, its business, and its property in the event of a breach of this Agreement by Receiving Party. It is agreed that in the event of any breach, or threatened breach, the Disclosing Party shalt be entitled, in addition to any other remedies and damages available, to an injunction to restrain such breach or threatened breach thereof by Receiving Party. Receiving Party agrees to pay any and all reasonable attorney's fees incurred by Discloisng Party in successfully enforcing any covenant contained in this Agreement. Receiving Party agrees that any corporate parent, subsidiary, or affiliate or the Disclosing Party may enforce this Agreement without need for any assignment of this Agreement. 6. J,14uidated Damages, Because damages resulting from any breach by Receiving Party of the confidentiality and unfair competition provisions of this Agreement may be impracticable and extremely difficult to fix in an actual amount, at the sole and exclusive option of the Disclosing Party, the liquidated amount of damages presumed to be sustained from any such breach will be $250,000.00.✓That sum, at the sole and exclusive option of the Disclosing Party, is agreed as compensation for the injury suffered by it and not as a penalty. Alternatively, the Disclosing Party may elect to prove its actual damages. 7. Governing Law. This Agreement shall be construed under, and the laws of the State of Texas shall govern any suits and special proceedings arising out of this Agreement. Additionally, the parties agree that the venue for any and all suits and/or special proceedings arising out of this Agreement shall be Collin County, Texas. 8. General. This Agreement shall remain in effect for a period of five (5) years from the date hereof. This Agreement shall be governed by and construed in accordance with the laws of Texas without regard to or application of choice of law rules or principles. If any provision of this Agreement or any portion of any such provision shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall remain in full force and effect, and the provision or portion thereof affected by such holding shall be modified, if possible, so that It is enforceable to the _ maximum extent permissible. This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof and may not be modified exceptt�iy a written instrument signed by an authorized representative of each party, r • r i CLIENT SUBCONTRACT AGREEMENT 1.•d -49- 88101.9.1,894 109 auawaleuew annenouut PA0G6 daO :ST 60 60 Wad IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. INNOVATIVE MANAGEMENT CLIENT SOLUTIONS, INC. Signature: • a. Signature: Printed Name: Bran ngley Printed Name: Title: Vice-President of Client Solutions Title: Date: February 5, 2009 Date: CI;IENI' SUBCONTRACT AGREEMENT 9•d —50- 29i0L9t.S9tr LOS 2Ua111glVUQW •AflVAODUj LAOE7 dco ;at 60 90 gad k,. IV INNOVATIVE ... ......:. .......... CCC Wank Order 001_20090203 February 5, 2009 Client Professional Services Subcontract Agreement Work Order This Work Order is made pursuant to the Innovative Management Solutions, Inc. Client Subcontract Agreement named "CCC20090205" (the "Agreement ") effective on February 5, 2009, by and between Innovative Management Solutions Inc. ( "IMS") and City of Corpus Christi CCllent") and is Incorporated therein by reference. All Terms and Conditions of the Agreement apply. Additional terms and conditions will be stated, as applicable, In this work order. Work Order Scope 1. Work Order Number CCC Work Order 007_20090203 2. Work Locstion(sl; Work will be performed at: On -site work will be performed at Client address: Department of Engineering Services City of Corpus Christi Corpus Christi, Texas 78469 -9277 And /Or Innovative Management Solutions, Inc. 7160 N Dallas Parkway Suite 320 Plano, Texas 75024 (469) 467 -9221 And/Or Innovative Management Solutions, Inc. 2277 Plaza Drive Suite 240 Sugar Land, Texas 77479 (281) 565 -5222 3. Completion and Delivery Schedule for Performance of Services and Deliverables The Services to be performed under this Work Order shall commence on or about February 11, 2009 and Is anticipated to finish on or about February 13, 2009. 4. Description of Services The following deliverables will be produced during this engagement: ic Requirement and Readiness Overview as ,:documented In the "REQUIREMENT AND PI.ANN (\ENGAGEMENT a Proposal for City of Corpus Christi" dated January 6, 2009 Ve.won.2oovawa9 Page 1 oft -51- ET'd ZstOL94694 tos auewadeuew anslenouuI dS0 =at 60 60 OA »f. Innovative Management Solutions, Inc. PROFESSIONAL SERVICES SUBCONTRACT AGREEMENT WORK ORDER NUMBER CCC Work Order 001_20090203 5. Consultant Level Requirements IMS will provide a Project Manager and Senior Project Management Consultant for this engagement. 6. Description of Deliverables Requirement and Readiness Overview: This document Is based on existing business Information, existing documentation, Interview findings, IMS Inc.'s proprietary project management maturity assessment methodology, and the team's professional analysis. The Overview may Include some or all of the following content as appropriate to address during interviews: Kickoff Meeting Implementation Strategy for Organizational Culture, Goals and Objectives Implementation Plan Schedule Technical Infrastructure Review and Recommendations Project Management Requirements Document 7. Compensation for the Services The consulting fee for the Needs Assessment Finding Report is a lump sum $12,000 (travel expense included). 8. PavmentSchedule/Terms IMS will invoice on a Eat-weekly basis. Payment terms are Net 30. THEREFORE, the parties have executed this Work Order In duplicate originals. Innovative Management Solutions, Inc. Sign, e: Signature: i4 Printed Name: Title: Vice- President of Client Solutions Title: Date: February 5. 2009 Date: City of Corpus Christi et •d —52- 29T0L9b69b log 3uewa2eueW antuenouul Page2of2 d90 :at 60 60 gad March 12th, 2009 lir INNOVATIVE CCC Work Order 001_20090206 MANAO®MONT SOLUTIONS Client Professional Services Subcontract Agreement Work Order . This Work Order is made pursuant to the Innovative Management Solutions, Inc. Client Subcontract Agreement named "CCC20090206" (the "Agreement") effective on March 12th, 2009, by and between Innovative Management Solutions Inc. ("IMS") and City of Corpus Christi ("Client ") and is Incorporated therein by reference. All Terms and Conditions of the Agreement apply. Additional terms and conditions will be stated, as applicable, In this work order. For additional detail please refer to the previously submitted document, primavera Proposal 03 -3 -09. City of Corous Christi EPM Proposal, 1. Work Order Number CCC Work Order 001-20090206 2. Work Locatlonfa)t Work will be performed at: On -site work will be performed at Client address: Department of Engineering Services City of Corpus Christi Corpus Christi, Texas 78469 -9277 And /Or Innovative Management Solutions, Inc. 7160 N Dallas Parkway Suite 320 Plano, Texas 75024 (469) 467 -9221 And/Or Innovative Management Solutions, Inc. 2277 Plaza Drive Suite 240 Sugar Land, Texas 77479 (281) 565 -5222 3. ComoletIon and Delivery Schedule for Performance of Services and Deliverables The Services to be performed under this Work Order shall commence on or about April 6th, 2009 and is antidpated to finish on or about May 29th, 2009. 4. Description of Services The following deliverables will be produced during this engagement: Primavera P6 implementation *See Prlmavera_ProposaL03 -3 -09, City of Corpus Christi EPM Proposal for additional detail* ` t% Version 20080129 Page 1 oft -53- Innovative Management Solutions, Inc. PROFESSIONAL SERVICES SUBCONTRACT AGREEMENT WORK ORDER NUMBER CCC Work Order 00120090206 5. Consultant Level Reaulrements IMS will provide a Technical Consultant and Senior Project Management Consultant for this engagement. See resource allocation In schedule for detail. 6. Desolation of Deliverables: Primavera P6 Implementation See PrimaverajroposaL03 -3 -09, City of Corpus Christi EPM Proposal for additional detail 7. Comaensatlon for the Services The consulting fee for the P6 Implementation Is $66,450. * IMS works on a time and material basis. Travel /Expense costs are included In the above cost * 8. pavmentSchedule /Terms IMS will Invoice on a bi- weekly basis. Payment terms are Net 30. THEREFORE, the parties have executed this Work Order In duplicate originals. Innovative Management Solutions, Inc. City of Corpus Christi Signature: Signature: Printed Name: Brent Langley Printed Name: Title: Vice- President of Client Solutions Title: Date: March 12.2009 Date: Page2 of2 —54— 1 fINNOVATIVE MANAUEM ®NT SOLUTIONS Innovative Management Solutions 7160 North Dallas Parkway Suite 320 Plano, TX 75024 Phone: 469 -467 -9221 Fax: 469- 467 -0162 ! A Proposal for The City of Corpus Christi January 6th, 2009 Pete Anaya, P.E. Asst. Director of Engineering Department of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 -9277 Dear Pete: It has been great meeting with you and your team over the past couple weeks and learning more about your organization. We understand that managing your CIP and Bond programs have been challenging in regards to your current internal processes and technical capabilities. We also recognize the specific issues you're facing with following: • Visibility • Project Execution • Process Improvement • Resource Management • Improved Communication • Improved Integration We're confident the effort involved in this proposed scope of work is a great fret step in the right direction. From our conversations, we've gained an understanding that managing your project schedule and costs effectively, and having the right information about your programs are important fundamentals to malting • vitIr team successful. •\ January 6,2009 Page, —56- 4I'el 2910L94994 IoS luawa9euew antlenouul dto :at 60 60 9ej A Proposal for The City of Corpus Christi To best architect a solution that besr meets The City of Corpus Christi's needs IMS recommends a Requirement and Planning engagement. Once we assess "your needs, IMS Can make a thorough implementation recommendation. This process allows us to approach implementation in the most efficient manner possible and deliver the best results to meet your tactical and strategic goals and objectives. We have created our proposal to address these specific requirements. As a result, we are confident that adopting it will help The City of Corpus Christi achieve the outcomes you are seelcing. an optimized project management solution platform to achieve your objectives. We believe Innovative Management Solutions is an excellent partner for The City of Corpus Christi. We are committed to providing expert guidance on all areas affecting program, project, and knowledge management facing your organization. Finally, we are a forward- looking firm that constantly seeks ideas, information, and tools to help our customers stay ahead. I will be contacting you soon to discuss this proposal in detail and to schedule the next steps. Sincerely, 1 `. J John &asuell, Major Accounts Manager January 6, 2009 ST'd -57- Z9TDL9ir69i tog q.uawa2euew anfenouuj Page 2 dL0rEI 60 60 clad A Proposal for The City of Corpus Cluisd REQUIREMENT AND PLANNING ENGAGEMENT A PROPOSAL FOR THE CITY OF CORPUS CHRISTI Presented to:. Pete Anays, P.B. Asst. Director of Engineering Department of Engineering Services City of Corpus Christi Presented by: leINNOVATIVE MAN.IU:a:Vt NTOLuvch:i January 6, 2009 January 6, 2009 —58- 29I0L9469f IoS auawa»eusW annenouul Page 3 deoszt 60 60 gad A Proposal for The City of Corpus Christi TABLE OF CONTENTS The Issues You Face 5 Creating an Infrastructure for Project Delivery 5 Conducting Customized Training and Coaching 6 Establishing a Business Partner 6 The Outcomes You Expect 6 The Beat PPM Tool Available 6 A Road Map to Success 6 RECOMMENDATIONS FOR THE CITY OF CORPUS CHRISTI 7 Requitement and Readiness Assessment Overview 7 Assessment Deliverables 8 THE CITY OF CORPUS CHRISTI'SINVESTMENT... 9 Step 1: Requirements and Readiness Assessment 9 ASSUMPTIONS LIST 10 General 10 WHY SELECT IMS, INC A Diverse Team of Industry Experts Depth of Resources Experience Counts 11 11 11 11 ABOUT IMS 12 What we do. 12 Why is IMS Different? 12 January 6,2009 Page 4 —59- a9tOL9i694 toS zuawaaeueW aniamnouuI d90 ;Zt 60 60 9x4 A Protium! for The City of Corpus Christi EXECUTIVE SUMMARY HOW THIS PROPOSAL CAN BENEFIT THE CITY OF CORPUS CHRISTI The City of Corpus Christi is most interested in a firm whose primary business concerns, professional qualifications, technical competence, and specialized experience indicate its ability and willingness to satisfactorily provide the software, installation, configuration, training, documentation, upgrades, maintenance setvices, warranties and integration - related costs and support services necessary to implement a Portfolio, Progtant, and Project Management Platform. Here's how this proposal meets those criteria. "IanovalinManagement Solutions not only employs talented, expeelenced people bit thy an a cvmpary of inkgtity and high ethical stamdatds. Simpyput, tiny will do whatever it takes to mambos" expectations and get the job done tight. 1 momenta IMS to anyone needing a solution formanagiwg projects orpeople better, /mpnrttg badnessAmasser, or saccnafelly in:gemenbng a software solution. MIS it truly in a world -class organization." - -Ryon Laughlin - Director Pruitt Management Techno logy - National Oilwell Vanes For a complete list customer testimonials please visit our website at http: / /www ims - web.com/ about -ims /client- tcatimonials.aspx The Issues You Face The City of Corpus Christi is charged with the challenge of planning and executing a large portfolio of projects as a direct result of Bond and CIP programs. The City of Corpus Christi is experiencing many issues around disparate systems and lack of standardization. You also recognize that a portfolio, program and project platform has the potential to provide you with the data necessary to communicate effectively. Having strategically partnered with hundreds of businesses during the laat 15 plus yeats, Innovative Management Solutions has the experience to help you balance the business issues identified below with The City of Corpus Christi's need to implement and integrate a Project and Portfolio Management (PPM) Platform and optimize current processes, governing policies, and culture. The following is a small sample list of these successes; Pantex, TOYOTA, Chickasaw Nation, Flintco Construction, Carter- Burgess, Jacobs, BP, Exxon Mobil, Texas Department of Transportation, Frisco ISD, National Oilwell Varco, Hanover, USACE, Las Vegas Monorail Co., Alyeska Pipeline & Service, BNSF, etc... For a full customer list please visit our website at http: / /www.itns- web.com /about - ims /diarts.arp,. Creating an Infrastructure for Project Delivery Inconsistent project delivery causes decreased customer satisfaction due to quality, delivery, and cost issues. A solution platform to manage the delivery of an organizations core products and services is critical to The City of Corpus Christi's business plan. January 6,2009 Page 5 at"! —60— 39T049.068.0 IDS ouawe2eueW enclenouut duo :Zt 60 60 gad ti. A Proposal for The City of Corpus Christi Conducting Customized Training and Coaching Understanding how your project personnel will provide the best return on investment to your organization is key to determining how to set your training application goals and objectives. The City of Corpus Christi must develop and execute a training plan to meet those objectives. Establishing a Business Partner A simple vendor relationship will not allow The City of Corpus Christi to optimize its new portfolio, program, and project management solution. The City of Corpus Christi requires a vendor who can be a trusted partner, in a long -term relationship and who can bring integrity, knowledge, best practices, and a unique relationship with the portfolio, program, and project management platform to assist with the success at The City of Corpus Christi. The Outcomes_ You Expect This recommendation will have the following positive effect on The City of Corpus Christi's operations, Getting the results you're looking for will help you achieve your strategic and tactical goals. Use the following factors to decide whether implementing this recommendation is a worthwhile investment. The Best PPM Tool Available IMS will recommend the best provider of project, portfolio and resource management software suited to your needs. This solution will provide best in class technology execution of your PMO policies and processes in Portfolio Management, Program Management, Project Management, Risk Management, Contract Management and Cost Management practices. A Road Map to Success A plan which can be executed for success will bring a reliable foundation for success to The City of Cotpus Christi. IMS will provide a plan to hnplement and configure a solid Project Management Platform to optimize the delivery of projects all based upon a solid proven methodology from IMS. (implementation Methodology white paper provided upon request). ST •d —61— 29T0L9t'694 Tog WeemaeueW aAflenouuI d60tai 60 60 qaA A Proposal for The City of Corpus Chdsd RECOMMENDATIONS FOR THE . CITY OF CORPUS CHRISTI IMS'S SOLUTIONS DESIGNED TO ADDRESS YOUR NEEDS The City of Corpus Christi is dealing with the issues discussed in the previous pages. IMS will manage the implementation process and guide you every step of the way to build a solid foundation fax successful projects. The first step is the Requirements and Readiness Assessment. These are IMS, Inc.'s recommendations for the delivery of a Requirements Readiness Assessment to meet your business needs. Requirement and Readiness Assessment Overview The primary purpose of the Readiness Assessment step is to form an understanding of the client's project management environment, processes, and business by assessing the client's state of readiness and documenting the functional requirements of the engineering project controls team. IMS has highly trained technical experts on staff to improve your understanding and provide support through a thorough requirements and readiness needs assessment. Our experts visit your site and review your data requirements, reporting mechanisms, project structures, hardware and systems configurations, existing processes, current practices and more. IMS will use existing documentation and the findings to shorten the overall duration of the Requirement and Readiness Assessment. Specifically, IMS will complete this task by interviewing city engineers, inspectors and other staff members of the engineering department. IMS will include consultants and contractors who do business with the city engineering department in these interviews. Once we assess your needs, we can determine which project management solutions will work best, and how to implement them in the most efficient manner possible with full consideration of your culture, policies, processes, and strategic and tactical goals for your department and The City of Corpus Christi. IMS will deliver a Needs Assessment Findings Report: This document is based on existing business information, existing documentation, interview findings, IMS proprietary project management maturity assessment methodology and software, and the team's professional analysis. The Findings Report may include some or all of the following content as is appropriate to address findings made during assessment interviews; Recommendations for Improvement • Process and Artifact Requirements o Reporting - Identification of which reports are needed for decision support, etc.) o Functional - Identification of which project management functionality is desired and when. o Process - The list of procedures necelary'to support the selected functionality. January 6, 2009 oa•d —62- Z9f0L9t'69r toS auawaIauew •nflVnouul dof:2t 60 60 clad A Proposal for The City of Corpus Christi • Organizational Change Requirements o Organization Chart and /or Staffing plan • Systems Requirements o Project Management System o Interfaces and integration • Roadmap (Project Implementation Plan) o Time phased, resource loaded implementation schedule Assessment Deliverables The assessment will provide the direct deliverables to aid The City of Corpus Christi in moving forward with the Design, Testing, and Deployment of a phased approach specifically designed to ensure success, Deliverables include but are not limited to: • Kick -Off Meeting o The Kick -off Meeting document is designed to plan for the implementation kick -off by establishing an agenda and documenting the resulting discussions, actions and next steps. • Implementation Strategy aligned to The City of Corpus Christi organizational culture and goals and objectives o The Implementation Strategy defines the implementation organizational structure and the implementation approach. The Implementation Strategy defines, at a high - level, the components that will be rolled -out and deployed. The Implementation Strategy will call out for either a single project or multiple projects, depending on the size and complexity of the implementation. Each project may be referred to as a "release ". A release is intended to define, design, test and package for deployment specific areas of the PPM tool, along with the associated processes, procedures and reporting mechanisms. The Implementation Strategy is defines how much of the PPM tool will be rolled out, to what groups of users, and when. • Implementation Plan Schedule with identified resources o The Implementation Plan serves as the project execution plan. The Implementation Plan outlines the roadmap for implementation by defining a risk management plan, change management plan, quality management plan, communication management plan, issues management plan, and the implementation project reporting requirements. • Technical Infrastructure Review and recommendations • Project Management Requirements Document o The Requirements Report is geliSefatpd from the Requirements Inventory Database. This database Slimed by the Consultant to January 6,2009 Page 8 —63- 29IOL9i69O Iog au•W9euVW •nT%enouul dIT:at 6o 6o q•d A Plopped for The City of Corpus Christi gather all of the requirements for the implementation, including PPM tool functionality /configuration settings, processes and procedures, and reports. The City of Corpus Christi's Investment COST PROPOSAL Step 1; Requirements and Readiness Assessment Perfommancc of a Requitement and Readiness Assessment for Tim City of Corpus Christi Engineering Controls 3 Days" 2 Senior Consultants TOTAL ■ Pic lit $12,000 *gamma are iael Doashmatk date. Estimate Geed upon ava lability of etalt osisling documentation, end current Ptgiat Management v tv January 6, 2009 22 •d —64— aet Dias; 696 tos tuatue9eueW antgenouul Page 9 dTT :2t 60 60 gad A Proposal for The City of Corpus Christi ASSUMPTIONS LIST_ General The City of Corpus Christi will sign off or reject (with explanations) all requited deliverables (See deliverables list) within 3 business days of receipt. The City of Corpus Christi will provide IMS sufficient access and information concerning required processes and facilities needed to complete this implementation. The City of Corpus Christi will provide adequate workspace (cubicles, conference room, training room, visual aids, etc.) to provide for a normal work environment. IMS will provide the city with workspace requirements at least 3 days prior to arrival. Senior management, Executives, Project Managers and other identified personnel will be available for project interactions. IMS assumes that a PMO (or PMO like organization) exists. Resources can work from where ever they can be productive including IMS offices, The City of Corpus Christi offices or other locations. IMS will utilize local resources for the execution of the proposed scope of services. In the event local resources are not available IMS reserves the right to engage resources which require travel to and from the work location. IMS will provide The City of Corpus Christi estimated travel expenses for approval and bill The City of Corpus Christi for reasonable and customary travel expenses at actual cost. IMS will obtain prior approval from the city before engaging with any outside resources which IMS intends to seek reimbursement or payment from the city in addition to the stated Cost Proposal. �1\ January 6, 2009 62 Page 10 -65- 39TOL9469t Tog quaasIeuew anTgenouuI d2T:21 60 6o clad i.. A Proposal for The City of Corpus Christ WHY SELECT IMS, INC.? UNIQUE VALUE FOR THE CITY OF CORPUS CHRISTI A Diverse Team of Industry Experts One of the di.fferentiators that make IMS better than our competitors is the team of experts we have assembled. Not only are our team members highly skilled, each of them offers unique and diverse skills that complement the others. Also, each recognizes the importance of the process - oriented methods necessary to ensure consistent quality. As it result, we offer unparalleled . diversity and depth of experience in developing solutions for The City of Corpus Christi Depth of Resources 1MS can access and leverage a broad spectrum of expertise, greater scope of services, and industry best practices. And because of our proven track record, we can customize your services, providing The City of Corpus Christi with the most comprehensive, cost - effective, and strategic solutions. Experience Counts IMS brings you a great deal of industry knowledge and experience because we've worked with all types and sizes of businesses. We understand that different industries have different needs, and the solution you need is not just another commodity for The City of Corpus Christi to purchase. Having access to the most effective strategies will enhance every area of your day -to- day business operations. IMS will match our considerable resources to meet your unique needs, and we will work with The City of Corpus Christi from the beginning to establish a plan to uncover and address ways in which our services can increase your productivity and ensure business continuity. )anuary 6, 2009 ..t Pagel t -66- 29t0L9469i iog quawaSeuew anlaenouuI dat :Et 60 60 clad A Proposal for The City of Corpus Christi ABOUT IMS CORPORATE HISTORY AND OVERVIEW What we do: IMS helps organizations increase their capability to manage their portfolio of projects. We assess the needs of the organization and develop feasible roadmap to success. Our solutions include one or more of the following components: Software Process Improvement Project Management Education & Product Training Staff Augmentation Technical Services For over 15 years IMS has been implementing scalable adoptable program and project management solutions. Headquartered in Piano, TX with a regional office in Sugar Land, TX, a suburb of Houston, IMS is a full- service project management solution provider. IMS has been successful in providing exceptional project management services to leading corporations around the country. Why is IMS Different? With IMS, you get experienced professionals who have successfully applied project management to a wide variety of industries. Our entire IMS Executive Management Team and most of our consulting staff are certified Project Management Professionals (PMP). We at IMS maintain that teamwork with our clients is an essential component in reaching our goals, as individuals and as a company. • January 6, 2009 Page l2 -67- Z91069b69b 109 auama2euew eAnenouui dct :at 6o 60 clej A Proposal for The City of Corpus Christi Authorized Representative (sign and print name) Title /Date Innovative Management Solutions, Inc. Authorized Representative (sign and print name) Title /Date The City of Corpus Christi For additional information of clarification about this package, please contact either: John Brasuell 469 - 467 -9221 - OFFICE jbrasucll@isns- wcb.cosn Brent Langley, PMP 469 -467 -9221 - OFFICE blangjey @ims- web.cosu January 6, 2009 Page 13 • —68- sa'd Z9TOL9t694 Tog zuewe2euCW anTaanouui d,TsaT 60 60 clad 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: Motion approving the purchase of consulting services from Citagus Software of Duluth, Georgia to implement the PeopleSoft Project Costing Module for a not to exceed amount of $106,080. ISSUE: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bay front Master Plan projects. Currently there is no centralized system to manage and track engineering project finances. Information is duplicated and is compiled from various sources making the management and tracking of Engineering project finances a manually intensive and inefficient process. BACKGROUND: Implementation of the PeopleSoft Project Costing module will provide a project centric view of the engineering project financials. It will eliminate the duplicative manual data entry processes; allow integration to the City's financial systems and Primavera the project management software. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: In March 1998, Council authorized purchase of PeopleSoft Financial Application which included the Project Costing module. FUNDING: The Engineering Department will fund $106,080.00 from its FY0809 budget for consulting services to implement the Project Costing module. CONCLUSION AND RECOMMENDATION: Staff recommen.s approval as presented. VIr Attachments: Citagus Statement of Work City and Citagus Contract is ael rmstrong MIS Director —71— CITAG Customer: Customer Address: Citagus: Effective Date: 1 Consulting Services Agreement City of Corpus Christi, Texas 1201 Leopard Street, Corpus Christi, Texas 78401 Attn: Director of Municipal Information Systems Citagus Software (USA), Inc., a Georgia corporation having a principal place of business at 3235 Satellite Blvd, Bldg 400, Ste 300 Duluth, Ga 30096. March 31, 2009 1. Services. Until this Agreement is terminated, Citagus shall provide Customer with consultation and software development services as specified in Statements of Services ( "SOW ") executed by both parties from time to time ("Services ") in the form of the attached Exhibit "A." Services will relate to Customer's implementation or use of the PeopleSoft software that Customer licenses from the software owner pursuant to a valid software license agreement ( "License Agreement "). Citagus will provide the Services on a non - exclusive basis and may therefore perform services for others. Citagus may subcontract with third parties to perform all or part of the Services, with Customer's prior written consent. 2. Fees, Expenses, and Payment. For all Services performed by Citagus, Customer shall: (i) pay Citagus at the rates set forth in each SOW, for the totals not to exceed amounts stated in the SOW; (ii) reimburse Citagus for all reasonable travel and living expenses incurred in connection with such Services where applicable as set forth in each SOW, and (iii) pay Citagus within 30 calendar days after the date of receipt of each invoice. All payments must be in U.S. dollars and are non - refundable. Customer is responsible for all taxes, duties, and customs fees concerning the Services performed, excluding taxes based on Citagus's income. All past due amounts will bear interest at the lesser of 1.5% per month or the highest interest rate allowable under applicable law. 3. Change Procedures. All changes to an SOW must be in writing and signed by both parties before becoming effective. At any time before completion of the Services, Customer may request changes to the scope of the Services (a "Change Request "). Requests must be in writing. Citagus will provide Customer with either a written change order in the form and substance attached as Exhibit "B" ( "Change Order ") or a request rejection. The Change Order will include Citagus's determination of the estimated differences in cost and time required to meet the Change Request. Upon receipt of a fully signed Change Order, Citagus shall promptly commence performance in accordance with the Change Order. Services may be suspended while a Change Request is outstanding. If there is any conflict among or between this Agreement, an SOW, and a Change Order, then documents will have control in the following order of preference: the Change Order, then the SOW, then this Agreement. 4. Consultant Planning. Customer may request the removal of any Citagus consultant at any time on 10 business days prior written notice to Citagus and shall pay Citagus for the consultant through the 10- day notice period. Citagus shall have the right to remove or replace an assigned consultant with another consultant at any time. Unless Citagus is removing the consultant for cause, Citagus will attempt to provide at least a 5 business day overlap for the existing and replacement consultant to work together for knowledge transfer purposes. Consultant will pay for both consultants during such transfer period. 5. Other Terms and Conditions. This Agreement contains additional terms, conditions, representations, and warranties, which appear on the following pages and are incorporated herein by reference. -72- 2 The parties have caused this Agreement to be signed by the undersigned duly authorized representatives as of the Effective Date. City of Corpus Christi Citagus Software (USA), Inc. By: By: fl , u As. Authorized Sig/Printed Name LAY Duffy Title a President North Amencan Operations Approved as to form: ° % Lisa Aguila Assistant • ° 4 Attorney For City Attomey -73- CITAG SOFTWARE CONSULTING SERVICES AGREEMENT (Additional Provisions) 1. Customer Obligations. Customer shall perform its obligations as set forth in the applicable SOW, as well as the following obligations (collectively referred to as "Customer Obligations "): (a) designate and provide for each SOW one Customer point -of- contact, who shall be responsible for responding to Citagus's questions and issues relating to the Services; (b) provide sufficient, qualified, knowledgeable personnel capable of: (i) performing Customer Obligations set forth in this Agreement and each SOW; (ii) making timely decisions necessary to move the Services forward; (iii) participating in the project and assisting Citagus in rendering the Services; and (iv) facilitating development, testing, and implementation of the PeopleSoft Software; (c) provide Citagus with reasonable access to Customer's facilities during Customer's normal business hours and otherwise as reasonably requested by Citagus in order to enable Citagus to perform the Services; (d) provide Citagus with such reasonable working space, equipment, and office support (digital or analog phone lines for long distance and local calls related to the provision of Services, and photocopying equipment), and an adequate environment for consultants where they can conduct efficient analytical work and meet with Customer personnel and other Citagus personnel as Citagus may reasonably request; and (e) perform such other duties and tasks as set forth in the applicable SOW to facilitate Citagus's and its subcontractors' performance of the Services set forth thereunder. 2. Citagus Obligations. Citagus shall perform or cause to be performed the Services. For each SOW, Citagus will designate one Citagus point -of- contact, who shall be responsible for responding to Customer's questions and issues relating to the Services. Citagus's ability to perform the Services or cause them to be performed is conditioned upon Customer's timely performance of the Customer Obligations and upon correctness of the assumptions described in the applicable SOW. Customer's performance of the Customer Obligations is material to Citagus's ability to provide the Services. If Customer does not perform the Customer Obligations in a timely manner, or if the applicable assumptions are incorrect, then Citagus may revise the applicable SOW, including the time and cost of performance. 3. Acceptance Testing. When Citagus provides a milestone or final software development to Customer, Customer shall have until 5 business days (or other time period provided for in a particular SOW, whichever is longer) after receipt in which to test the software and to provide Citagus with a written acceptance or rejection of the software. Written rejections must specify the reasons for the rejection to provide Citagus the necessary information to correct the software. Citagus may suspend provision of Services until receiving either a written rejection or acceptance. Customer will not deploy any software provided under the Services until providing Citagus with a final written acceptance. 4. Termination. Either party may terminate this Agreement (which terminates all SOWs), or any SOW, for any or no reason upon 30 days prior notice to the other party. If Customer fails to pay Citagus in accordance with this Agreement, without cause, then (a) Citagus may suspend any and all Services Customer Initials: Citagus Initials: orlQ —74— MM 13. 3009 Page 3 COTI tG under this Agreement, with or without notice, for so long as Customer fails to pay Citagus, and (b) Citagus may terminate this Agreement, or any SOW, by giving Customer notice of default, in which case the applicable Agreement or SOW, as the case may be, shall terminate at 5 p.m. on the 5th calendar day following notice unless Customer cures the breach beforehand. Regardless of how this Agreement is terminated, (i) Customer must pay Citagus all fees due under this Agreement for services provided by Citgaus within 30 days of receipt of invoice after the effective date of such termination; and (ii) to defray any additional expenses that Citagus may incur regarding its consultants, Citagus reserves the right to invoice Customer for up to 10 business days of consulting services per Citagus consultant that was assigned to Customer's project(s). 5. Ownership. (a) Deliverables. Upon completion of the Services for a particular SOW, Citagus will provide Customer with one copy of all notebooks, data, information, and other material acquired, compiled, or created by Citagus regarding the Services, including source code, object code, and technical documentation, if applicable. (b)Ownership. Full and exclusive rights and ownership in everything developed as part of the Services, including Work Product, and in any and all related letters patent, trademarks, copyrights, trade secrets, Confidential Information, and any other proprietary rights that Citagus possesses or is entitled to shall vest in Citagus at all times. "Work Product" means any expression of Citagus's findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know -how, designs, programs, enhancements, source and object code, software, and other technical information. Customer agrees to comply with all PeopleSoft licensing intellectual property provisions contained within its licensing agreement with PeopleSoft. (c)City may distribute any deliverables or work product to third party as deemed necessary by City for City business purposes. (d) City has irrevocable unlimited perpetual license to use the deliverables and work product provided under the SOW. 6. Insurance. The parties shall each maintain general liability insurance and, to the extent required by applicable law, worker's compensation insurance. Citagus shall maintain at all times the insurance in the attached Certificate of Insurance, which has been assigned to the Customer for the term of the contract. Additionally, Citagus will provide the applicable Texas Worker's Comp Insurance for any and all onsite consultants, to be added to our policy upon commencement of onsite work in Texas. All insurance policies required to be carried hereunder shall, to the extent obtainable, have attached thereto an endorsement that the same shall not be cancelable or changed without at least thirty (30) days' prior written notice to all named insureds. Customer shall from time to time furnish to Citagus certified duplicate policies of all insurance required to be maintained pursuant to this section. However, City may self insure for some or all of these requirements. Customer Initials: Citagus Initials: —75— Maid, 13, 2009 Page 4 CRAW 7. Confidential Information. During the course of the parties' relationship, they may each have access to Confidential Information of the other. The term "Confidential Information" means all information or material that gives the party some competitive business advantage or the opportunity of obtaining such advantage or the disclosure of which could be detrimental to party, but shall exclude anything designated as not confidential. Citagus's Confidential Information includes this Agreement, any SOW, and the terms, conditions, and pricing contained in any SOW. During the term of this Agreement and for 2 years thereafter, each party will maintain the secrecy of the other party's Confidential Information, will not use it except in connection with the Services, and will not disclose it to anyone outside Customer or Citagus or to anyone within Customer or Citagus who does not have a need to know it to perform under this Agreement. "Confidential Information" shall not include any information that (a) was in the possession of or was rightfully known by the recipient without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; or (d) was required to be disclosed by applicable law, provided that recipient notifies the discloser of such requirement before disclosure. 8. Non - Piracy. During the term of this Agreement and for a period of I year thereafter, neither party will directly or indirectly attempt to cause or otherwise encourage any employee of the other party to leave such party's employ. 9. Limited Warranty. CITAGUS WARRANTS THAT THE SERVICES WILL BE PERFORMED CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS. NO SPECIFIC RESULT FROM PROVISION OF THE SERVICES IS ASSURED OR GUARANTIED. CITAGUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER ACCEPTS THE SERVICES (AND ALL WORK PRODUCT THEREUND) ON AN AS -IS, WHERE -IS BASIS. IF CUSTOMER WAIVES ACCEPTANCE TESTING AND SIGN -OFF FOR ANY SERVICES PROVIDED, THEN CITAGUS SHALL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF SUCH SOFTWARE NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY. 10. Remedies. Customer's sole remedy and Citagus's sole obligation in the event of a breach of the above warranty is, at Citagus's sole option and discretion: (i) for Citagus to reperform the Services, or (ii) for Citagus to refund the amounts paid by Customer for the Services that were not as warranted. To avail itself of these remedies, Citagus must receive notice from Customer within forty -five (45) days after the completion of the Services that Customer alleges were not performed consistent with the warranty, which notice must specify the details of the warranty breach as well as specify that no other changes have been made to the PeopleSoft software or any integrated software, including but not limited to PeopleSoft patches and updates. Any such changes would nullify such warranty and subsequent claim. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CITAGUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CITAGUS'S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY Customer Initials: Citagus Initials: ocE -76- Much ,l. MD9 Page 5 CITA,GU CONNECTED WITH THE RELATIONSHIP OF THE PARTIES, THIS AGREEMENT, ITS NEGOTIATION OR TERMINATION, OR THE PROVISION OR NONPROVISION OF SERVICES OR SOFTWARE (WHETHER IN CONTRACT OR TORT) SHALL IN NO EVENT EXCEED THE AMOUNT OF CUSTOMER'S ACTUAL DAMAGES CAUSED BY ACT OR OMISSION OF CITAGUS. IN THE EVENT OF SUCH CLAIM, CUSTOMER MUST PROVIDE SUFFICIENT PROOF TO CITAGUS OF ACTUAL COST COMPONENTS 12. Relationship. Citagus is and shall at all times be an independent contractor and shall not be deemed an employee or agent of Customer. Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership, joint venture, or agency relationship between the parties. 13. Notice. All notices must be in writing and must be sent by certified mail, overnight mail, courier, or delivered personally to the addresses indicated on the first page of this Agreement, or such other address as either party may indicate by at least ten (10) business days prior written notice to the other party, to be effective. Notices made pursuant to this Section shall be effective on the date shown on the receipt evidencing delivery, or if there is no receipt or if delivery is refused, then delivery shall be deemed given on the third business day following the date notice was sent. 14. Survival. The terms of Sections 5 (Ownership), 7 (Confidential Information), 8 (Non- Piracy), 9 (Limted Warranty), 10 (Remedies), 11 (Limitation of Liability), 13 (Notice), 14 (Survival), and 15 (Miscellaneous) shall survive the termination of this Agreement. 15. Miscellaneous. This Agreement is made in and shall be governed by the laws of the State of TEXAS without regard to its conflicts of law principles. The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. No purchase order or other ordering document that purports to amend or add to this Agreement or any SOW thereto shall amend or add to the terms of this Agreement or of such SOW. All such proposed variations or additions shall be of no effect unless otherwise agreed to in writing by both parties. Except for Customer's obligation to pay Citagus and to pay taxes, duties, and customs fees in relation to the Services, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable, this Agreement shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. This Agreement, including any SOW, is a separate and independent contractual obligation from the License Agreement. Any conflict between the terms of this Agreement and the License Agreement shall be consoled by this Agreement. This Agreement in combination with each SOW individually comprises a separate and independent contractual obligation from any other SOW. Except as provided in this Agreement, a party's breach under one SOW will not be considered a breach under any other SOW. Except for actions for non - payment or breach of Citagus's proprietary rights in the Work Product, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. This Agreement, including any and all SOWs, constitutes the entire agreement between the parties conceming the subject matter contained herein. This Agreement replaces and supersedes any prior oral or written understandings, proposals, quotations, communications, and representations between the parties relating to the subject matter hereof. The preamble and recitals to this Agreement form a substantive part of the Agreement. This Agreement may be amended only by a written document executed by a duly authorized representative of each party. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. Customer Initials:n Citagus Initials: __ -77- Match 99.2009 Page 6 r. CITAGUS1 [Remainder of Page Intentionally Left Blank.] Customer Initials: Citagus Initials: J -78- March 13, 2009 Page 7 CITAG Exhibit A City of Corpus Christi /Citagus Statement of Work SOW #X DATE The described services in this Statement of Work are subject to the provisions of the existing Consulting Services Agreement between the City of Corpus Christi (the City) and Citagus Software (USA), Inc. ( "Chagos") dated March 13, 2009. The term of this SOW is defined under the Fees and Term section below. Summary Description of Services: Scope: Network access • The City will provide all necessary db and application access to Citagus via secured VPN access. • Citagus will only use approved, granted City network access to complete the specific work assigned and will respect the security rules of the access granted at all times. Fees and Term of SOW #1 • The hourly rates for this work are as follows: o Onsite Resource - o Technical Developers off-shore • Rate is all inclusive of travel and living expenses for the onsite resource. • Duration is expected to be "X" onsite or offshore specified • Payment is expected within 30 days of invoicing which is done every two weeks Contacts: City of Corpus Christi Contact: WHO do you want your contact to be? Phone: Email: Citagus Contact: Lynn Duffy Phone: 404-226-6225 Email: lynn_duffy @citagus.com Customer Initials: Citagus Initials: A), -79- March 13, 2009 Page 8 CITAGU Signatures: AGREED: AGREED: Citagu Software (USA), Inc City of Corpus Christi r- ( ig ure) /Oa (Signature) Lynn uffy (Name) (Name) Vice President, Operations (Title) (Title) / (Date) (Date) Customer Initials: Citagus Initials: oc [Y —80— Much 13.2U9 Page 9 CTAGUScHI People Soft Project Costing and Electronic PO and Invoice Workflow Implementation Quote Prepared for: City of Corpus Christi Feb 20, 2009 Lynn Duffy I Mobile: 404-226-6225 Cttiqus Sons...-uL (LISA) Inc n.11 Snirc- GA CRAG EXECUTIVE OVERVIEW AND INTRODUCTION TO CITAGUS 4 Our Service Offerings 4 Citagus Team 5 QUOTES' 9 RESOURCE AVAILABILITY' 10 EXPERTISE OF THE ASSIGNED RESOURCES: 10 REFERENCES: 11 REFERENCES, CONTINUED: 12 APPENDIX A: SAMPLE RESUMES 13 APPENDIX B: CORPORATE RESUME 14 e, r m r urd;dl I l mon,d[ =ih d.doc I Corpus Chris Feb 2009 rlvp ui.ttie vuner con l nl Lit uci S,fit an it Gayathri Reddy Municipal Information Systems City of Corpus Cristi Corpus Christi, Texas Dear Gayathri; Citagus Software (USA), Inc is pleased to submit this proposal to assist the City of Corpus Christi with its People Soft Project Costing and Electronic PO and Invoice Workflow Implementation. Citagus is a leading provider of PeopleSoft Consulting Services and we believe that this proposal demonstrates that leadership position. We fully understand that this project is both critical and strategic to the City. We understand the importance of selecting the right partner who can increase your likelihood of success - we hope you will agree that Citagus is that partner. Every member of our team is committed to making this effort the most successful information technology initiative that the City of Corpus Christi has ever undertaken. We are confident that, when all issues are considered, our unparalleled commitment to your success will argue persuasively for our selection. With an experienced staff, an approach based on a proven methodology, competitive pricing, and demonstrated success in critical PeopleSoft projects, Citagus is ready and eager to work closely with you. Our consulting philosophy and practice emphasize - teamwork, flexibility, quality, client service, and knowledge transfer. Our size and flexibility allow us to collaborate with our customers easily to execute the most creative and innovative implementation model that will work the best for your Team. Our team of experienced professionals possesses a strong background in project planning for PeopleSoft engagements, as well as the ability to draw upon the specialized experience of our PeopleSoft resources. This team understands the issues, processes, procedures and methodologies required to successfully implement PeopleSoft and take organizations through significant subsequent change. We recognize the importance of this project and we look forward to partnering with you. We hope that after further review, you will join the numerous other clients who have chosen Citagus as their solutions provider. Gayathri, we want to work with you and will be flexible in both model and pricing if need be - so please do let us know if you have any constraints that would require us to modify the quotes or process. We look forward to your favorable response. Sincerely, Lynn Duffy Vice President - North America Operations Citagus Sofware (USA) Inc. Mobile: 404 - 226 -6225 3235 Satellite Boulevard Building 400, Suite 300 Duluth, GA 30096, USA. IvnrLduffv@citarius.com Pa u Cpnvaa <r m xi Corpus Christi RFQ Feb 2009 [61 . anm,,'nt.triett mal anlrs... itbo il4h Etrcr,oncunu CRAG Citagus Software (USA) Inc. ( "Citagus ") is pleased to offer its services for the Project Costing and Electronic PO and Invoice Workflow Implementation for the City of Corpus Christi. Citagus Software (USA) Inc. is a privately held company headquartered in Bangalore, India, with its US Headquarters in Duluth, Georgia. Citagus is a leading -edge IT solutions and Services Company established with a specific mission of providing comprehensive, best in class solutions around PeopleSoft. Citagus brings together the best Technology and Domain expertise in PeopleSoft to offer full spectrum of services ranging from Implementation, Business Consulting to Support, Maintenance and Managed Operations. As a PeopleSoft only solution provider, Citagus possesses the knowledge, experience and capabilities to manage all of the intricacies of implementing, upgrading, customizing and integrating PeopleSoft applications. Citagus consultants possess the kind of insight and skills that can only be gained from performing all types of PeopleSoft implementations and upgrades. The details of Citagus corporate information are included in section 1. This response is based on the information provided by the City of Corpus Christi in the SOW attached to the RFQ. Citagus understanding of the current initiative This implementation for the City of Corpus Christi includes the Project Costing, Electronic PO and Invoice Workflow products and processes as defined in the SOW provided. Citagus Execution Model Citagus will use its proprietary implementation methodology for the project. The details of the project methodology and various deliverables are found on Pages 7/8. Citagus will provide these services through a combination of both onsite and offsite resources with expert PeopleSoft consultants who mostly came from PeopleSoft Development and Consulting. This team will be supported by quality processes, a well defined communication plan for complete visibility as well as a change control mechanism, configuration management and an escalation path for handling any issues or necessary contingency plans. Our Service Offerings We provide services during all the phases of implementation life cycle starting from evaluation of requirements to implementation and post - implementation support for your PeopleSoft systems. We offer multiple project execution models to best suit your requirement. The company's comprehensive portfolio of services include • PeopleSoft Consulting and Implementation Services • Customer specific Customization and Development • Application Support and Maintenance Pane 4 'sfinfiat�n �i il mi: -,P istir It on6fri }i Corpus- Christi RFQ Feb 2009 We I feh Gonse'nt d CRAG • Upgrade Services • Integration with Oracle Application Suite or other third party products. • Migration to Oracle or other Enterprise Solutions • Technology and Infrastructure Services • Application Hosting • Product Training • Project Management • Professional Services Product Expertise • Financials • Human Capital • CRM `~• Supply Chain \ • EPM Process /Technology Consulting • Requirement and Cap Analysis • Implementation Consulting Bvsness Optimization Bug Fixing Support for Day toDAY functions • MLMenance for all PeopleSoft releases Requirement Analysis Design and Construction Testing Implementation and Support Support for Al versions • Extensive Expertise In Upgrades Minimum Downtime Citagus offers a most unique PeopleSoft solution set among PeopleSoft services vendors; while one could argue that others offer the breadth of services that Citagus does, Citagus has top- notched consultants many of them ex- PeopleSoft employees having deep insights into the core product and real life business experiences. Citagus is also the only service provider offering niche services in PeopleSoft using the onsite - offshore Global Delivery Model. As we do nothing else, we achieve high economies of scale in our recruitment, training and deployment processes, resulting in overhead per employee of about 70% of industry average. We pass on these savings to our customers. Citagus Team Citagus consists of some of the top Specialized PeopleSoft Product Architects. Our members were senior PeopleSoft Product Specialists and key early members in Design and Development of PeopleSoft Products. These consultants have been responsible for running the maintenance and support services of PeopleSoft for many years, and consequently possess vast experience around and key insights into the business processes of large corporations. More specifically, the Citagus team is fortunate to include some of the world's best Experts in the Financials, ESA, HCM and CRM product lines. - Paoe:5 Corpus Christi RFQ =Feb 2009 1115 P •61 cnun5ar d:`il•ir hrt .n(. i is ic,[J,e'f,/,i naI_>3115 l tei,l CITAG Currently, our team is comprised of 200+ highly motivated professionals having over 800 person years of industry experience. Citagus resources have been handpicked from top consulting companies, as well as PeopleSoft itself. They have worked in different areas including Implementation, Support, Maintenance, Upgrade, etc. on different products including FMS, ESA, HCM, SCM, CRM, and EPM. Techno Functional 30% Technical Functional 58% 12% 100% of our resources have previous PeopleSoft experience and most of our consultants are certified in PeopleTools by PeopleSoft. The skill sets of these people vary depending on their experience in relevant areas. The skill sets of the entire organization can be classified into: • PeopleSoft Functional Consultants • PeopleSoft Technical Consultants • Data Warehousing Experts • PeopleSoft Database and Application Administrators • Project and Program Manager Conclusion The Citagus model and methodologies are geared to ensure that the City achieves the highest value at the lowest cost. Our PeopleSoft experience, mature delivery model, clear understanding of the City's requirements and technical competencies make Citagus the ideal partner for this strategic initiative. Corpus Christi RFQ Feb 2009 m lthKuitther. cJTAG P op?OitiStf.f Gifu"p e'mv6ii;atbn Meit[ o d pew = A list of development activities • A list of configuration items ▪ Sign off on the scope document = A list of gap items i.e. customizations = System performance evaluation strategy = Publish Assess book Structure (Assess Ge Design ) = Fully System and regression Testing • Signoff by the stakeholder (UAT) • A Cutover plan • End User Training Construct Solution Design Build Acceptance Criteria - Technical Design Documents - Development environment ready with required bundles of updates and fixes = Development and unit testing for - Open enrollment processes - Customizations - Reports & interfaces Transition Deploy Go -Live & Support Provide Go -Live Support Final Documentation 1. Strategy & Planning (Structure): In this phase Citagus will deploy resources onsite who will work in collaboration with the Customer team. The resources responsibility would be to define overall strategy, finalizing the approach to the suggested solution, define the re- configuration of the tables, customizations, integration, and reports, interfaces and data conversion. Any gaps that may exist between the 'Out of the Box' module and the business requirement will also be defined and documented. Denverables - > Project Charter > Project Plan > A Iist of development activities > A list of configuration items S. Sign off on the scope document ➢ A list of gap items i.e. customizations > Product Fitment Report 2. Construction - Design: During this phase, the approved development items such as reports, interfaces, customizations and data conversion will be designed, documented, reviewed and approved. The Sr. Consultant, Functional & Technical Consultant will develop a design for each work unit that meets the project requirements. During this phase - Patches & fixes team will apply all the required bundles to get the development environment up to date. Corpus Christi RFQ Feb 2009 ' CITAG D,=iivra1_,es - ➢ UAT Acceptance Criteria ➢ Test Plans ➢ Technical Design Documents ➢ Development environment ready with required bundles of updates and fixes 3. Construction - Development: During this segment, any agreed upon reports, queries, customizations, interfaces, and conversion programs will be developed and unit tested. Deliverables - ➢ Development and unit testing of all open enrollment processes, customizations, reports, interfaces, and conversion programs identified as in scope 4. Transition - During this phase the team will deliver a working and tested solution. Complete system and regression testing will be done to ensure that all related processes are executed as per plan. Key users will test Solution Design setups and all customizations and interfaces. The result of this segment is a fully functional and approved business solution. A cutover strategy and contingency plan will be defined. Deliverables - ➢ Fully System and regression Tested and Approved Solution (processes, reports, queries, integration and customizations) ➢ Signoff by the stakeholder (UAT) ➢ Training Plan /Execution ➢ A Cutover plan ➢ Contingency plan 5. Deploy - System will go live during this phase. Citagus will provide post production support for 4 weeks post go -live. Corpus Christi RFQ Feb 2009 �a, :Feiro u<i¢,� niiC b� mnfI is Uh ii5 rt gal narn tit n htt ne [t CITAG 1. Project Costing Implementation (based on SOW details): $86,560 with total Implementation time 14 weeks plus 4 weeks of Post Production support Rrestsurce Load Rates are all inclusive of Travel and Expense 2. Electronic PO and Invoice Workflow Implementation (based on SOW details): $16,000.00 (please note that this price could be further reduced by doing 3 weeks of technical work off -site - since total is only 5 weeks and there will need to be user interaction, we have quoted it all on -site below) Resource %':i'6.Clis1 Used for Functional /Tech Onsite Lead 80 /hr 200 3. Block of 160 hours to develop PC reports in nVision and SQR: $3,520.00 Resource Loading Used for Quote: "Resources Technical Consultant Offsite ;Rates 22 /hr Total, Flours: 160 Please note that this option assumes that the report requirements are already documented and technically spec'd - this is for pure development of the reports. If the requirements have not already been documented, we would need to add a few days of on -site presence to do so, prior to development. U'Fj n k�iit csa Arlin - -Corpus Christi -RFQ Feb 2009 Ina . 11_ � . tr [lhiS'. r r mr eeiil )l Cu-i CITAG ,: 00NC5C9 r. Resources will be made available within 2 weeks of contract signing. There will be no change in resource composition for the duration of the project. It should be noted that two of our founders and Delivery Execs, Raam Ramachandran and Mohan Munirathinam were the Senior Architects and Developers of the Product Development Group at PeopleSoft. Raam was responsible for the entire suite of ESA products, of which Project Costing is a part. Mohan "owned" the Financial Product Design and Development, which includes AP/PO and much of the associated workflow. Both Raam and Mohan know these products and processes extremely well because they designed and wrote much of it themselves! Additionally, both managers brought several of the team members with them to Citagus, so the entire team is extremely expert on these products. All assigned resources also have the unique experience of being both part of product development as well as having provided consulting services on these products and processes. Some examples of functionality developed by this team are Project Security, Accounts Payable to Project Costing Interface, Microsoft Project integration, Transactions Adjustment, Analytics of Project Budget, Project and Activity Team, and Currency conversion. We also have a few accelerators that we have developed and are built as bolt -on components to Project Costing. Examples are: The ability to see the budgets and actuals across budget items while creating new budget revision (forecast) and a report pack that we provide as an extension to the delivered product. As you can see, you will not find any other firm with such deep knowledge and expertise of these products. Pac„ 11 Corpus Christi -RFQ. Feb. 2009 ;.. �itic ro li If PP, Ft el Lilt oocur Pncto. .. nal' �aii[ euen lRou eI, uin�ent of C tal sSo( C1TAG kci.,:trences: Rornpany Name Headquarters Address Comsat Name Title and Position ' Project ?I:Description _ BEA Systems (now Oracle) n'S7--7-nRr7rnt.'-ar'orW9. Type of Business a Software Solutions San Jose, Ca John Wiegand fjohn.wiegand@oracle.com] Phtine Project Manager 408-839-4953 Migrated BEA from PeopleSoft ESA to a new solution. Global Invoice Development per country, ELM Development ?:-C.ompany Na- me - -Headquarters 'Address Contact Name Title and Position SkillSoft, Inc Tytie ottuTs'iness Laar *SanLnsa---,1J eLearning company Nashua, NH r--Proaect C-bescriptron_. Pam Macdonald (pmacdonald@skillsoft.com) Project Manager 'Contact -PhOrtes! pNumber _ - 603-566-3033 Support and customize all Financial and ESA products rasa n; ; [eb 2009 • CdTAG ccntinued: -Company Name HeToocam Add,c- - CifiliCt Ndirri I Me and Position 1 Fromm, Desmapom Modus - Implement. T UST Global Type of BusThss rj Information Technology and BPO UST Global #721, Nila, Technopark Trivandrum - 695 581 India Murali Gopalan (murali.goplan@ust-global.com) Senior Vice President I-,ContacThone - FhLutinbe r 91-44-42270000 Financials, ESA and HCM Implementation, Production Support for Financials and ESA modules. PeopleSoft Financials - General Ledger, Accounts Payable, Accounts Receivable, Asset Management, Purchasing PeopleSoft ESA - Contracts, Billing, Project Costing, Resource Management, Travel & Expenses PeopleSoft HCM - Workforce Administration Company Name 1GATE Global Solutions Limited ;type of Busines I Information Technology and BPO Headquarlers Add N s- iGATE Global Solutions Ltd. 158-162(P) & 165(P)-170(P), EPIP Phase II, Whitefield Bangalore - 560 066, India Contact. Name Amit Goyal (amit.goyal@igate.com) Title and IM-) tion Head of IT .-. '.i :Contact Phone , ...! 91-80-51140000 Oumber Project Description Financials, ESA and HRMS module implementations, Enhancements and Support, Financials Upgrade, SOX implementation, Custom Invoices Development Modules Implemented PeopleSoft Financials - General Ledger, Accounts Payable, Accounts Receivable, Asset Management PeopleSoft ESA - Contracts, Billing, Project Costing, Travel & Expenses PeopleSoft HCM - Workforce Administration • 1 Corpus Christi R[Q • .• P3Cly 2 , ' • ' • ' ,rocianw:-.1kt, itt•Ilin(c•-patnn cnns'obtfbn'i a - -•!-'rottwAleifb1S-, C TAG Please find Resumes attached. It is important to note that every effort will be made to have these specific resources available for the project; however, depending on how long it takes the City to make a decision, some adjustments may be required. Resources with comparable skills and experience levels will be provided should this happen. Regardless of any other changes that need to be made, Raam Ramachandran will be the Delivery Manager for the project, at no additional charge to the City, and once the resources are assigned, there will be no changes through -out the project. Resources: Raam Ramachandran and Mohan Munirathinam — Delivery Managers /QA — no additional charge to customer Raam Mohan_Munirathinam Ananth Babu jigando_Balan_sep_O Ravichandan Ranachandran.doc .doc Chilalrala Current Feb 8. doc Kurrar.doc Corpus Christi RFQ Feb 2009. .i ,i_r -rcae�u CITAG S9 ick,I;e12 LOi[ 'L .(;)Jg Ikt.zati.litfl(i.;a Please find Corporate Resume for Citagus below: Citagus Corporate Resurre. doc rag.] Corpus Christi R[Q Feb 2009 '1:1;r1 11.1 r-t3 is 1 ! 1 11 11 .R Ictinr, dr ,.(1]. tirri ,/ahtit 1]lhdlI th Iittlr]llfl 011t i-rtatnis Sutty,ati_ IINAI - -- . CITAG City of Corpus Christi /Citagus Statement of Work SOW #1 March 15, 2009 The described services in this Statement of Work are subject to the provisions of the existing Consulting Services Agreement between the City of Corpus Christi (the City) and Citagus Software (USA), Inc. ( "Citagus ") dated March 31, 2009. The term of this SOW is defined under the Fees and Term section below. Summary Description of Services: Citagus will provide the PeopleSoft services as described in the attached and incorporated SOW provided by the City and as described in the attached and incorporated Citagus response, (icons at bottom of this document). Scope: Citagus will provide Implementation services for the Project Costing Module, Workflow and Reports as described in the attached SOW provided by the City (icon at bottom of this document). Network Access • The City will provide all necessary database and application access to Citagus via secured VPN access. • Citagus will only use approved, granted City network access to complete the specific work assigned and will respect the security rules of the access granted at all times. Fees and Term of SOW #1 • The Fixed Fee for this SOW is as follows: o Project Costing Implementation: fixed and not to exceed without written consent of City $86,560.00 (onsite and off -site) o Electronic PO and Workflow: fixed and not to exceed without written consent from City ($16,000.00 (onsite) o Reports Development, assuming that these requirements are already documented: fixed and not to exceed without written consent of City $3,520.00 • TOTAL FOR THE SCOPE DEFINED: fixed and not to exceed without written consent of City $106,080 • Note that should work be completed earlier than anticipated, the fixed fees agreed to above will still be paid since Citagus may utilize additional resources from time to time to accelerate project timelines • Rate is all inclusive of travel and living expenses for the onsite resource • Duration is expected to be up to 19 weeks onsite with an additional 4 weeks post production support offshore. - Customer Initials: —95— COTAG • Payment is expected within 30 days of invoicing which is done monthly according to hours actually worked. • Deliverables as per RFQ attached • Timesheets will be provided weekly with details of work performed • No changes may be made to fees without written consent of City Assumptions: • Citagus' estimates are based on the SOW provided by the City of Corpus Christi attached to this SOW. Deviations that arise during the project discussions will be managed via a "change control" mechanism, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time and materials basis using Citagus' standard rates in effect for any resulting additional work or waiting time • The following productivity tools will be used for this project: • MS Project • MS Office • MS Visio • Customer will provide dedicated space and facilities (e.g., desks, phones, hardware, software, LAN access, laser printers, and fax) for the project team for the duration of the project • Customer should provide a desktop to the Citagus consultant for performing work responsibilities or allow the Citagus consultant to use his/her laptop with connection to Customer network. • Customer will provide the team with key information regarding the current business environment, IT environment and application architecture • Customer will make relevant documentation, analyses and other information available to the project team in a timely manner as required • The City should provide the following: • A Project Manager or Coordinator from the customer side who will be the single point of contact for Citagus and who will be responsible for obtaining all approvals, arranging Steering Committee Meetings and other meetings with business process owners • VPN connection for Citagus resources working from offsite • Local Copy of Software and Database to be used to minimize the downtime in case there are issues with VPN connectivity • Project Management and Steering Committee guidance in support of scope, issue, and resource management ▪ A list of user champions for the processes, who will represent the user community. There could be more than one champion for a process based on the business functions. All of them should to be identified before the Structure phase of the project begins • Business process knowledge to implement, review the processes and test results, facilitate development of business scenarios, and assess training content • Functional knowledge on relevant system to be interfaced with, if any Customer Initials: -96- CITAG Contacts: • Citagus will not be held responsible for project delays due to issues that are not in Citagus' control including facility and infrastructure issues, unavailability of software and hardware, software licensing issues, unavailability of required customer personnel, data quality, lack of responsiveness on the part of the City personnel, etc. If the go -live date is postponed due to any such reason beyond 30 calendar days, Citagus may charge the City on a Time & Material for all additional effort • Citagus may use proprietary tools to perform Citagus responsibilities in this Statement of Work, which will remain the property of Citagus City of Corpus Christi Contact: Gayathri Rheddy Phone: 361- 826 -3757 Email: Gayathri @cctexas.com Citagus Contact: Lynn Duffy Phone: 404-226-6225 Email: lynn_duffy @citagus.com Signatures: AGREED: Citagus Software (USA), Inc AGREED: City of Corpus Christi (Sig ure k� (Signature) Lyn uffv (Name) (Name) Vice President Operations (Title) (Title) ;-)/ ie / Dy (Date) (Date) SOW -PC-WF Corpus Christi RFQ implementation Response Feb 09 FIN Customer Initials: if City of Corpus Christi Statement of Work Statement of Work for Consulting Services People Soft Project Costing and Electronic PO and Invoice Workflow Iinpiernentation Introduction The purpose of this Statement of Work is to detail the tasks and responsibilities of the contracted vendor by the City of Corpus Christi, Texas (hereinafter referred to as "City ") to implement the People Soft Financials Project Costing module, and electronic workflow for engineering purchase orders and invoices. Environment The City of Corpus Christi currently has implemented, and has been using, the People Soft Financials 8.8 application. The following modules are currently in use by the City. - General Ledger - Accounts Payable - Commitment Control - Inventory - Purchasing Module with P.O. workflow (does not include Engineering Department PO's) The City also uses People Soft Human Resources 8.8 and Enterprise Performance Management 9.0. Background The City is implementing the Project Costing module to track Capital Improvement projects managed by the Engineering department. The Project Costing module will provide the city with a project- centric view of project financial information. Currently, project information must be compiled from the fund -based information in the Commitment Control and General Ledger modules. The current primary reporting tools are nVision, Queries, and custom reports, and spreadsheets. Engineering uses a customized Paradox -based application to collect and report the majority of its financial information. Purchasing, Accounts Payable, and Labor Reimbursement data is re- entered into the related People Soft modules. Implementation of the Project Costing module will replace the current Paradox - based financial functions and will eliminate the related duplicative manual data entry processes. The City currently uses only one GL business Unit in People Soft Financials. At any point in time the city has 65 -70 projects active. Around 40 new projects started each year. Page 1 of 7 PeopleSoft Project Costing and Workflow SOW -98- City of Corpus Christi Statement of Work In the future, Project Costing may be integrated with Primavera, this needs to be kept in mind to determine WBS and their configuration of the Project Costing Chart fields. Scope The scope of this statement of work is to perform the following tasks: 1. The consultant(s) shall implement People Soft Project Costing Module. 2. The consultant shall deliver reports related to Project Costs as assigned by the City. 3. The consultant(s) shall implement the engineering purchase order and invoice electronic workflow based on the requirements described later in the document. 4. The consultant shall provide an alternate solution, such as: a workaround, business process change or a customization, if People Soft does not meet the business requirement. The People Soft Project costing to Asset management integration and the Engineering employee time reimbursement process is not in the scope of this project. Deliverables 1. A project work plan shall be delivered and followed. 2. a. The PeopleSoft Project Costing module configured, with data loaded based on the requirements will be implemented in the production system. The implementation will be first done in a test environment, upon verification and testing by City resources the implementation will be moved to the production system. b. Document with configuration and technical implementation details of the Project Costing module. 3. a. SQR and nVision reports related to Project costs as required by the City. b. Document with technical details of the reports delivered. 4. a. The purchase order and invoice electronic approval and workflow process configured and implemented in the production system based on the requirements. The implementation will be first done in a test environment, upon verification and testing by City resources the implementation will be moved to the production system. b. Document with configuration and technical implementation details of the Purchase Order and Invoice workflow. Page 2 d 7 PeopleSoft Project Costing and Workflow SOW -99- City of Corpus Christi Statement of Work High Level Requirements The high level requirements of the implementation described below: 1. Project Costing Implementation requirements: a. Configure Project Costing Module to setup multiple projects across multiple years, configure the correct Work Break Down structure with activity id and possible use of Source, category and subcategory. b. Provide the ability to setup budgets and multiple funding sources for multiple Capital projects across multiple fiscal years. c. Provide the ability to track status, collect commitment and cost information for the life of a project. d. Security setup and configuration e. Convert Project ID's and associated GL -level data to view and track in the project costing module for active projects. f. Provide the ability to integrate the project module with Accounts Payables, General Ledger, and Commitment Control to budget check against project budgets prior to payments. Provide detailed and summary reporting of project budget, cost and vendor information. g. 2. Automate electronic approval and workflow functionality for the engineering purchase orders, PO Change Orders, and AP invoices. Detail Requirements 1.1 Project Setup: 1.1a— Provide the ability to set up a long -term Master Project with several sub projects 1.1b — Provide the ability to set up Projects with several phases at the Activity level 1.1c — Configure the module to use the correct chart field Structure (WBS) with Activity ID is required, and the possible use of' Source, Category and Sub - Category. In the future, Project Costing may be integrated with Primavera, this needs to be kept in mind to determine WBS and their configuration of the Project Costing Chart fields. Currently the City is using the Project ID chart field which needs to be considered during setup. Page 3 of 7 PeopleSoft Project Costing and Workflow SOW —100— City of Corpus Christi Statement of Work 1.1d — Provide the ability to track budgets and costs across multiple funds 1.1e — Provide the ability to track budgets and costs across multiple years 1.2 Project Budgeting and Funding: 1.2a — Provide the ability to load budgets at the master project at the activity level. I.2b — Provide the ability to load budgets at the sub project(s) at the activity level. 1.2c — Provide the ability to load budgets at the phase(s) at the Activity level. 1.2d —Provide the ability to load budgets using multiple funding sources (grants, Operating Funds, Bond Proceeds, etc.) 1.2e — Provide the ability to load budgets using multiple years for a single project(s) 1.2f— Provide the ability to load budgets using multiple phase(s) 1.2g — Provide the ability to load budgets using the entire master project 1.2h — Provide the ability to set up budgets for overhead allocations 1.2i - Provide the ability for only authorized user to change original budgets 1.2j — Provide the ability to track and manage original and adjusted budget to cost at any level 1.3 Project Tracking: 1.3a —Provide the ability to allocate indirect costs to projects at the Activity level 1.3b — Provide the ability to distribute costs tied to various funding sources 1.3c — Provide the ability to analyze and track various types of project costs 1.3d — Provide the ability to capture time and materials costs prior to funding sources being identified for a project 1.3e — Provide the ability to track original budget to project costs 1.3f— Provide the ability to perform checks against project budgets prior to payments, commitment Control for Project Costing. 1.3g — Provide the ability to view and report at any point in time the budget, expenses, encumbered and expended for a project. At any point in time they need to know the "Remaining Spending Authority" and what the costs are with any asset or group of assets. 1.3h- Provide the ability to view and report at any point in time the money encumbered and expended for a project and by fund 1.3i — Provide the ability to track and report the retain age payable for a project. 1.3j — Provide the ability to close projects 1.3k — Provide the ability to enter the acceptance date by customer 1.31 — Provide the ability to set change order threshold ceiling at 25% of Project Award 1.3m — Provide the ability to issue change orders for another project using 25% capacity of another project award 1.3n — Provide the ability to track all change orders/ amendments by vendor, contract, and project Page 4 of 7 PeopleSoft Project Costing and Workflow SOW -101- City of Corpus Christi 1.4 Reporting: Reports will be defined and assigned as required by the City. 1.5 Security: Statement of Work 1.5a — Provide multiple levels of secured access and prevent unauthorized users from modifying projects once approved 1.5b — Provide the ability to restrict unauthorized users from modifying funding sources in projects 1.5c - Provide the ability to restrict unauthorized users from modifying budgets in projects 1.5d — Provide the ability to restrict unauthorized users from modifying costs in projects 1.5e — Provide the ability to restrict unauthorized users from modifying hours in projects 1.5f— Provide the ability to allow authorized users to inquire and run reports on projects 1.5g — Provide the ability to allow authorized users to inquire and run queries on projects 1.6 Integration: 1.6a — Provide the ability to integrate the project module with the PeopleSoft General Ledger 1.6b — Provide the ability to roll encumbrances PO'S from one fiscal year to the next 1.6c - Provide the ability to integrate the project module with the Commitment Control to budget check against project budgets prior to payments 1.6d — Provide the ability to integrate the project module with the PeopleSoft purchase order module to display the approved purchase orders and the amount of money encumbered 1.6e - Provide the ability to integrate the project module with the PeopleSoft AP module to display the vouchers and amounts expended 1.7 Project Data Conversion: 1.7a - Baseline data for active projects should be loaded from either the existing Paradox database or other data sources to the Projects module. Convert only "open" projects as part of the implementation. 1.7b - The users would access the current PeopleSoft GL systems for detailed historical data for converted projects, and would access the PeopleSoft Project Costing module for all subsequent transactions. 1.7c - The balance- forward entries would provide comprehensive data for the Project going forward. Page 5 of 7 PeopleSoft Project Costing and Workflow SOW -102- City of Corpus Christi Statement of Work 2. P.O. and Invoice Electronic Workflow and Approval: 2.1 P.0 Approval process 2.1 a — Provide the ability for electronic approval and workflow process to authorize engineering Purchase Orders. (Refer to Diagram A below) 2.1b — Provide the ability for three levels of approval for Purchase orders >_ $X.X. The assigned approver from engineering department will approve, then assigned budget personnel based on chart fields(fund #) will approve. The third approver - if the P.O. amount is being encumbered from an operating fund then the assigned person for the fund will approve the P.O. If the P.O. amount is encumbered from a bond fund then the assigned person will be notified. 2.1 c — Anytime a P.O. is denied the previous approvers and initiator will be notified. 2.1 d — The ability to recycle a P.O. for additional information should be provided. 2.1 e- Provide the ability for two level of approvals for PO between x and x dollars. Engineering and budget department will approve PO and the assigned personnel for the funds on the PO will be notified. 2.1 f- PO less than $xx will be automatically approved. 2.2 g- Change orders to PO's should go through approval process based on the dollar amount changes. 2. 2.2 a — Provide the ability for electronic approval and workflow process to authorize engineering Invoices. (Refer to Diagram.A below) 2.2 b — Provide the ability for two levels of approval for Invoices >_ $X.X. The assigned approver from engineering department will approve, then assigned budget personnel based on chart fields(fund #) will approve. 2.2c — Anytime a Invoice. is denied the previous approvers and initiator will be notified. 2.2 d — The ability to recycle a Invoice. for additional information should be provided. 2.2 e- Invoices Less than $xx will be automatically approved. Page 6 of 7 PeopleSoft Project Costing and Workflow SOW -103- City of Corpus Christi Diagram A: Statement of Work Automated Elect App 4 Process Engr enters AEO (PO) to PS-P0 Engr enters rcpt AP creates Vtlrr Over Ex Leas than Ex Between Ex and Sx Less than Ex >Sx No - Notify Automatically aPProve No - Notify Page 7 of 7 PeopleSoft Project Costing and Workflow SOW -104- 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/14/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $20,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct a two -week occupant protection enforcement effort during the Memorial Day Holiday, May 18 — May 31, 2009. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1,100 safety belt citations and 100 child safety seat citations and in tum increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2008 CIOY campaign; the State safety belt use average was 91 % with the City of Corpus Christi at 91.1 %. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, and 2008. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT Contract —107— M. J Walsh Acting Chief of Police Texas Traffic Safety eGrants Fiscal Year 2009 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2009 - CorpusPD -CIOT -00064 Period: 05/01/2009 to 09/30/2009 -108- City of Corpus Christi Project Title Project Description General Information STEP - Click It Or Ticket To increase occupant restraint use in all passenger vehicles and trucks byconducting an intense occupant protection enforcement and public informationand education effort during the Memorial Day Holiday period. How many years has your organization received This will be our fifth or more year. funding for this project? 2009 -C o r p u s P D -C I OT -00064 Printed_On #12612009 City of Corpus Christi County Served Counties Selected: Nueces County - Corpus Christi District 2009 - CorpusPD -CIOT -00064 Printec_QT03/26 /2009 City of Corpus Christi Political District Served Selected Political Districts Served U.S. Congress Congressional District 15 Congressional District 27 Texas Senate Texas Senate District 20 Texas Senate District 21 Texas Senate District 27 Texas House Texas House of Representatives District 32 Texas House of Representatives District 33 Texas House of Representatives District 34 Texas House of Representatives District 43 2009 - CorpusPD -CIOT -00064 Printed Dm ?/26/2009 City of Corpus Christi Goals And Strategies Goal: To increase effective enforcement and adjudication of traffic safety - related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. X I agree to the above goals and strategies. 2009 - CorpusPD -CIOT -00064 Printed- Qn:I26 /2009 City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type of citations /arrests to be issued under this STEP Mobilization a. Safety belt citations b. Child Safety Seat citations 2. Total Number of Enforcement Hours 1100 100 408 Step Indicator 4.41 3. Increase the safety belt usage rate among drivers and front seat passengers, 204 between pre & post survey results, by at least the following percentage points 2009 - CorpusPD -CIOT -00064 Printed Dpi §L26/2009 City of Corpus Christi PI &E Objective /Performance Measure 1. Complete administrative and general grant requirements a. Number of Performance Reports to be submitted b. Number of Requests for Reimbursement to be submitted 2. Support Grant efforts with a public information and education (PI &E) program a. Conduct a minimum of one (1) presentations b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news releases, and interviews) c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) d. Produce the following number of public information and education materials (NOT Applicable) e. Distribute the following number of public information and education materials (if applicable) 1 1 1 2 1 0 600 2009- CorpusPD -CIOT -00054 Printed 943/27/2009 City of Corpus Christi Budget Category Category I - Labor Costs (100) Salaries (200) Fringe Benefits Category I Sub -Total Category II - Other Direct Costs (300) Travel$19,705.44 (400) Equipment (500) Supplies (600) Contractual Services (700) Other Miscellaneous Category II Sub -Total Total Direct Costs Category III - Indirect Costs (800) Indirect Cost Rate Summary Total Labor Costs Total Direct Costs Total Indirect Costs Grand Total Fund Sources (Percent Share) Budget Summary TxDOT $15,990.78 $3,714.66 $19,705.44 $294.56 $294.56 $20,000.00 Match $0 $0 $0 Total $15,990.78 $3,714.66 $19,705.44 $0 $294.56 $o $0 $0 $0 $0 $294.56 $0 $20,000.00 $19,705.44 $0 $294.56 $0 $20,000.00 $0 100.00% 0.00% $0 $19,705.44 $294.56 $20,000.00 2009 - CorpusPD -CIOT -00064 PrintedSirj: 51126 /2009 City of Corpus Christi CIOT Operational Plan X I agree to the following Comments: Site Description Pre Surveys Pre -Media Efforts Before Enforcement period "Enforcement Period (Minimum # of enforcement days: 4) (day or nighttime)" Post Surveys Post -Media Efforts After Enforcement period Reporting Period Pre - Surveys Pre -Media Campaign Occupant Protection Jurisdiction Wide May 12 - 14, 2009 May 15 - 17, 2009 May 18 - 31, 2009 June 1 - 3, 2009 June 4 - 6, 2009 June 7- 202009 Description of Activities Prior to conducting any wave enforcement activity, agencies must conduct pre - observational surveys to establish safety belt usage rates. The cities of Houston, Dallas, San Antonio, Austin, El Paso, Fort Worth, Arlington, Corpus Christi, Lubbock and Garland will have their surveys conducted by the Texas Transportation Institute (TTI). All other agencies must conduct their own pre - observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Worksheet and Tools" link. Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced. Enforcement Intensify enforcement through an overtime STEP that places primary Period emphasis on increasing the number of citations for non -use of occupant restraints during the peak holiday traffic. Conduct post - observational surveys to determine safety belt usage. Post - surveys Measure the impact of the media /enforcement effort. The cities of Houston, Dallas, San Antonio, Austin, El Paso, Fort Worth, Arlington, 2009 - CorpusPD -CIOT -00064 Printed-C:11:63/26 /2009 City of Corpus Christi Corpus Christi, Lubbock and Garland will have their surveys conducted by the Texas Transportation Institute (TTI). All other agencies must conduct their own post - observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Worksheet and Tools" link. Post -media Conduct local media events to tell the public why the safety belt laws Campaign are important and the results of the wave. Reporting Agencies will submit a performance report for the CIOT enforcement Period period (May 18 - 31, 2009) during this time period Note The Survey and Media dates above are to be used as a guide. Late grant execution may result in a subgrantee conducting pre -survey and pre -media activities at a later date. These activities must occur prior to enforcement activities beginning. The Post -media Campaign may begin immediately after the post observational surveys are conducted. 2009 - CorpusPD -CIOT -00064 Printed-Ott 73126/2009 City of Corpus Christi TEEN Operational Plan X Not Applicable (if your agency is not participating in the teen project) I agree to the following (Required, if your agency is selected to participate in the teen project) Comments: Site Description Enforcement Period (Minimum # of enforcement days: 4) Reporting Period Enforcement Period Reporting Period Occupant Protection Jurisdiction Wide May 11 - 17, 2009 May 18 - 20, 2009 Description of Activities Agencies selected to participate in the TEEN Safety Belt Demo project will intensify safety belt enforcement through overtime STEP in areas highly frequented by teens (Age 16 - 20) Agencies will submit a performance report for the Teen Safety Belt enforcement period (May 11 - 17, 2009) which includes the number of seat belt citations written to teens ages 16 -20 during this time period. 2009 - CorpusPD -CIOT -00064 Printed-411:83126 /2009 City of Corpus Christi City of Corpus Christi 2009 - CorpusPD -CIOT -00064 Printed On: 3/26/2009 2009 - CorpusPD -CIOT -00064 Printed On: 3/26/2009 —1 1 9— ORDINANCE APPROPRIATING $20,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 is appropriated from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of April, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form March 25, 2009 T. R'rish Ong Assistant City Attorney For City Attorney —120— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi 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 —121— 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4/14/2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas Department of Public Safety, Govemor's Division of Emergency Management, in the amount of' $13,040.00, for hazardous materials emergency preparedness planning activities, in the no. 1062 Fire Grants Fund. B. Ordinance appropriating $13,040.00 from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise and activities, with a cash or soft match of $3,260.00; and declaring an emergency. ISSUE: Nueces County is a highly industrialized community with a high risk for emergencies involving hazardous materials. Nueces County has major hazardous material highway transportation routes (i.e. IH -37; US77; etc.), major railways (TexMex and Union Pacific), over 10 major petroleum /chemical plants, a military base, and the 7th largest port in the U.S. In 2006, over 300 facilities reported using, storing, or manufacturing a hazardous substance or extremely hazardous substance. Over 90 percent of the County's 317,000 people live within 10 miles of a "high risk" area. The grant will allow the LEPC to conduct a Spring Public Awareness Campaign on Hazardous Materials Emergencies. The campaign will begin with the distribution of 89,000 brochures as an insert in the City of Corpus Christi Utility bill. In addition, 25,000 book - covers with the Personal Safety Plan message will be distributed to selected Nueces County schools. A functional or full -scale exercise is also planned to test the emergency operations plans of both urban and rural emergency response agencies. A pipeline safety brochure will be updated and 5,000 copies will be printed for distribution. REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: On November 11, 2008 Council approval a resolution authorizing the City Manager, or his designee, to submit a grant application to the Texas Department of Public Safety Division for Hazardous Materials Emergency Preparedness Planning. CONCLUSION AND RECOMMENDATION Staff recommends approving the ordinance to appropriate a grant in the amount of $13,040.00 received from the Texas Department of Public Safety Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning. Richard Hooks Fire Chief/LEPC Chairman Attachments: 1. Resolution and Ordinance 2. Award Letter 3. Contract C: \Documents and Settings \RickR \My Documents \LEPC \Grant o9\Agenda Grant Acceptance 2009.doc —125— BACKGROUND INFORMATION The Local Emergency Planning Committee (LEPC) has approved the grant from the Texas Department of Public Safety and has also approved the expenditure of funds for the match requirement. C:\Documents and Settings\RickR \My Documents \LEPC \Grant o9\Agenda Grant Acceptance 2009.doc —126-- GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY Governor Mailing Address: Contact Numbers: Physical Address: PO Box 4087 512 -424 -2138 Duty Hours 5805 N. Lamar Blvd. Austin, Texas 78773-0220 512- 424 -2277 Non -Duty Hours Austin, Texas 78752 512-424-2444 Fax March 4, 2009 Mr. Rick Ramos The City of Corpus Christi/Nueces County LEPC 2406 Leopard ST. Suite 300 Corpus Christi, Texas 78408 Dear Mr. Ramos: STEVEN McCRAW Directer Ofrce of Homeland Security JACK COLLEY Chief I am pleased to inform you that your Hazardous Materials Emergency Preparedness planning grant application to conduct a community education outreach project and a full scale hazardous material drill has been approved by the State Emergency Response Commission (SERC) for an award of $13,040.00. This grant has been awarded based on the City of Corpus Christi/Nueces County LEPC application submitted on November 19, 2007. The SERC has determined that this grant award is tendered to your jurisdiction until March 18, 2009. All three copies of the grant contract must be signed by your fiscal agent and two signed copies returned to the Governor's Division of Emergency Management, no later then 5:00 p.m. on March 18, 2009. You should submit bills for reimbursement of authorized expenditures as outlined in paragraph 6B of the Agreement or as they are incurred along with supporting documentation such as cancelled checks and /or receipts. All projects must be completed by August 31, 2009. If you have any questions, please contact me at (512) 424 -5985. Sincerely, Don Hall Program Manager Enclosure: Contract #09- DEM- LEPC -1 (3 originals) -127- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, IN THE AMOUNT OF $13,040.00 FOR HAZARDOUS MATERIALS AND EMERGENCY PREPAREDNESS PLANNING ACTIVITIES, IN THE NO. 1062 FIRE GRANTS FUND. 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 accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $13,040.00 for hazardous materials and emergency preparedness planning activities, in the No. 1062 Fire Grants Fund. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management. ATTEST: Armando Chapa City Secretary APPROVED: March 5, 2009 By: T. YrishtDang Assistant City Attorney For City Attorney —128— THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2009 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 —129— 2 ORDINANCE APPROPRIATING $13,040.00 FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT PROGRAM IN THE NO. 1062 FIRE GRANTS FUND FOR PUBLIC AWARENESS BROCHURES, SCHOOL BOOK COVERS, PRODUCTION AND BROADCAST OF PUBLIC SERVICE ANNOUNCEMENTS, AND TO CONDUCT AN EMERGENCY RESPONSE EXERCISE AND ACTIVITIES, WITH A CASH OR SOFT MATCH OF $3,260.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,040.00 is appropriated from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise and activities, with a cash or soft match of $3,260.00; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of March, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form March 5, 2009 T. Tri ng Assistant City Attorney For City Attorney —130— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi 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 —131— STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) PLANNING GRANT PARTIES — Ocfghta, — Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418.043 and 418.044 and /or § 791.011, this agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Governor's Division of Emergency Management, hereinafter called the "STATE," and The City of Corpus Christi hereinafter referred to as the "GRANTEE," serving as a fiscal agent for the City of Corpus Christi /Nueces County Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this agreement. AGREEMENT NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The GRANTEE agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the GRANTEE compensation for these services as set out in this agreement. All services performed under this agreement shall be performed under the supervision of the Chief, Governor's Division' of Emergency Management (GDEM), represented by the HazMat Preparedness Officer as the STATE project officer. 1. CONTRACT PERIOD This agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2009 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE GRANTEE The GRANTEE shall: A. Complete the following project: —132— Contract Number 09- DEM -LEPC -001 Page 2 of 9 Educate the general public on potential risks and hazards associated with the transportation, storage and use of hazardous materials. The proper actions to take in the event of a hazardous chemical accident or release and to conduct a full scale hazardous material drill. B. Provide the STATE the following deliverables: 1) Progress reports and financial reports as outlined in Section 6 below. 2) Final project report and final financial report as outlined in Section 6 below. 3) A copy of all deliverables (i.e. public education /outreach products, materials printed under this agreement, pictures of items that are too large /bulky to be mailed). 4) A copy of any contract between GRANTEE and any vendor for products or services related to the project as stated in Section 2A above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the GRANTEE in the form of guidance so the GRANTEE can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. e . -.. .1 1 the sub'ect of this grant is: Sixteen thousand three hundred dollars ($16,300.00) B. The maximum amount payable by the STATE under this agreement is: Thirteen thousand forty dollars ($13,040.00) C. The GRANTEE shall provide a match that equals or exceeds: Three thousand two hundred sixtv dollars ($3,260.00) D. Reimbursement will be processed through the Texas Department of Public Safety as authorized by the General Appropriation Act. 80th Legislature, Article V. E. The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the GRANTEE's documentation for reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee, exclusive of Federal Funds and twenty percent (20 %) cost match for this grant, for developing, improving, and implementing emergency plans under Emergency Preparedness and Community Right -to -Know Act (EPCRA) will be maintained at a level that does not fall below the average level of such expenditures for the 2 fiscal years prior to this grant project. Contract Number 09- DEM -LEPC -001 —133— Page 3 of 9 G. To receive reimbursement for allowable cost, the GRANTEE must: 1) Submit quarterly financial reports with the following attached: (a) Valid invoices or receipts (b) Canceled checks or other proof of payment for each expense 2) Proof of LEPC match for the quarter (a) Match must be used directly in connection with the approved activities. (b) Match must be non - Federal funds or a match in -kind (soft funds). (c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice Chair sign certifying the soft match. (d) The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. 1 Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a govemment employee while attending training classes or involved in program activities. H. Private contributions such as corporate contributions of facilities or services such as free classroom space. Hi. Voluntary contributions such as firefighter support, emergency personnel support, and the time of any Local Emergency Planning Committee (LEPC) member. iv. Equipment or facilities used for exercises, whether public or private. v. Facility space necessary to conduct activities for the grant program. vi. University students volunteering time to aid in collection of data H. Final payment may be withheld until all deliverables, paid for under this agreement, have been received by GDEM. I. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. 5. INITIATION OF PROJECT WORK The GRANTEE shall not begin the work outlined herein until final execution of this agreement by the STATE. —134— Contract Number 09- DEM -LEPC -001 Page 4 of 9 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The GRANTEE shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the GRANTEE. B. The GRANTEE's project officer shall render required reports to the STATE's project officer, including: 1) Two progress reports in the format outlined in Attachment 3 to this agreement. 2) Two financial reports, in the format outlined in Attachment 4 to this agreement with all required supporting documentation. 3) A final project report, which shall summarize the work performed on the project and accomplishments. 4) A final financial report and all remaining invoices for reimbursement, supported by appropriate documentation of expenses, including any remaining LEPC match. 5) A copy of all deliverables derived from this agreement. 6) Progress /Financial /Final Report Schedule: (a) First Report (January — March) Due to the STATE by 30th of April. (b) Second Report (April — June) Due to the STATE by 3016 of July. (c) Final Report Due by the 30th of September (See B3 & B4 above.) Progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, with original signature, along with all supporting documentation, must be sent by mail or courier. 7. TERMINATION A. This agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the GRANTEE as consequence of the GRANTEE's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the GRANTEE as determined in good faith and reasonable business judgment by the STATE. 3) By the STATE for reasons of it's own and not subject to the mutual consent of the GRANTEE upon not less than ten (10) days written notice to the GRANTEE. 4) By satisfactory completion of all services and obligations described herein. —135— Contract Number 09- DEM -LEPC -001 Page 5 of 9 B. Should the STATE terminate this agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the GRANTEE. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE under this agreement. 8. DISPUTES The GRANTEE shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the GRANTEE in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non - procurement issues shall be settled at the sole discretion of the Governor's Division of Emergency Management (GDEM). 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the GRANTEE or of any person employed by the GRANTEE. The GRANTEE shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the GRANTEE, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The GRANTEE shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement. 11. ASSURANCES The GRANTEE assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §_ 14 (Attached as "Attachment 2 "). —136— Contract Number 09- DEM -LEPC -001 Puge 6 of 9 12. AUDIT REQUIREMENTS The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§ 7500 et seq. (Supp.1999) (Public Law 104 -156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The GRANTEE agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A — E and Attachments 1 and 2. 15. DEBARMENT AND SUSPENSION The GRANTEE must obtain from its third -party contractors, subcontractors and sub GRANTEE'S the certification required by 49 CFR Part 29. 16. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The GRANTEE acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to U.S. Department of Transportation (DOT) in connection with this program, DOT has the right to pursue and impose on the GRANTEE civil and criminal penalties. 17. PROVISIONS AND AMENDMENTS The GRANTEE agrees that it and its contractors, sub - contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR 110, and any amendment to this agreement. 18. OTHER The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness and Community Right -to -Know Act (EPCRA): A. Have a current chemical emergency response plan. 1) Plan is reviewed and updated (if needed) at least annually and 2) Plan includes the following: a. Identify affected facilities and transportation routes, b. Describe emergency notification and response procedures, c. Designate community and facility emergency coordinators, d. Describe methods to determine the occurrence and extent of a release e. Identify available response equipment and personnel f. Outline evacuation plans, g. Describe training and practice programs and schedules, Contract Number 09- DEM -LEPC -001 -137— h. Contain methods and schedules for exercising the plan B. Have an active LEPC whose membership includes (at a minimum): 1) Elected state and local officials 2) Police, fire, civil defense, and public health professionals 3) Environment, transportation, and hospital officials 4) Facility representatives 5) Representatives from community groups and the media -138- Page7of9 Contract Number 09- DEM -LEPC -001 19. PROJECT OFFICERS The project officers for this agreement are: A. For the STATE: Name: Don Hall HazMat Preparedness Officer Technological Hazards Unit Governor's Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773 -0225 Telephone: (512) 424 -2197 Fax: (512) 424 -5647 E -mail: don.hall @txdps.state.tx.us B. For the GRANTEE: Name: Mr. Rick Ramos The City of Corpus Christi /Nueces County LEPC Address: 2406 Leopard St. Suite 300 Corpus Christi, Texas 78408 Telephone: (361) 826 -3938 Fax: (361) 826-8053 E -mail: rickr @cctexas.com -139- Page 8 of 9 Contract Number 09- DEM -LEPC -001 Page 9 of 9 20. SIGNATORY AUTHORITY The undersigned signatory for GRANTEE hereby represents and warrants that he /she is an officer of the organization for which he /she has executed this agreement, and that he /she has executed this agreement, and that he /she has full and complete authority to enter into this agreement on behalf of the GRANTEE. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE FOR THE GRANTEE Governor's Division of Emergency Management City of Corpus Christi Na = -n Name of Jurisdiction BY: Authorized Signature rinted Name Printed Name Approved as to Funding Date: Title Date (Authorized Signature) Chief of Finance, Texas Department of Public Sa y 00 astoto Ai of le. (/Ar n kabl For`cny nuo �y t3101 —140— Contract Number 09- DEM -LEPC -001 Page Al of A3 APPENDEX A COMBINED ASSURANCES Grantees should refer to the regulations cited below to determine the certification to which they are required to attest. Grantees should also review the instructions for certification included before completing this form. Signatures of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions for Drug -Free Workplace (Grants)." The certifications shall be treated as material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the Grantee certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110 — B. The Grantee certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; —141— Contract Number 09- DEM -LEPC -001 Page A2 of A3 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three -year period preceding this agreement had one or more public transaction (Federal, State, or local) terminated for cause or default; and C. Where the Grantee is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. 3. DRUG -FREE WORKPLACE As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 — A. The Grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug -free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the address provided in the agreement instructions. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: —142— Contract Number 09- DEM -LEPC -001 B. 1) Taking appropriate personnel action against such an termination, consistent with the requirements of the amended; or 2) rehabilitation program loapproved for clsuch purposes by anFederal, S abuse assistance tate, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Page A3 of A3 employee, up to and including Rehabilitation Act of 1973, as PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code) T-075 at'slyv et."s 7;4a5 1 I6 ' (City, County, State, Zip Code) LIOG po frit,1./ Cv'tgn ?co (Street Address) As the duly authorized representative of the grantee, I hereby certify that the grantee will comply with the above certifications. City of Corpus Christi /Nueces County LEPC (Name of LEPC Grant Recipient) (Signature of Authorized Official) 1chr4v,& Iiaotxi /Ef rAA ;^'1evs0r4 (Printed Name and Title of Authorized Official) -fL- `r (Date) —1 4 3— Contract Number 09- DEM -LEPC -001 Page B1 of B2 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The City of Corpus Christi /Nueces County LEPC (Grant Recipient) (hereinafter referred to as the "Recipient ") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation through the Governor's Division of Emergency Management it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall , on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation through the Governor's Division of Emergency Management, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurance with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to "facility ") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -4 and Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix C of this assurance in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. —144- Contract Number 09- DEM -LEPC -001 Page B2 of B2 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipients. City of Corpus Christi /Nueces County LEPC (Name of LEPC Grant Recipient) (Signature of Authorized Official) g ICJ Ali I -IooKs LEI (4,4- v/O)^se,0 (Printed Name and Title of Authorized Official) -145- 3 -/L -c1 (Date) Contract Number 09- DEM -LEPC -001 Page C1 of C2 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work preformed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State/Territory/Native American Tribe of Texas or the Pipeline and Hazardous Materials Safety Administration (PHMSA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to fumish this information the contractor shall so certify to the City of Corpus Christi /Nueces County LEPC or the Pipeline and Hazardous Materials Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the City of Corpus Christi /Nueces County LEPC shall impose contract sanctions as it or the Pipeline and Hazardous Materials Safety Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies; and /or (b) Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, -146- Contract Number 09- DEM -LEPC -001 Page C2 of C2 unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurements as the State of Texas or the Pipeline and Hazardous Materials Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the City of Corpus Christi /Nueces County LEPC and, in addition the contractor may request the United States to enter into such litigation to protect the interest of the United States. City of Corpus Christi /Nueces County LEPC R i ch 4'4. 406 es ZEk CAai&ir f-w5 c of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) —147— 3 -12-- 0I (Date) Contract Number 09- DEM -LEPC -001 Page D1 of D2 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the City of Corpus Christi /Nueces County LEPC . The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his /her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of the above non discrimination covenants City of Corpus Christi /Nueces County LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, City of Corpus Christi /Nueces County LEPC shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of City of Corpus Christi /Nueces County LEPC and it's assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by City of Corpus Christi /Nueces County LEPC. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his /her personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land "] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in Contract Number 09- DEM -LEPC -001 —148— Page D2 of D2 the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected 'to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, City of Corpus Christi /Nueces County LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess aid land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, City of Corpus Christi /Nueces County LEPC have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. City of Corpus Christi /Nueces County LEPC R, tj,vd H-66 Ks, ChA+r / el5o tl (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) 4td-- 3- IL -rJi (Signature of Authorized Official) (Date) -149- Contract Number 09- DEM -LEPC -001 Page El of E3 APPENDIX E ASSURANCES - NON- CONSTRUCTION PROGRAMS NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. As the duly authorized representative of the GRANTEE, I certify that the GRANTEE: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§ §1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a —150— Contract Number 09- DEM -LEPC -001 Page E2 of E3 result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally - assisted construction sub - agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Govemments, and Non - Profit Organizations? -151— Contract Number 09- DEM -LEPC -001 Page E3 of E3 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. City of Corpus Christi /Nueces County LEPC i chAr l lime( 14z%1ot (hh,a Y /oYSot) (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) 341—ef (Signature of Authorized Official) (Date) —152— Contract Number 09- DEM -LEPC -001 Page 1.1 of 1.7 ATTACHMENT 1 GENERAL TERMS AND CONDITIONS The "GRANTEE" agrees to comply with the conditions applicable to this Agreement as set forth in this document. 1 ACCOMPLISHMENT OF THE AGREEMENT. 1.1 General Requirements. The GRANTEE must commence, carry out, and complete the Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the terms of this document and all applicable laws, regulations, project or program schedules, and published policies. The terms of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," apply to this Agreement. 1.2 Compliance with Federal, State, and Local Law. In performing its obligations under this Agreement, the GRANTEE agrees to comply with all applicable provisions of Federal, State, and local laws, regulations, and DOT directives. The GRANTEE understands and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified, and that the most recent of such provisions will govern administration of this Agreement, except if there is sufficient evidence in the Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies and administrative practices that are established after the date of execution may be applied to this Agreement. All limits or standards set forth in this Grant are minimum requirements. If there is a conflict between Federal and State or local requirements, the GRANTEE must inform STATE in order that an appropriate resolution may be arranged. 1.3 Cost Principles. A GRANTEE must use program funds only for expenditures incurred for approved activities in accordance with the Agreement Instructions, and the cost principles of OMB Circular A -87, Revised, which are incorporated by reference in 49 CFR Part 18. 2 DELIVERABLES. 2.1 Published Materials. If the Performing Party publishes materials that have been prepared with grant funds, the GRANTEE must provide STATE and DOT reprints of the publication at no cost to STATE and DOT. The GRANTEE must acknowledge any publication based on work supported by this Agreement essentially as follows: "Publication of material was supported by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Grant No. HMETX7014150." 3 COPYRIGHTABLE WORK. If the Agreement results in a book or other copyrightable work, the GRANTEE or author may copyright the work, provided that the GRANTEE or author provides STATE and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, and to authorized others to do so, as set forth in Section 8 below. 4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE must immediately notify the STATE and DOT of any change in local law, conditions, or any other event, including any litigation challenging the validity of or seeking interpretation of any Federal law or regulation applicable to the Federal Hazardous Materials Transportation program, which may significantly affect the GRANTEE's ability to perform the program in accordance with the terms of this Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision pertaining to the GRANTEE's conduct of litigation that may affect STATE interests in the program or STATE Contract Number 09- DEM -LEPC -001 -153— administration a third party) Administration inform STATE Page 1.2 of 1.7 or enforcement of applicable Federal laws or regulations. Before the GRANTEE joins (as in litigation that affects STATE or DOT interests in the program, or STATE or DOT or enforcement of applicable Federal laws or regulations, the GRANTEE must first and DOT. 5 ACCOUNTING RECORDS. 5.1 Funds Received or Made Available for the Agreement 5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made by the GRANTEE to the extent that they meet all of the following requirements. Expenditures must: 5.1.1.1 Be made in conformance with the program budget and all other provisions of this Agreement; 5.1.1.2 Be necessary to accomplish the program objectives; 5.1.1.3 Be reasonable in amount for the goods or services purchased; 5.1.1.4 Be actual net costs to GRANTEE (i.e., price paid minus any refunds, rebates, or other value received by the GRANTEE that have the effect of reducing the cost actually incurred, excluding program income as defined in OMB Circular A -87, Revised); 5.1.1.5 Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from STATE to the contrary is received; 5.1.1.6 Be in conformance with the standards for allowability of costs set forth in OMB CircularA -87, Revised; 5.1.1.7 Be satisfactorily documented; and 5.1.1.8 Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the STATE 5.2 Audit and Inspection. 5.2.1 The GRANTEE must permit the STATE, Secretary and the Comptroller General of the United States, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records that pertain to the program, and to audit the books, records, and accounts of the GRANTEE that pertain to the Agreement. 5.2.2 The GRANTEE is responsible for meeting the audit requirements of OMB Circular A -128, or any revision or supplement to the circular. 5.2.3 Closeout of the Agreement will not alter the GRANTEE's audit responsibilities. —154— Contract Number 09- DEM -LEPC -001 Page 1.3 of 1.7 6 EQUAL EMPLOYMENT OPPORTUNITY 6.1 In carrying out the approved program, the GRANTEE will not discriminate against any employee, applicant for employment, fellow or scholarship recipient because of race, color, age, creed, sex, sexual orientation, or national origin. 6.2 The GRANTEE will take steps to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, age, creed, sex, or national origin. There shall be no discrimination in actions such as employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 6.3 The GRANTEE agrees to post in conspicuous places, available to employees, applications for employment, names of students, fellows and recipients of scholarships, fellowships and assistantships, and notices setting forth the provisions of this Equal Opportunity clause. 6.4 The GRANTEE must send to each labor union or representative of workers with which it has a collective bargaining or other agreement or understanding, a notice, advising the labor union or workers' representative of the GRANTEE's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6.5 The GRANTEE must comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant orders of the Secretary of Labor. 6.6 The GRANTEE must furnish all information and reports required by Executive Order No. 11246 (September 24, 1965), or by the rules, regulations, and orders of the Secretary of Labor. The GRANTEE must also permit STATE, DOT, and the Secretary of Labor access to the GRANTEE'S books, records and accounts for STATE, DOT, and the Labor Secretary to determine the GRANTEE'S compliance with the Executive Orders, rules and regulations. 6.7 If the GRANTEE does not comply with the Equal Opportunity provision of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended, in whole or in part,' and the GRANTEE may be declared ineligible for further Federal Grants, Cooperative Agreements, or Agreements. 6.8 The GRANTEE must include the provisions of TITLE VI of the Civil Rights Act of 1964 in every sub - agreement or purchase order, unless exempted by the Secretary of Labor, so that such provisions will be binding upon each sub - grantee or sub - contractor. The GRANTEE must take such action with respect to any sub - agreement or purchase order as DOT -lithe 5IATE may dote arc means of enforcing such provisions, including sanctions for noncompliance. However, if the GRANTEE becomes involved in, or is threatened with, litigation with a sub - grantee or sub - contractor as a result of such direction by DOT, the Grantee may request DOT to enter into such litigation to protect the interests of DOT. 6.9 Compliance with Title VI of the Civil Rights Act of 1964. The GRANTEE must comply with Title VI of the Civil Right Act of 1964 (42 U.S.C. § 2000d), with DOT regulations entitled, "Nondiscrimination in Federally- Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21, and any other applicable regulations. -155– Contract Number 09- DEM -LEPC -001 Page 1.4 of 1.7 7 PATENT RIGHTS. 7.1 The patent rights clause of Attachment A of OMB Circular No. A -124, (implementing the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any subsequent amendments will apply, when the purpose is to perform experimental, development, or research work. 7.2 The GRANTEE must notify the STATE promptly if any patentable invention(s) (i.e., processes, compositions of matter, or items thought to be new) is produced in the course of work done under this Agreement. Except as stated in 37 CFR 401.3(a), the GRANTEE's given the right to retain title to any patents issued for work performed under this Agreement. 8 COPYRIGHTS. 8.1 Except as otherwise provided in the terms and conditions of this agreement, the author or the GRANTEE may copyright any books, publications, or other copyrightable materials developed in the course of or under this Agreement. However, the STATE and DOT reserves a royalty - free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for State or Federal Govemment purposes. 9 The GRANTEE must not incorporate material copyrighted by others into any work product delivered under this Agreement unless it has acquired for the STATE and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for Government purposes. 9.1 The GRANTEE may arrange for publication of initial reports of original research, supported in whole or in part by Agreement funds, in primary scientific joumals and copyright by the journal unless the journal's copyright policy would preclude individuals from making or having made by any means available to them, without regard to the copyright of the journal and without royalty, a single copy of any such article for their own use. 10 RIGHTS IN DATA. 10.1 The term "subject data" as used in this agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio - visual recordings such as films and videotapes; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 10.1.1 Examples of "subject data" include, but are not limited to: engineering drawings and associated lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 10.1.2 The term does not include financial reports, costs analyses, and similar information incidental to program administration. 10.2 With respect to all subject data first produced in the performance of this Agreement, STATE and DOT reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for State and Federal Government purposes: 10.2.1 Any work developed under this Agreement, irrespective of whether or not a copyright has been obtained; and —1 5 6— Contract Number 09- DEM -LEPC -001 Page 1.5 of 1.7 10.2.2 Any rights of copyright to which the GRANTEE purchases ownership with DOT assistance. 10.3 When DOT provides assistance to the STATE for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the STATE and GRANTEE that have received assistance to support research, financed under the Federal Hazardous Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in addition to the rights set forth in Subsection 10.2 of this Agreement, DOT may make available to any DOT Grantee, sub - grantee, sub - recipient, third -party Contractor, or third -party subcontractor, either DOT's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. 10.4 Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. 10.5 Subsections 10.2 through 10.3 of this document are not applicable to material furnished to the GRANTEE, via the STATE, by DOT and incorporated in the work furnished under the Agreement, provided that the GRANTEE identifies the incorporated material when the work is delivered. 10.6 If the program, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 10.1 of this Agreement and must be delivered as STATE or DOT may direct. 10.7 The requirements of Subsections 10.1 through 10.6 of this documents must be included in all sub - contracts, third party contracts of the GRANTEE under this program. 11 PRIVACY. Should the STATE, or the GRANTEE, or their employees administer any system of records on behalf of DOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information requirements on the party administering the system of records 11.1 When the Agreement involves the operation of a system of records on individuals to accomplish a DOT function, the STATE and the GRANTEE, and their employees involved in the function are considered, for purposes of the Privacy Act, to be DOT employees with respect to the DOT function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the Privacy Act or this Section 11 subjects this Agreement to termination. 11.2 Definitions. As used in Section 11: 11.2.1 "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of DOT including the collection, use and dissemination of records. 11.3 "Records" means any item, collection, or grouping of information about an individual that is maintained by the GRANTEE or STATE on behalf of DOT including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. —157— Contract Number 09- DEM -LEPC -001 Page 1.6 of 1.7 11.3.1 "System of records" on individuals means a group of any records under the control of the STATE or the GRANTEE on behalf of DOT from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual. 11.4 The GRANTEE agrees: 11.4.1 To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the GRANTEE, its subcontractors, or their employees to accomplish a DOT function; 11.4.2 To notify DOT when the GRANTEE -, its subcontractors, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The GRANTEE may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The GRANTEE its subcontractors, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; 11.4.3 To include in every solicitation and in every third -party Agreement, when the performance of work under that proposed third -party Agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party Agreement or to accomplish a DOT function, a Privacy Act notification informing the third -party subcontractors that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974, 5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the Act may involve the imposition of criminal penalties; and 11.4.4 To include the text of Subsections 11.4.1 through 11.4.3 in all third -party contracts, which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 12 DRUG -FREE WORKPLACE REQUIREMENTS. The GRANTEE agrees to comply with DOT regulations, "Drug -Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, and to submit the required certification. 13 DEBARMENT AND SUSPENSION. 13.1 The GRANTEE must furnish the certification required by DOT regulations, "Government Debarment and Suspension (Non - procurement)" (49 CFR Part 29) . 13.2 The GRANTEE must obtain from its third -party contractors, subcontractors the certification required by 49 CFR Part 29. -158- Contract Number 09- DEM -LEPC -001 Page 1.7 of 1.7 14 RECORDS. 14.1 The GRANTEE must maintain records for this Agreement to comply with 49 CFR § 18.42. Sections 18.42 provides that the GRANTEE must for 3 years retain financial records, supporting documents, statistical records, records for non - expendable property, and all other records pertinent to this Agreement. 14.2 Records associated with any litigation, claim or audit started before the expiration of the 3 -year period, must be retained until all litigation, claims or audit findings involving the records have been resolved. —1 5 9— Contract Number 09-DEM-LEPC-00 1 Page 2.1 of 2.4 ATTACHMENT 2 § .14 State of Texas Assurances (a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass- through or other state - appropriated funds. An attempt has been made below to list major state and federal assurances. Generally, not all of these assurances will be required for any one grant. However, it is the applicant's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding state funds must be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. (3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) HEALTH, HUMAN SERVICES, PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract Contract Number 09- DEM -LEPC -001 —160— Page 2.2 of 2.4 administration system to insure that all terms, conditions, and specifications are met. (See Section _.36 for additional guidance on contract provisions). (8) SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. (11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) LABOR FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). —161— Contract Number 09- DEM -LEPC -001 Page 2.3 of 2.4 (15) FLOOD INSURANCE. Subgrantees will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) ENVIRONMENTAL STANDARDS. Subqrantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). (19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) LEAD -BASED PAINT. Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. (24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http: / /www.epls.gov. -162- Contract Number 09- DEM -LEPC -001 Page 2.4 of 2.4 (25) HIV /AIDS. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. City of Corpus Christi /Nueces County LEPC (Name of LEPC Grant Recipient) Ric frig 14-o &KS L Et°L Chi 54 47 (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) —163— Contract Number 09-DEM-LEPC-00 1 ATTACHMENT 3 HMEP PLANNING GRANT PROGRESS REPORT LEPC: City of Corpus Christi /Nueces County 1. For the period of: 2. Project Progress During the Period: 3. Problems Impeding Project & Actions Taken to Resolve Those Problems: 4. Planned Project Work for the Next Month: 5. Estimated Project Completion Date: City of Corpus Christi /Nueces County LEPC (Name of LEPC Grant Recipient) (Printed Name and Title of Project Officer) (Signature of Project Officer) (Date) Instructions for filling out the Progress Report. 1. For the period of. • First Report (January — March) Due to the STATE by 30th of April. • Second Report (April — June) Due to the STATE by 30th of July. 2. Project Progress: Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each project independently. Indicate which tasks, if any, are complete. 3. Problems: Describe any problems that have or may interfere with completing this project, on time, and what if anything has been or can be done to resolve these problems. 4. Planned Work: Include a description of planned work to be performed, major purchases planned, if any for the upcoming reporting period. For projects that involve multiple tasks, discuss each. 5. Must be August 31 or earner. —164— Contract Number 09- DEM -LEPC -001 Page 1 of 1 ATTACHMENT HMEP PLANNING GRANT FINANCIAL REPORT LEPC: City of Corpus Christi /Nueces County Fiscal agent: Citv of Corpus Christi For the period of: 1. Project Cost (from Grant Agreement, Section 4A) 2. State Share (from Grant Agreement, Section 4B) a. State reimbursement (Previously submitted) total $ b. State Share Request this report $ c. State Share balance (Line 2 - [2a + 2b]) 3. Local Match Share (from Grant Agreement, Section 4C) $ a. Local Match Share (Previously submitted) total b. Local Match Share this report c. Local Match balance (Line 3 — [3a + 3b]) 4. Invoices /receipts or other expenses attached for reimbursement this report. Expense /Company Date of Invoice/ Amount of Invoice/ What was purchased Invoice /recei.t from: recei•t recei•t City of Corpus Christi (Name Fiscal Agent ) (Printed Name and Title of Fiscal Agent Representative) (Signature of Fiscal Agent Representative) (Date) • Local match may be a cash match or a soft match (see item 4 G(2)) for information on soft match. • Proof of payment for expenses (in the form of canceled checks, bills marked "paid in full ", or other proof) must be attached to this report. • If the LEPC Match is not equal to 20% or more of the total funds expended to date, then the state share will be adjusted or remittance may be withheld until LEPC Match equals 20 %. -165- Contract Number 09- DEM -LEPC -001 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: A. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2009 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 20 through May 6, 2009, provide for Commission paying 50% police overtime and 100% all other City costs and fees; and declaring an emergency. B. Motion approving a $5.00 admission fee and /or $3.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and taller than '36 inches, and persons with disabilities for Buccaneer Days Festival from April 23, 2009 through May 3, 2009. ISSUE: Council is requested to approve the date, location, admission fees and consideration for the 2009 Buccaneer Days Festival and related activities. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with public events. PREVIOUS COUNCIL ACTION: City Council approved the 2007 and 2008 Buccaneer Days Festival lease agreement for the annual festival and related activities. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance Attachments: Lease agreement Say Gavj , Di ector Parks and Recreation Department -169- ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ( "COMMISSION ") FOR 2009 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES TO ALLOW USE OF CITY PROPERTY BOUNDED BY RESACA STREET TO PALO ALTO STREET AND SHORELINE BLVD AND N. CHAPARRAL STREET, UP TO AND INCLUDING BARGE DOCK AREA; DURING APRIL 20 THROUGH MAY 6, 2009, PROVIDE FOR COMMISSION PAYING 50% POLICE OVERTIME, AND 100% OF ALL OTHER CITY COSTS AND FEES; 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 lease agreement with the Buccaneer Commission to conduct the 2009 Buccaneer Days Festival and related activities. The Agreement provides for use of Shoreline Blvd. from Power Street north up to and including the Barge Dock area, during period of April 20, through May 6, 2009, and other areas, all as described in the Lease agreement. The Agreement also provides for Commission paying 50% of police overtime costs and 100% all other city costs and fees. 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 April, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: April 7, 2009 • By: a—ri7Z (7 Lisa Aguilar, As ' tant City Attorney for City Attorney Henry Garrett Mayor —170— Corpus Christi, Texas Day of , 2009 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —171— BUC DAYS SHORT TERM 2009 LEASE AGREEMENT State of Texas § Page 1 of 29 Know All By These Presents: County of Nueces § This short term Lease Agreement ( "Lease Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City"), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a Texas non - profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non - profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ( "Buc Days ") and related activities sponsored by the Commission including carnival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. Police Chief - means the City's Police Chief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Projects — Seawall repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. I. Risk Manager - means the City's Director of Risk Management or designee. m. City Secretary — means the City Secretary or designee H 1LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.tloc —1 7 2— Page 2 of 29 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Challenge: Premises are described in Exhibit A -2. Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. C. For the Buc Days Carnival, Premises are described in Exhibit A -1. Carnival will be set up on City property which is located on portions of area bounded by S. Chaparral and Shoreline Blvd, between Resaca and Palo Alto Streets. D. If any of the desired Premises include use of the American Bank Arena Area ('Arena Area") described herein, Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. The Arena Area is described as follows: Those paved areas bounded by the interior of the east curb line of N. Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the south by the north curb line of Power Street and on the north by the north curb line of Resaca Street, and to end of Shoreline Drive turnaround area and Barge Dock, including sidewalk area of the seawall; those paved areas of Palo Alto Street bounded by N. Shoreline Drive and N. Water Street; and those paved areas of Fitzgerald Street bounded by N. Shoreline Drive and N. Water Street. E. For the Buc Days Lighted Parade on Saturday May 2, 2009: Parade begins at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. F. For the Junior Parade on Saturday April 25, 2009: Parade begins in front of Brewster Street parking lot, turns right onto N. Tancahua, proceeds down to Belden Street, turns left on Belden Street, and then left on Mesquite. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. For the Buc Days Lighted Parade, Commission has exclusive use of the parking lot located south of Memorial Coliseum, on Saturday May 2, 2009, for the times of 8:00 A.M. to Midnight, to serve as secured parade breakup area. H. Landscaped areas within the Premises must be protected during the Event. H: \LEG- DIR1Lisa\2009 Parks\ BucDays .2009.Bhort.Term.Lease.doc —173— Page 3 of 29 I. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Requests by the Commission for use of additional City-owned areas require prior written approval from the Parks Director. No concession stand, ride, vehicular parking, or other apparatus connected with Commission may use the grassed or shrubbed areas, including the newly landscaped median, in front of the Arena. In addition, no structures, scaffolding, bleachers or vehicles are permitted on the Seawall without prior written permission from the Parks Director. Construction along Shoreline may significantly impact and change the Premises (Exhibit A) and other parts of this lease (see Section 8). If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon filing with the City Secretary. 5. Event Layout Diagram. The Commission's Agent 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. The Commission must pay City a one -time Special Event Permit fee of $150.00 under City ordinance. 7. Payment of City Costs. In consideration for the use of City property the Commission will pay the City within 60 days after the Event ends each year the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that the Commission has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Commission's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping and repair categories). Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. Commission may repair damages within 3 days. H: \LEG- DIR\Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —174— Page 4 of 29 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission 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 off-site traffic control, at applicable City rates for the Police Officers assigned. For the 2009 Event, Commission shall be responsible for 100% of all non - police City Direct Costs, 100% of all City health permit/vendor and related fees, and 50% of police overtime. 4. Costs of additional directional signage, barricades, and cones are Commission's responsibility (see Sections 13 and 14) as well as any other services requested by Commission's Agent and provided by City. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit D are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. Commission shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit D. C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. 9. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.LeaeedOc —175— Page 5 of 29 property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 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: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 FAX (361) 880 -3864 If to Commission: Executive Director The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78401 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary Street Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, 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. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. In addition, the Commission will provide no more than 5 parking passes for City personnel scheduled to work during the actual Event and related activities. 13. Barricades, Traffic Signs. The Commission must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions /facilities affected by any 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. The Commission must pay the cost of additional signage. 14. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and H: \LEG- DIR\Lisa\2009 Parks \BucDays.2009.Short Term.Lease.doc —1 7 6— Page 6 of 29 drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. '17. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ( "lndemnitees ") 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 any 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 Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon the Premises pursuant to this Commission Lease Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set -up and take -down, hold, H:\LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.tloc —177— Page 7 of 29 attend, or participate in the Buccaneer Days Festival and associated activities, on the Premises, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees or lndemnitors of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees or lndemnitors, or when the injury or damage 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 lndemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, 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. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written 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 included in the written notice of safety hazards. 19. Damages to City Property. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event. Commission will restore all items on the punchlist within 3 days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as set out in Section 7 above. Commission or its agent must fill and compact all holes in grassy areas made by Commission or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Commission or its agent until no subsidence occurs. H:\LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —178— Page 8 of 29 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 Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Commission 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. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. In the event that a fireworks launch from the rooftop of the Corpus Christi American Bank Center is authorized by the SMG manager for the Corpus Christi American Bank Center, and the City Manager, the Commission agrees to execute a Use Privilege Agreement, with terms and conditions including those listed in the attached Exhibit F, and other terms that may be reasonably required by the City Manager or designee, prior to the fireworks launch. Prior to fireworks launch, the Commission shall require its fireworks vendor to execute a Use Privilege Agreement with the City, with terms and conditions including those listed in the attached Exhibit F, and other terms that may be reasonably required by the City Manager or designee. 21.1. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall H: \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —1 7 9— Page 9 of 29 be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and /or vending unit, which fee shall be in lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. Stationary vending booths at City- approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City- approved locations. M. No alcoholic beverages may be sold by a parade vendor. H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —180— Page 10 of 29 N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.2 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by Upper Broadway to Shoreline Blvd to American Bank Center, Power Street to Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave. (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission 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 the Commission and taken to a location designated by the Commission. Commission 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, H:1LEG- DIR \ Lisa \2009 Parks \ BucDays .2009.Short.Term.Lease.doc —181— Page 11 of 29 Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non - exclusive use period after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. 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 Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission 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 these buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 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 the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced 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 the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the H: \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —182— Page 12 of 29 result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 29. Assignment. Commission may not assign or transfer this Lease Agreement 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 Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease 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 Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement 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 Lease Agreement 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. H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.lease.doc —183— Page 13 of 29 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 35. Non- discrimination. Commission 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, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six -foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A become effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, 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. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event 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. City shall not authorize any carnivals on City property within 30 days before Event. 40. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. H: \LEG- DIR\Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —184— Page 14 of 29 Executed in Duplicate Originals on , 2009. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI 'Angel R. Escobar City Secretary City Manager Legal Form Approved c /J .f/YG , 2009 Lisa Agui Assistant 'City Attorney For City Attorney H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —1 85— THE BUCCAN By: Bar OMMISSI , INC. Executive Direct Date: fps, i 7&c y' ACKNOWLEDGMENT Page 15 of 29 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on G:pn 1 , 2009 by Barry Box, Executive Officer for The Buccaneer Commission, Inc., a Texas non - profit corporation, on behalf of The Buccaneer Commission, Inc. Notary Public, State of Texas Printed Name: T tri& t f".x,+fcl,zs Seal: Expiration Dat TARA K. MIRELES Notary Public, State of Texas ,,,,�� 4,.,: My Commission Expires ��.,;;;; April 29, 2012 H \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —186— -187- Page 17 of 29 EXHIBIT B 2009 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Next to BBQ Challenge, along Shoreline from Power St. to Resaca, on Water Street from Fitzgerald to Resaca EXCLUSIVE: April 20 through May 6 Buc Days BBQ Challenge Just outside American Bank Center, from Resaca to Barge Dock EXCLUSIVE: April 23through April 26 Buc Days Pro Rodeo American Bank Center Arena (Buc Days shall contract directly with third party arena management company for use of American Bank Center Area.) H: \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc -188- N SCALE: 1" =350' TRUCK AND TRAILER PARKING AREA BUC DAYS RODEO BBQ CHALLENGE EVENT SITE BREWSTER ST. 0 nn 0 0 0 HUGH 5 CONVENTION CENTER AMERICAN BANK ARENA 10 NirStirkNIXINWANIrti'IN KIDDIE RIDES KEY t=21- STREET CLOSURE CARNIVAL AREA ALTO 5 Exhibit G SUBJECT: STREET CLOSURES BUC DAYS BBQ CHALLENGE & RODEO FESTIVAL - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. Page 19 of 29 BUC DAYS 2009 EXHIBIT D — ESTIMATED EXPENSES* Park & Recreation (credit account 343697- 1020 - 12910): $5,200.00 Police (overtime at 50% of cost) Carnival costs estimate $37,000 in 2008: $14,500.00 Fire $100.00 Solid Waste and Street Services (credit account 30933 - 1020 - 12510) $7,500.00 (street) (credit account 344120 - 1020 - 12350) $6,000.00 (solid waste) Storm Water (credit account 36006 -4010- 32010) $1,000.00 TOTAL: $34,300.00 *Buccaneer Days may or may not use all services estimated on this sheet. There may be additional services requested by Buccaneer Days which may require a revised estimate. H: \LEG - SIR \Lisa\2009 Parks \ Bucoays .2009.Short.Term.Lease.doc —190— Page 20 of 29 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38 -6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and /or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card - required hereby) for each . individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for H: \LEG- DIR\Lisa\2009 Parks \ BUCDays .2009.Short.Term.Lease.doc —191— Page 21 of 29 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38 -17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his H :LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —192— Page 22 of 29 determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4 -9 -1985; Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3- 2 -2004) H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —193— Page 23 of 29 April 14, 2009 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. 0. Box 30404 Corpus Christi, Texas 78401 -0401 Dear Mr. Box: In accordance with the Buc Days Short Term 2009 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2009 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, 'Angel R. Escobar City Manager H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —194— Page 24 of 29 Exhibit F USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Use Privilege Agreement ( "Agreement ") is made this day of , 2009, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, 'Angel R. Escobar, and Western Enterprises, Inc. ( "Permittee "), acting through , its duly authorized officer. 1. The City is the owner of the following described real property ("Property "): American Bank Center Arena. A description of the Property and site map are attached to and incorporated into this agreement as Exhibit A. 2. The Permittee desires to use the roof of the Property for the purpose of staging a fireworks display in conjunction with the 2009 Buc Days, to be held on April 24, 2009. The Permittee has submitted an application to the Corpus Christi Fire Department for a fireworks permit. A listing of products to be fired from the Property is found on the attached and incorporated Permit Application as Exhibit B. 3. In consideration of applicable City permit fees, payable upon execution of this Agreement, and Permittee's covenants expressed in this Agreement, the City grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibit A for the purposes stated in paragraph 2 of this Agreement, starting on April 24, 2009 and terminating on April 24, 2009.; however, such use is conditioned upon Permittee obtaining the proper permit from the Corpus Christi Fire Department. The City Manager is authorized to extend the term of this Use Privilege Agreement in the event the April 24, 2009 fireworks is cancelled due to weather conditions. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time with or without without cause by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager "), giving the Permittee in writing notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed description of its planned use of the Property, including drawings showing the specific location where the equipment identified in Paragraph 2 will be installed and specifications for the fireworks that will be used, to the City's Fire Marshall and City Manager. Permittee must submit a detailed safety plan for H: \LEG- DIR \Lisa\2009 Parks\ BucDays .2009.Short.Term.Lease.doc —195— Page 25 of 29 review and approval by the Corpus Christi Fire Marshall, at least 15 business days prior to the fireworks event. D. INDEMNIFICATION. PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE - EXISTING CONDITIONS. PERMITTEE AGREES TO INDEMNIFY THE CITY FOR ANY LOSSES SUSTAINED AS A RESULT OF THE FIREWORKS EVENT, INCLUDING DAMAGE OR DESTRUCTION TO CITY PROPERTY. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in attached Insurance Exhibit which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property must not interfere with the operation of the City's American Bank Center. Any equipment placed by Permittee must be removed by the Permittee and the Property restored to its original condition before this Agreement expires. H: \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.00c —196— Page 26 of 29 G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Property. H. Permittee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. I. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Permittee agrees to pay City Consultant to document the roof membrane condition before the fireworks event, and after the fireworks event. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. Permittee must obtain City fireworks permit from Corpus Christi Fire Department prior to event. K. Permittee must not begin use of the Property without 24 hours prior notice to the Corpus Christi Fire Marshal. L. If damage occurs to any City property, all City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs. M. Permittee must not store or leave any equipment or material in City property unattended or overnight. N. The Permittee must provide proper safety and security devices to prevent possible injuries or accidents. The Permittee must provide Fire Marshal with safety plan for review and approval by the Fire Marshal. O. The Property must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. 5. All references herein to Permittee include Permittee's contractor(s), agent(s), and employee(s) if applicable. 6. Choice of Law and Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Venue for any dispute arising from or related to this Agreement shall be in Nueces County, Texas. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa 'Angel R. Escobar City Secretary City Manager H: \LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.tloc —197— Page 27 of 29 APPROVED AS TO LEGAL FORM: By: Assistant City Attorney Western Enterprises, Inc., the Permittee, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. Permittee: Western Enterprises, Inc. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2009, by , Chief Executive Officer, on behalf of Western Enterprises, Inc. Notary Public, State of Texas Expiration Date: H: \LEG- DIR \Lisa12009 Parks\ BucDays .2009.Short.Term.Lease.doc —198— Page 28 of 29 EXHIBIT - INSURANCE REQUIREMENTS FOR FIREWORKS EVENT I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee 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 of Corpus Christi must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the General Liability 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. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Hostile Fire Exception $1,000,000 COMBINED SINGLE LIMIT with $500,000 sub -limit for Damage to Rented Premises WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager wl copies of all reports of such accidents within 10 days of any accident. 2008 Buc Days Fireworks Permit ins. req. 3:31 -08 ep Risk Mgmt. H:\LEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.tloc —199— Page 29 of 29 II. ADDITIONAL REQUIREMENTS A. Permittee 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. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the General Liability and Workers Compensation 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. C. If the Certificate of Insurance on its face does not show 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. 2008 Buc Days Fireworks Permit ins. req. 3 -31 -08 ep Risk Mgmt. HtLEG- DIR \Lisa\2009 Parks \ BucDays .2009.Short.Term.Lease.doc —200— 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: Ordinance to authorize the City Manager or designee to execute amendment with Landry's Seafood and Steakhouse — Corpus Christi, Inc. to allow Landry's operation of golf cart shuttle service at People's St. T -head, during the following dates and times: During 12:01 a.m. Saturday April 18, 2009 through 11:59 p.m. Wednesday April 22, 2009; during 7:00 p.m. to 2:00 a.m. each night of the Boat Show starting April 23, 2009 ending April 26, 2009; and also during 12:01 a.m. thru 5:59 p.m. on Monday April 27, 2009; and subject to compliance with following conditions: 1) insurance and indemnity provisions established by City Manager; and 2) visitors to Landry's must be transported directly to and from the restaurant to the gate entrance. ISSUE: Council is requested to approve this amendment to the lease agreement, use of City property and monthly rental payment. Council previously approved on March 10, 2009 that no shuttles would be operated by Landry's during operation hours of the International Boat Show. REQUIRED COUNCIL ACTION: City Council's action is required for ordinances. PREVIOUS COUNCIL ACTION: On March 10, 2009, when Council approved that no shuttles were to be operated by Landry's during International Boat Show hours. March 24, 2009 the Council approved the street closures to begin on April 18, 2009 for the International Boat Show. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. ATTACHMENT: Shuttle Operation Agreement Sally G Parks —203— ik, Director d Recreation Department BACKGROUND This will be the third year for Corpus Christ to host the International Boat Show. The first year of the show the International Boat Show paid for the shuttles for Landry's staff and customers. There were no problems with this arrangement. The second year the International Boat Show in an agreement with Landry's allowed Landry's to utilize privately owned golf carts to provide their own shuttle service There was a problem in the second year with the golf carts being operated during the heavy crowds of the boat show. There was potential for accidents between the golf carts and spectators during the International Boat Show of 2008. This year, the International Boat Show does not want to offer the shuttle for Landry's customers but is willing for them to provide a golf cart shuttle with appropriate insurance and off duty police officers to insure that the customers only go from the entry gate to Landry's and then directly from Landry's to the exit area. This shuttle service will only be offered after the boat show closes. During the Boat Show operating hours there will be no shuttle. There will be over 40,000 participants at the International Boat Show which will provide an ample customer base for Landry's. Landry's golf cart shuttle service on the People's St. T -head could operate during the following dates and times: Saturday April 18, 2009, through Wednesday April 22, 2009 from 12:01 a.m. to 11:59 p.m. because crews will be setting -up for the boat show and the entry/exit fence will be up during this time. Thursday April 23, 2009 through Sunday April 26, 2009 from 7:00 p.m. to 2:00 a.m. each night after the boat show closes at 7 pm. Monday April 27, 2009 from 12:01 a.m. to 5:59 p.m. as the crews will be dismantling and taking away boat show items. This shuttle service must comply with following conditions: 1) insurance and indemnity provisions established by City Manager; and 2) visitors to Landry's must be transported directly to and from the restaurant to the entrance or exit gate. —204— 3 AGREEMENT REGARDING OPERATION OF SHUTTLE SERVICE FOR LANDRY'S RESTAURANT DURING 2009 BOAT SHOW EVENT Now therefore, upon execution of this Agreement by all parties, the parties to this Agreement agree as follows: Landry's Seafood and Steakhouse — Corpus Christi, Inc. ( "Landry's ") may operate golf cart shuttle service to transport Landry's customers directly between People Street T -head entrance and Landry's Restaurant, subject to compliance with the following conditions: 1) Golf cart shuttle service is permitted 12:01 a.m. Saturday April 18 2009 through 11:59 p.m. Wednesday April 22, 2009. 2) Golf cart shuttle service is also permitted on April 27, 2009 through 5:59 p.m. 3) Golf cart shuttle service is also permitted during 7:00 p.m. to 2:00 a.m. each night of the Boat Show starting April 23, 2009 ending April 26, 2009; and also during 12:01 a.m. thru 5:59 p.m. on Monday April 27, 2009. 4) Landry's may not operate golf cart shuttle service during times that the Boat Show is opened to the public. 5) Entrance into People's Street T -Head during dates and times Boat Show is opened to the public will require Boat Show entry ticket. Exception will be made for Landry's staff reporting to work. 6) At Landry's expense, two Corpus Christi Police Department officers will be present after Boat Show closes each night to ensure that the customers are transported via golf cart directly from Landry's to the entrance gate. 7) Landry's agrees to indemnify and hold harmless the City of the Corpus Christi, MMD Communications, and all Boat show sponsors for the operations of shuttle service for Landry's. Landry's covenants to fully indemnify, save, and hold harmless the City of Corpus Christi, MMD Communications, sponsors of the annual Texas International Boat Show, their officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from any of the Indemnitees on account of injury or damage to persons or property (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any injury, damage, or loss 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) operation of a shuttle service for Landry's. -205— 4 Landry's covenants and agrees that, if any of the indemnittees are made a party to any litigation commenced by any party relating to operation of shuttle service, Landry's shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees in all actions based thereon with legal counsel satisfactory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. 8) Landry's agrees to provide City Marina Supt with evidence of insurance on or before April 14 2009. Required insurance is attached as separate exhibit. 9) Landry's must ensure that its shuttle service will be operated in safe manner by responsible drivers at all times. If Landry's shuttle service is operated in unsafe manner, then Landry's authority for shuttle service operation is subject to immediate termination by the City of Corpus Christi Marina Supt. without further notice. 10) This Agreement takes effect upon date of last signature. Agreed to by: Landry's Seafood and Steakhouse — Corpus Christi, Inc. By: Name: Title: Date. MMD Communications By: — Name: Title: Date: City of Corpus Christi By: Name: Title: Date: -206- EXHIBIT INSURANCE REQUIREMENTS LANDRY'S LIABILITY INSURANCE A. Landry's must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Landry's must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Landry's must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30- written day notice of cancellation, material change, non - renewal is required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury Worker's Compensation Employers' Liability MINIMUM INSURANCE COVERAGI Bodily Injury and Property Damage Per occurrence aggregate $1,000,000 Combined Single Limit Which Complies with the Texas Work( Compensation Act and Section II of this Exhil $500,000/ $500,0001$500,000 C. In the event of accidents of any kind, Landry's must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Landry's 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 endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. —207— 6 B. Landry's financial integrity is of interest to the City; therefore, subject to Landry's right to maintain reasonable deductibles in such amounts as are approved by the City, Landry's shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Landry's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Bests rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Landry's shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Landry's shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Landry's agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives, as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and —208— 7 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Landry's shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Landry's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Landry's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Landry's to stop work hereunder, and/or withhold any payment(s) which become due to Landry's hereunder until Landry's demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Landry's may be held responsible for payments of damages to persons or property resulting from Landry's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Landry's's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2009 Landry's shuttle service agreement ins. req. 4 -7 -09 ep Risk Mgmt. -209- ORDINANCE TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE AGREEMENT WITH LANDRY'S SEAFOOD AND STEAKHOUSE — CORPUS CHRISTI, INC. TO ALLOW LANDRY'S OPERATION OF GOLF CART SHUTTLE SERVICE AT PEOPLE'S ST. T -HEAD, DURING THE FOLLOWING DATES AND TIMES: DURING 12:01 A.M. SATURDAY APRIL 18, 2009 THROUGH 11:59 P.M. WEDNESDAY APRIL 22, 2009; DURING 7:00 P.M. TO 2:00 A.M. EACH NIGHT OF THE BOAT SHOW STARTING APRIL 23, 2009 ENDING APRIL 26, 2009; AND ALSO DURING 12:01 A.M. THRU 5:59 P.M. ON MONDAY APRIL 27, 2009; AND SUBJECT TO COMPLIANCE WITH FOLLOWING CONDITIONS: 1) INSURANCE AND INDEMNITY PROVISIONS ESTABLISHED BY CITY MANAGER; AND 2) VISITORS TO LANDRY'S MUST BE TRANSPORTED DIRECTLY TO AND FROM THE RESTAURANT TO THE GATE ENTRANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute an Agreement with Landry's Seafood and Steakhouse - Corpus Christi, Inc. regarding operation of golf cart shuttle service on People's Street T -Head. The Agreement will be filed with office of the City Secretary. 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 takes effect upon first reading as an emergency measure this the _ day of April, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: .t. -e i , 2009. Lisa Aguilar lssistant City Attorney for the City Attorney —211— Corpus Christi, Texas Day of 2009 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: 1 /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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez —212— 12 AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: A Resolution to support the City of Corpus Christi, Texas Bid for the 2012 Texas Recreation and Park Society Institute and Trade Show in Cooperation with the Texas Park and Wildlife Department and the Southwest Region of the National Recreation & Park Association to be held in Corpus Christi February 20 through 25, 2012; and dedicating City resources and the use of the American Bank Center for a total cost of $25,000; and providing for an effective date. ISSUE: Along with the Corpus Christi Convention and Visitors Bureau and the Omni Bayfront Hotel, the Parks and Recreation Department is submitting a bid to host the 2012 Texas Recreation and Park Society Institute and Trade Show. The Institute will bring approximately 700 -800 parks and recreation professionals to the City over the course of the week. REQUIRED COUNCIL ACTION: City Council's action is required to approve the dedication of resources to support the bid for the conference PREVIOUS COUNCIL ACTION: n/a CONCLUSION AND RECOMMENDATION: Staff recommends approval of this resolution. Attachments: Bid Document Sally Gavlik, Director Parks and Recreation Department -215- BACKGROUND INFORMATION The Texas Recreation and Park Society (TRAPS) is an educational non - profit 501c3 organization of parks, recreation, and leisure service providers in the State of Texas. Our mission is to provide professional development, advocacy and resources to all who enhance the quality of life through parks, open spaces and recreation. The TRAPS Board of Directors and Institute Site Selection Committee are considering bids for the 2012 TRAPS Institute and Trade Show, which will be TRAPS 75th Anniversary to any city in Texas interested in hosting this significant Institute. The Corpus Christi bid package was submitted on April 10, 2009. This resolution will be forwarded to the TRAPS office once approved and signed. A small presentation will be made to the Board and Site Selection Committee on Friday, May 8 at the TRAPS Quarterly Meeting in San Antonio. The Parks and Recreation Department will work closely with the Corpus Christi Convention and Visitors Bureau and the Omni Bayfront Hotel to coordinate training and exhibit space, meeting and hotel rooms and associated networking socials. This conference has most recently been held in Fort Worth, Austin and San Angelo. Approximately 700 -800 delegates and over 200+ exhibitors meet annually to interact, network, and learn about trends, new products and services during the annual Texas Recreation and Park Society Institute in cooperation with the Texas Parks and Wildlife Department and the Southwest Region of the National Recreation and Park Association. The City last hosted the TRAPS Institute and Trade Show in March 2005. According to the CVB, the event brought approximately $290,000 into the local economy. If the TRAPS Board accepts the City's bid for the 2012 Institute, $25,000 will be budgeted in the Parks and Recreation Department's FY 2011 -2012 budget. —216— RESOLUTION TO SUPPORT THE CITY OF CORPUS CHRISTI, TEXAS BID FOR THE 2012 TEXAS RECREATION AND PARK SOCIETY INSTITUTE AND TRADE SHOW IN COOPERATION WITH THE TEXAS PARK AND WILDLIFE DEPARTMENT AND THE SOUTHWEST REGION OF THE NATIONAL RECREATION & PARK ASSOCIATION TO BE HELD IN CORPUS CHRISTI FEBRUARY 20 THROUGH FEBRUARY 25, 2012; AND DEDICATING CITY RESOURCES AND THE USE OF THE AMERICAN BANK CENTER FOR A TOTAL COST OF $25,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi Parks and Recreation Department is authorized to submit a bid to host the 2012 Texas Recreation and Park Society (TRAPS) Annual Institute in cooperation with the Texas Parks and Wildlife Department (TPW) and the Southwest Region of the National Recreation & Park Association, and WHEREAS, the City of Corpus Christi, Texas acknowledges the criteria and requirements specified in the site selection criteria for bid to host the Annual TRAPS Institute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi Texas endorses the bid submission to host the 2012 Texas Recreation and Park Society (TRAPS) and is committed to providing the necessary resources to perform all functions consistent with the bid to host the 2012 Texas Recreation and Park Society Annual Institute, in cooperation with the Texas Parks and Wildlife Department and the Southwest Region of the National Recreation & Park Association to be held in Corpus Christi February 20 through February 25, 2012. Section 2. That the City Manager, or designee, is authorized to dedicate City resources and the use of the American Bank Center for a total cost of $25,000 to support the bid described in Section 1. Section 3. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED April 7, 2009 ys ,i t-r Lisa Aguila�P,ssista L nt City Attorney For City Attorney —217— Corpus Christi, Texas of , 2009 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 —218— 13 AGENDA MEMORANDUM DATE: April 14, 2009 SUBJECT: Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 (Project No. 5238) CIP No. WW 18 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Huff & Mitchell, Inc. from Cypress, Texas in the amount of $2,454,026 for Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 for Base Bid No. 3. ISSUE: The sanitary sewer collection system in the Oso and Whitecap Wastewater Treatment Plant service area has exceeded the designed service life. This is evidenced by various customer service issues including line blockages and lack of system capacity during rain events because of excessive rain water inflow and infiltration into the wastewater collection system. The proposed project addresses a long -term solution by rehabilitating various sanitary sewer lines and manholes within this service area to reduce rainwater inflows and infiltration, improve service to the City's customers, and restore the viability of the sanitary sewer collection system infrastructure components. FUNDING: Funding is available from the FY 2009 Wastewater Capital Improvement Planning (CIP) Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater Department Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map HAUSERSZHOMENELMAMEN WASTEWATERV400 \CONSTRUCTIONWGENg IMO Pete Anaya, P. E., Director of Engineering Services BACKGROUND INFORMATION SUBJECT: Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 (Project No. 5238) CIP No. WW 18 CONSTRUCTION CONTRACT DESCRIPTION: This contract consists of three (3) Base Bids as follows: Base Bid One Part A — Area A Chamberlain Street, Area B Indiana Avenue and Area C Chandler Lane: This project consists of the rehabilitation and video - documentation of approximately 4,100 LF of 6" and 8" diameter sanitary sewer lines, the rehabilitation and video - documentation of 10 existing manholes, point repairs and construction of 2 new sanitary sewer manholes. The rehabilitation of the sewer lines shall be accomplished by pipe bursting and cure -in- place pipe liners. Manhole restoration shall be accomplished using a cementitious liner and high build epoxy coating. The construction of new manholes shall be accomplished by using fiberglass manholes. Part B — Area D Treyway Lane and Area E McArdle Road: This project consists of the rehabilitation and video - documentation of approximately 8,600 LF of 8" diameter sanitary sewer lines, the rehabilitation and video - documentation of 21 existing manholes, point repairs and construction of 2 new sanitary sewer manholes. The rehabilitation of the sewer lines shall be accomplished by pipe bursting. Manhole restoration shall be accomplished using a cementitious liner and high build epoxy coating. The construction of new manholes shall be accomplished by using fiberglass manholes. Base Bid Two Part A —Area F Park Road 22: This project consists of the replacement and video - documentation of approximately 1,500 LF of 10" and 12" diameter sanitary sewer lines and construction of 5 new sanitary sewer manholes. The replacement of the sewer lines shall be accomplished by open trenching. The construction of new manholes shall be accomplished by using fiberglass manholes. Part B — Area G Brooks Drive: This project consists of the rehabilitation and video - documentation of approximately 3,000 LF of 6" diameter sanitary sewer lines, the rehabilitation and video - documentation of 8 existing manholes, point repairs and construction of 1 new sanitary sewer manhole. The rehabilitation of the sewer lines shall be accomplished by pipe bursting. Manhole restoration shall be accomplished using a cementitious liner and high build epoxy coating. The construction of new manholes shall be accomplished by using fiberglass manholes. —222— H1USERSSMOMEWELMAMGENIWASTEWATERV400 1CONSTRUCTIOMAGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 Part C — Area H Omaha Drive: This project consists of the replacement and video - documentation of approximately 100 LF of 10" and 30 LF of 12" diameter sanitary sewer lines. The replacement of the sewer lines shall be accomplished by open trenching. Base Bid Three - Combines the scope of Base Bid One and Base Bid Two. BID INFORMATION: Bids were received on March 4, 2009 with four (4) bidders submitting proposals. The bids range as follows: Base Bid One from $1,648,930.00 to $3,296,310.00 $904,879.63 Base Bid Two from $805,096.00 to Base Bid Three from $2,454,026.00 to $3,169,449.26 Huff & Mitchell, Inc. of Cypress, Texas submitted the low bid. The City's consultant, Urban Engineering, has verified references of Huff & Mitchell, Inc., and all references have been complimentary. The City consultant, Urban Engineering, and City staff recommend that Base Bid Three in the amount of $2,454,026 be awarded to Huff & Mitchell, Inc. CONTRACT TERMS: The contract provides for the work to be complete within 820 calendar days of notice to proceed. Each phase of the Project shall be completed within the number of calendar days allocated as follows: Phase 1 - Area A + Area B + Area C 180 calendar days Phase 2 - Area G 170 calendar days Phase 3 - Area D + Area E 300 calendar days Phase 4 - Area F 140 calendar days Phase 5 - Area H 30 calendar days Total 820 calendar days —223— un rc,nrnreonennrrnereror irrinu,ervune RAfKRRel IND EXHIBIT "A" I Page 2of2 PRIOR PROJECT ACTIONS SUBJECT: Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 (Project No. 5238) CIP No. WW 18 PRIOR COUNCIL ACTION: 1. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. April 1, 2008 — Executed Amendment No. 9 to the Contract For Professional Services with Urban Engineering in the amount of $49,300 for the Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009. EXHIBIT "B" Page 1 of 1 H:\ USERSZHOMEWELMAR\OEN\ WASTEWATER V400\CONSTRUCTION\P,OIntECT ACTIONS 0 0 0 0 ED 00 zE og mo IThre raI 2 0 0 0 \ !O \ ( HS , - 23 ;]\ }22 ] & ) - \ - }(a - - - $3,20000 \ a ) (\/} - - ( . \ - - (} - - - \ ( - / 2 0 } � � \ ( 0 8 - ( 0 250.00 5,200.00 \ \ 280.00 420.00 65.00 20.00 � to 00 1.00 9,500.00 1- mat., L.P. idea Drive 55, TX 78336 § 2888/ : . , \(-- ----.- .- 8 36006'95 5P691'OIS 00•910'1.5 \ 0 /\ $210,9049: { 2 g e : } 621.00 4.284.20 1,524 28 152.43 216.32 6591 9.94 ; LE'E 000069 99'90 696 k \( Co.. Inc. lox 1438 5, AR 71902 )1. $31,200.001 „ 9 9. 5100.00 53,400,00' $2,500.00 52,500,00 5120.00 5120.00 5891000 $1,350.00 5440.00 ocialLn - . - -. -. w 8822 |( ;; 3.340.001 4,490,00 10.00 3,400.00 2,500.00 2,500.00 12.00 12.00 99 00 16.00 • 22.00 Ilchell, Inc. loge Street TX 77429 AMOUNT 51,200.001 $1,260.00 57,800,00 _ 5,000 001 (0 / ;\ |,8 2,600 00 }| 600.00 2,400.00 3,000.00 3,700.00 50.00 60.00 100.00 35.00 85.00 R \ /\ Date: Wednesday. Mann 4, 4pv 050 AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008.2009 (PROJECT NO. 7400) § ,t55 lww :l,=!!! :,la=,,,::, DESCRIPTION QTY. C - ; § =r :8g.9g8 °.9 / ` ° ) CO §\ V- 0Da w.. kb) _�1�.. , / :leaning and Video Recording of Sewer Lines 3efore and After Rehabilitation, complete In place ter LF Rehab of 6' VCP Sewer Pipe by Pipe Bursting to 8" 409E (0'-8' In Depth) complete In place per LF Rehab of 6' VCP Sewer Pipe by Pipe Bursting to 8' 4DPE 16' -10' in Depth) complete in place per LF install Service Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (0'.6' In Depth) ,. v 1125' compleeIn place per EA Pipe Rehabilitated Led by (with Cretin (6o0 Sewer wet Pipe RR' rmm�int by Pipe per (8' -10' m Depth) en 25' complete In place per E4 P Extra Length for Service Laterals (0•4' In Depth). I coin v IeteM place nee per LF Extra Length for 5nrv1Ce Laterals (6' -10' In Depth), 1 .....,.aem In nlnrn nor I F /_ 0.6 a ., )_ )- i! (a: i 4' Dia. Manhole Restoration with Cement and Epoxy ,Coating (8' -10' In Depth), complete In place per EA Internal Obstruction Removal. complete In place per EA New 4' Dia. Fiberglass Manhole (0' -6' in Depth), complete In place per EA Point Repair (Up to 10' in Length) of 6' VCP Sewer Pines 10• -6' In Depth). complete In place per EA =!!!t! !! ! (; ;!{| !! ! -1 - ,! "-EI! {t E 2 / \\ \{ tco . °°! !e gaga -0: !E •,0 =|a_...a ;, 2 /Age re . ®#-.! h ra..a \\\\) 0 -E ,` ;:! _°_ -6, !|g!: /§// f J EE » t as /)6 ®5! !§; l�.:§ \ /3!§ _ I i ,1.045' - w \ w - - -., I= ;; §}§§!§§ —225— |EXHIBIT "C j Page 1 @s Nees. LLC Inwood Street • LA 70082 AMOUNT tl S $1.650.001 100000'es S 512,600.001 $7,600.001 1 $i,000.00 $270.001 1001009'65 R o u r z m 4.001 65.00 m $ 2 3,200.001 o $ « m 8 $ 3.000.001 m N S 5,200.00 280.00 420.00 65.00 20.00 L 2]00 2$ 1- 9,500 00 10.00 50.00 g r. SLC Consl.. L.P. 1165 Rodeo Drive Aransas Pass, TX 78336 AMOUNT I 8. S �' $ 2 w 2 w 8 w o 5 ry w « « w « ««« 51,489,78 w 51,524.30 $ « "' « w 52.416.30 91,287,00 « w co UNIT PRICE t 8 73.62 75.00 2 1.099.861 1,247.18 ° 58.02 m N m e to o or 3.31 25 .74 1 7,000.00 Co.. Inc. Box 1438 3s, AR 71902 AMOUNT « « « w « « w « « « 53,650.00 $2,500 00 « UNIT PRICE l 5,000.001 60.001 58.00 IS 3,340.001 0 of 2,500 00 2,50000 12.00 15.00 22.00 6.00 20.00 2,000.00 o. or. Altchell, Inc. Ouge Street I, TX 77429 AMOUNT l $42,400.00 R 51.200.001 « v re n z z 0 « M 38.001 m 590.00 m e e N M $ N m 3,000 00 M n m 35.00 m 00'9 M 1 3,100.00 LL J Q W J W Q W Q W N J N l J U 050 AND WHITECAP WASTEWATER TREATMENT PLAN1 BASIN SANITARY SEWER REHABILITATION 2008-2009 (PROJECT NO. 7400) Qe z o u o W 0 W w in N . -a �- M m F m n f BASE BID ONE PART A Ie. AREA B- SANITARY SEWER IMPROVEMENTS Pre - Construction Video Taping and Photos, complete In place per LS Cleaning and Video Recording of Sewer Lines Before and After Rehabilitation, complete In place per LF Rehab of 6" VCP Sewer Pipe by Pipe Bursting to 8" HOPE (0' -6' In Depth), complete In place per LF Rehab of 6" VCP Sewer Pipe by Pipe Bursting to 6" HDPE (6' -10' In Depth). complete In place per LF Rehab of 8" VCP Sewer Pipe by CIPP (6-10' In Depth), complete In place per LF Install SeMce laterals (with Cleanup on Sewer Pipe Rehabilitated by Pipe Bursting (0'46' in Depth) up to 25', complete In place per EA Install Service Laterals (with Cleanoug on Sewer Pipe Rehabilitated by Pipe Bursting (6 -10' In Depth) up to 25', complete in place per EA Extra Length for SeMce Laterals (0' -6' In Depth), complete In place per LF Extra Length for Service Laterals (6-10' In Depth). complete In place per LF 4' Dla. Manhole Restoration with Cement and Epoxy Coating (0'-6' In Depth), complete In place per EA 4' Dla. Manhole Restoration with Cement and Epoxy [Coating (6-10' In Depth), complete In place per EA 5 g 5 e b §wE 2 rvte °o o8U c oc2 `o 'FEE K8EW a E S 2 Point Repair (Up to 10' In Length) of 6' VCP Sewer Pipe (0'-6 In Depth), complete In place per EA Point Repair (Up to 10' In Length) of 6" VCP Sewer Pipe (6-10' in Depth), complete In place per EA Extra length (Over 10' -0' In Length) for point repair of 8" VCP sewer pipe(0 "6 In Depth), complete In place per LF lava length (Over 10' -0" In Length) for point repair of 6" VCP sewer plpe(6' -16 In Depth). complete In place per LF Repair 2" HMAC Pavement and 12" Flexible Base. complete In place per SY Repair Concrete Sidewalk, complete In place per SF Repair Concrete Curb and Gutter, complete In place per LF Sod Restoration. complete In place per SY Fence Restoration, complete M place per LF Traffic Control, complete in place per LS Trench Safety, complete M place per LF Disposal of Contaminated Soil, complete in place per CY [Unanticipated Utility Allowance (Mandatory Allowance). complete In place per LS [TOTAL BASE BID ONE PART A -AREA B m m m m m m m m m m m m m m m m m t6 th 17 m m m m —226— EXHIBIT "C" Page 2 of 9 "r aS° a « w ea in se « w w « 53,000.001 w w w w « w w w « «w. 5,U uu $33,30300.00 « w m'°7 = m01° n w n F D W °° e W m m m N n 1,800.001 3,000.00 5,200.00 250.00 3.200 00'1 5.200 00 280.00 420 00 W m m 27.00 ° S ° W « n Mao Drive so, TX 78336 AMOUNT ad « w w w w w w w a gcl. w w« w w w « w 08°° w «« « w UNIT PRICE L6 73.621 $40,200.00 75.00 « - « < w w m v'° ° « 52.500.00 2.128.651 5120 00 152 43 512000 216.32 w w - w 5220 00 47.20 $1,80000 469 eo oS e ww a °o « °° « Z; Co.. Inc lox 1438 s, AR 71902 i a s a w « 0 w Ur FE r z 5,000.001 ° ° W 3.340 001 4,490 00 2.500.00 3,400.00 10.00 2,500.00 2,500 00 12.00 12.00 48 00 11 7,000.0( lichell, Inc. uge Street TX 77429 AMOUNT $5,000.001 525,46000 w w w 51,260 00 $ w w « « w « „ w w«« « « at « U A h Z J n m m F v v tV '7 N 2,400.00 600.00 3,000.00 3,700.00 50.00 60.00 35.00 38.00 85.00 8.00 m n 050 AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008-2009 (PROJECT NO. 7400) Z J j J W W W W Q W W W W J J N NN J co � J U J DESCRIPTION QTY. m v m 9 .. r2 n 5 -- 5 5 w m „5 BASE BID ONE PART A N w w K w N i N Q ° yaj p Q 're- Construction Video Taping and Photos, ole mp t& In 0 lace ner IS Iefor ;leaning and ter Video Retarding of millet Lines lafore and After Rehabilitation, cwnplele In place ter LF iehab of VCP Sewer Pipe by Pipe Bursting to e- IDPE (0' -6' In Depth) complete In place per LF iehab of 6' VCP Sewer Pipe by Pipe Bursting to 8" 1 4DPE (6' -10' In Depth). complete In place per LF nstall Service Laterals (with Cleanout) on Sewer pipe Rehabilitated by Pipe Bursting (0' -8' In Depth) 101025' complete In place Der EA nstall service Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (8'10' in Depth) u io 25• complete In place per EA Extra Length P ace P ar Service Laterals (0' -8' In Depth), m late In l er LF Ex Extra Length fore per nor I L Laterals (6' -10' In Depth), P m kta In lace 4p p 4' Manhole Restoration with Cement and Epoxy Coating 10-8 In Depth), complet e In plac e per EA °W N nO p EE °$ 0g p .5 o c b � 2q0 q s 0 S O L ° 6212 tcg w$2 m'I y N W ° ° E i W 2E u 8ego d ° o 959 at anaa m c . - aW WOY o E c`a Zu M1aa. a N . W Q m N N E a m - ` E >v 8 x L o3`c _ 2 -is .°g o W m a. ° n o c m- a c 2° rcm V a > >8-n�aug Wgee a (0 co n6 m - m WN g LLmN §, "5 a K w w n Y um ce W 0,2 G fE ID, o@ , aga u - - Naiim o _ c m 5'.= o pp �mN , ra mm`E m c E8Eraa Em U o°TU 8 cc U° cee� a sz. m2 � C n aonr, ° c_Ju P ym �a° at, . Cr c p oW ° gw W J .. 13 . .. J .. _____ c J n J 0 ° W 0 J - �W m 0 J J m W ° J enm0(0 J tiJJJ 0 J 0 J F —227— IEXHIBIT "C" I Page 3 of 9 Mµes, LLC !n wood Street 1 LA 70062 AMOUNT o0000 8 8 8 8 8 8 S 8 S 8 00•095$ 00•009' IS �.._ 82.500.001 o UNIT PRICE [ e 70.00 85.00( 3.200 00 3,800.001 100'009'S 55001 e m 3,000.001 420.00! 850 001 65.00 20.00 27.00 N 7,000.00 SLC Const, L.P. 1 165 Rodeo Drive Aransas Pass, TX 78336 AMOUNT [ 8 3 8 m 3 3 o 8894.60 5993.60 825,474,60 UNIT PRICE [ m 0 R 0 76.381 r & m 1492.70 43.26 » r 3,607.32 4,991.00 m 2,542.65 m R ry in m 223.22 m e a e o FA m 25 74 r 3 Co., Inc. Box 1438 35, AR 71902 z» a "' n » N » 0 49 » » » ". » » 6. » » » » » » $2,500.00 57,000.00 » w ar z 0 5,000.001 m m 65.001 m 1,10000 1.300.00 22.001 3.340.00 4,490.00 e e 2.500 001 3.500.00' 15.00 22.00 2,500 00 50.00 r 1,000.00 111chell, Inc. 3uge Street TX 77429 AMOUNT m $13,500.00 m $ 1 $324,110.00 om 0. 0 N 45.001 55 001 590.00 1,000.001 40.00 42.00 100.00 c. m a 2,900.00 a m 4,500.00 50.00 m m 30.00 050 AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008.2009 (PROJECT NO. 7400) � J J J W Q W J Q a W W W W J J y , J U J DESCRIPTION CITY. [ e e PI n m n o m ry ry .- r m N m N •- BASE BID ONE PART E D. AREA 0- SANITARY SEWER IMPROVEMENTS 4 FN a 3= of P ° Cleaning and Video Recording of Sewer Lines Before and Atter Rehabilitation. complete In place per LF Rehab of 8" VCP Sewer Pipe by Pipe Bursting to 10'1 HDPE (0' -6' In Depth), complete In place per LF Il Rehab of 8" VCP Sewer Pipe by Pipe Bursting to 10" HOPE (6' -10' In Depth), complete In place per LF Rehab. Of 8" VCP Sewer Pipe by Pipe Bursting to 10" HDPE (10' -15' In Depth), complete In place per LF Install Service Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (0' -6' In Depth) up to 26, complete In place per EA Install SeMce Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (6' -10' In Depth) up l0 25', complete M place per EA Install SeMce Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (10' -15' In Depth) up to 25', complete In place per EA Extra Length for SeMce Laterals (0' -6' In Depth). complete In place per LF Extra Length for SeMce Laterals (6' -10' In Depth), complete in place per LF Extra Length for Service Laterals (10 -15' In Depth). .complete In place per LF 4' Dia. Manhole Restoration with Cement and Epoxy Coating (0' -6' In Depth), complete In place per EA 4' Dia. Manhole Restoration with Cement and Epoxy Coating (6' -10' In Depth). complete In place per EA 4' Dia. Manhole Restoration with Cement and Epoxy Coating (10'-15' M Depth), complete in place per EA Rehab. Of Drop Connection (10'-15' in Depth), complete In place per EA 'Internal Obstruction Removal, complete In place per EA Loin Repair (Up to 10' In Length) of 8" VCP Sewer Pipe (8' -10' In Depth), complete In place per EA Point Repair (Up to 10' In Length) of 8" VCP Sewer Pipe (10' -15' In Depth), complete In place per EA Extra Length (Over 10 -0' In Length) for Point Repair of 6' VCP Sewer Pipe (6' -10' in Depth), complete in place per LF Extra Length (Over 10'-0" in Length) for Point Repair of 6" VCP Sewer Pipe (10'-15' In Depth), comet. In place per LF Repair 2" HMAC Pavement and 12" Flexible Base, complete In place per SY Repair Concrete Sidewalk. complete In place per SF Repair Concrete Curb and Gutter, comps. in place per LF Sod Restoration, complete In place per SY Fence Restoration, complete In place per LF_ Tref0c Control. complete In place per LS Trench Safety, complete In place per LF Disposal of Contaminated Soil, complete in place per CY Unanticpated Utility Allowance (Mandatory Allowance), complete in place per L5 Use and Restoration of a City Park, complete In place per LS 'TOTAL BASE BID ONE PART'S - AREA D 0 o d o o o d o 6 o ry d m d v o " 6 m d r d m d m o o 0 0 ry m 0 0 e 0 N 0 o 0 r 0 0 0 m o o -228- EXHIBIT "C" Page 4 of 9 0 N U P N a rvlce5, LLC nwood Street , LA 70062 w w w w w 100099'LS 9N 49 UNIT PRICE ° 70 001 m 95.001 3,200.00 3,800 00 55.00 m m 3,000.00 4,800.00 $ SLC Const., L.P. 1165 Rodeo Ddve Aransas Pass, TX 76335 AMOUNT I $ 51 740.60 8 $6,900.00 UNIT PRICE co 73.621 76.38 56.02 to ci Co Inc . 3ox 1438 is, AR 71902 z a w to w w w w w '" w $ w w � w w $7000.00 w UNIT PRICE I NI 65.001 1,300.00 22.00 3.340.00 00000'9 7,000.00 !lichen, Inc. luge Street , TX 77429 AMOUNT UNIT PRICE I 5,000.00 45.00 0 590.001 650 OOI 0 0 0 0 42.001 00•00L 0 9 N 0 0 16 4,500.00 0 0 O5O AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008 -2009 (PROJECT NO. 7400) in LL LL 5 6 1 u- is 1 g 6 5 w DESCRIPTION OTY. n H m 8 m 0 m w R m to m BASE BID ONE PART B 1E. AREA E - SANITARY SEWER IMPROVEMENTS .re-Construction Video Taping and Photos, ,nmnlete In place oer LS weaning and Video Recording of Sewer Lines 3efore and After Rehabilitation, complete in place per LF Rehab of 8" VCP Sewer Pipe by Pipe Bursting 1010" HDPE (0' -6' in depth), complete In place per LF Rehab of 6" VCP Sewer Pipe by Pipe Bursting to 10' HOPE (6' -10' In Depth), complete in place per LF Rehab. Of B" VCP Sewer Pipe by Pipe Bursting to 10" HDPE (10' -15' In Depth), complete In place per LF Install Service Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (0' -6' in Depth) up to 25' complete In place per EA Install SeMee laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (6' -10' in Depth) up to 25'. complete In place per EA Install Service Laterals (with Cleanout) on Sewer Pipe Rehabilitated by Pipe Bursting (10' -15' in Depth) up to 25', complete In place per EA Extra Length for Service Laterals (0' -6' in depth), omplele In place per LF Extra Length for Service Laterals (6' -10' in Depth), complete In place per LF Extra Length for Service Laterals (10' -15' In Depth). Complete In place per LF 14' Dia. Manhole Restoration with Cement and Epoxy Coating (0' -6' In Depth), complete In place per EA 4' Dia. Manhole Restoration with Cement and Epoxy Coating (6 -10' In Depth), complete in place per EA 14' Ota. Manhole Restoration with Cement and Epoxy Coaling 110' -15' In Depth), complete In place per EA 4' Dia. Manhole Restoration with Cement and Epoxy Coating (Greater than 15' In depth), complete In place per EA Internal Obstruction Removal. complete In place per EA w w w w w w w w w �y 111 w W w w w -229- IEXHIBIT "C" I Page 5 of 9 m m v rn to a traces. LLC 3n 1 wood Street LA 70062 AMOUNT 1 69 a 69 N $17,000001 69 8 . $30,550.001 67,040.00 « 520,500.001 S $3,500.001 UNIT PRICE 1 N. 3.200.001 5,200 001 280.00 420.001 850.00 « 20.00 32.00 H 00'01 « SLC Const.. L.P. 1165 Rodeo Drive Aransas Pass. TX 78336 AMOUNT I S S S $1.037,150.71 to CV UNIT PRICE 1 4,422.281 3.843.301 223.221 35.881 25.741 7,000.00 r Co., Inc Box 1438 s, AR 71902 a $5,000.001 » « « » 1 $1,773,345.001 UNIT PRICE 1 2,500.00 8 3,500.001 100 EL 3,800.001 7,000.00 4itchell, Inc (lupe Street TX 77429 AMOUNT o $51.600.001 o $1,648,930.001 U rc a r z 0 2,400.00 3,000.00 3,700.00 4.200.00 50.00 60.00 100.001 35.00 38.00 m m F Z n a w a w ia (0 a w a w -+ a « h _ T w u J LL r u J w OSO AND WHITECAP WASTEWATER TREATMENT PLAN' BASIN SANITARY SEWER REHABILITATION 2008-2009 PROJECT 140.7400 H a w r e N a 2 w <, -8» •- 'TOTAL BASE BID ONE AREA A-E DESCRIPTION New 4' Di. Fiberglass Manhole (0',6' in Depth), complete In place per EA New 4' Dia. Fiberglass Manhole (6' -10' In Depth), complete In place per EA Point Repair (Up to 10' In Length) of 8' VCP Sewer Pipe (0' -6' in Depth). complete In place per EA Paint Repair (Up to 10' In Length) of 8• VCP Sewer Pipe (8' -10' In Depth), complete In place per EA Point Repair (Up to 10' In length) of 8' VCP Sewer Pipe (10' -15' in Depth), complete In place per EA Extra Length (Over 10' -0• in Length) for Point Repair of 8' VCP Sewer Pipe (0' -6' In Depth), comp). In place per LF Extra Length (Over 10' -0" in Length) for Point Repair of IT VCP Sewer Pipe (8' -10' In Depth). comp). In place per LF Extra Length (Over 1D -0" in Length) for Point Repair of 8• VCP Sewer Pipe (10' -15' in Depth), tom'''. In place per LF Repair 2• HMAC Pavement and 12' Flexible Base. complete In place per SY Repair Concrete Sidewalk, complete In place per SF Repair Concrete Driveway, complete In place per SF Repair Conaete Curb and Gutter, comp). In place per LF CO y G a E N rc N Fence Restoration. complete In place per LF 'Traffic Control, complete In place per LS [Trench Safety, complete In place per LF Disposal of Contaminated Soil, complete in place per'1 CY 'Unanticipated Utility Allowance (Mandatory Allowance) complete In place per LS Use and Restoration of a City Park, complete In place per LS rfOTAL BASE BID ONE PART B • AREA E n W m W m W 8 " W W 8 W N n W N W N N W w W « W 8 w m W "1 W m w W w —230— EXHIBIT "C" Page 6 of 9 802 co 2 8 , Ic z ' SLC onsl.. L.P Rodeo . 1165 Rodeo Drive 1 Aransas Pass, TX 78336 AMOUNT 1 )\ (\ 522,685.001 \ \ 51,556.70 $2,057 70 ; „ /44y;K#!sa#>r< - l 8 8 =E,l 8 O6'9L9'004 00'006'94 ; - 2 8 - ; ;_8 9 \ � 102.491 43.861 � \ � � � 4,574.08 6.90 1242 6,900.00 1 24.01 25.74 }Q 1 \ Co., Inc. lox 1438 A. AR 71902 • itchel!, Inc. Mae Street , TX 77429 8 co - $31,200.00 \ \ $16,250.001 -a- 51,200.00 51,260.00 - .a 2° 8, 0 6. UNIT PRICE �]| 590.001 0 ` 500.00( 1 2,400.00 1 3,200.00 30.00 38.00 8.00 CO 2.500.00 3,000.00 N OSO AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008 -2009 PROJECT 140. 7400) :! , 9998 !!! :!!,! „ :,,,__ DESCRIPTION QTY. r ; ;l� . a- ,|l..... ;, BASE 810 TWO PARTA 1F. AREA F - SANITARY SEWER IMPROVEMENTS 1 ,re- ConslmclIOn Video Taping and Photos, omplete in place per LS ]leaning and Video Recording of Sewer Lines 3efore and After Rehabilitation. complete In place F Remove Existing 10' PVC and 12" VCP and Replace New 15" PVC Installed by Open Trenching (0' -6' n Depth) complete In place per LF Remove ExISling 12" VCP and Replace with New 15" PVC Installed by Open Trenching (6' -10' In Depth) complete In place Der LF Install 10' SOR 26 PVC (Pressure Pipe) Force Main, complete In paw, per Install 16" C-905 DR 18 PVC Water Male, complete In place per LF Install SeMce Laterals (with Cleanoot) on New 15" PVC (0' -6' In Depth) up to 25', complete In place per EA Install Service Laterals (with Cleanout) on New 15' PVC (6' -10' In Depth) up to 25'. complete In place per FA Extra Length for Service Laterals (0'-8' In Depth). complete In place per LF Extra Length for Service Laterals (5 -10' In Depth), .mnnlom. In place oar LF 2 !! } j \22#| - ! ; ;|!!!$t /% a §8- §!2| t _ \\k\a JJ.8■! /a /i- I.1 {� ; § ;gg2l- Rg81Re| / ; ; d )\)!!!!}( W. §j -1=! iE) a o8 (( \!t | §,| 2 ! 2!! 8 ) /% : :: :: / \ \\ \\ \ \ \d. Cil CI' -231- |OwBT,"C j m@7@, cn 810 SeMCes. LLC 2207 Greenwood Street Kenner a mnm z t2 UNIT PRICE 1 SLC Cont., L.P. 1165 Rodeo Dnve Aransas Pass. TX 78336 14 -:.-- ;;; Fa vo i . 8 - ;;,4l; -- 9 - 88 54,422.20 $1,593.28 ! . 51,593.30 ;m . ;# ;, ;,l ;!!!K!! .---; ;l ;; UNIT PRICE /! § §( (� \) § 2,232.15 159.33 223 22 )�) /i) r Co . Inc. Box 1430 9s, AR 71902 AMOUNT 0 o z UNIT PRICE' Nltchell, Inc. (loge Street s, TX 77429 ) \ 582.460.001 j \ \ \ \ \ $7,800.00 56,000.00 \ \ ( $9.000.001 \( 2- j $7,906.96 8 / 5,000 001 5.00 | ;\ 650.001 § §((0 2,400.00 3.000.00 8.00 30.00 3,100.00 )( OSO AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION 2008.2009 (PROJECT NO. 7400) § ,! „ : !s,!!!l, :, !:!!&5,l;, o DESCRIPTION BASE BID TWO PART B G. AREA G - SANITARY SEWER IMPROVEMENTS Pre- Construction Video Taping and Photos, complete In place per LS Cleaning and Video Recording of Sewer Lines Before and After Rehabilitation, complete In place per LF . /! \ °� q Rehab of r VCP Sewer Pipe by Pipe Bursting to r HDPE (6-1011n Depth), comptete in place per LF Install Service Laterals (with Geanout) on Sewer Pipe Rehabilitated by Pipe Bursting (0' -6' In Depth) up to 25', complete in place per EA Install SeMce Laterah (with Cleanup on Sewer Pipe Rehabilitated by Pipe Bursting (8'-10' In Depth) up to 25', complete In place per EA Extra Length for SeMce Laterals (0' -6' In Depth), complete In place per LF Extra Length for SeMce Laterals (6'40' In Depth), complete M place per LF 4' Dia. Manhole Restoration with Cement and Epoxy Coating (01-8' M Depth). complete In place per EA 4' Dia. Manhole Restoration with Cement and Epoxy Coating (6' -10' In Depth). complete In place per EA Internal ObsWCtlon Removal, complete In place per EA New 4' Dia. Fiberglass Manhole (0' -6' In Depth), . complete In place per EA .Point Repair (Up to 10' In Length) of 8' VCP Sewer Pipe (0' -6' In Depth), complete In place per EA P01nt Repair (Up 1010' In Length) of 6' VCP Sewer Pipe (6' -10' In Depth), complete In place per EA Extra length (Over 10' -0' In Length) for point repair of 8' VCP sewer pipe(0' -6' In Depth). complete In place per LF Extra length (Over 10' -0' In Length) for point repair of 8' VCP sewer plpe(6' -10' In Depth), comptete In place per LF \ ! \a " )!!!7 e--& // !! /o fl ISM Restoration, complete In place per SY Fence Restoration, complete In place per LF Traffic Control, complete in place per LS Trench Safety. complete in place per LP Disposal of Contaminated Soll, complete In place per CY Unanticipated Utility Allowance (Mandatory Allowance), complete In place per LS 'TOTAL BASE BID TWO PART 8 - AREA G ; ; ; ;; ; : ;; ; ; ; ; ;; l;}i!; —232— EXHIBIT "C" Page 8 of 9 IEXHIBIT "C" I Page 9 of 9 m 0 m 0 m a rvices. LLC •nw0otl Street , LA 70062 Z 9 0 Z No Bld 9 m a z D mat., L.P. oleo Drive Iss, TX 78336 AMOUNT t 54,968.00 0 n 2 144351 rn� o 7,000.00 N m Co .. Inc. 3ox 1438 Is. AR 71902 AMOUNT t m m m 0 z UNIT PRICE Ilichell, Inc. :lugs Street , TX 77429 AMOUNT 0 0 1 5805,096.00 UNIT PRICE 5,000.00` m 8 20.00 800 8 OSO AND WHITECAP WASTEWATER TREATMENT PLANT IIG BASIN SANITARY SEWER REHABILITATION 2008 -2009 (PROJECT NO. 74001 _, J J J N U 8 N DESCRIPTION QTY.I 8 8 - 8 F < G. CO y a m N 2 Vuj i E 0 '^ re b Z LL K a i Pro .COn50uclI0n Video Taping and Photos, I rLS complete In p ace pa Remove Exist. 12' VCP and Replace with New 12' PVC Installed by Open Trenching (16' -16' In Depth), I t lace er LF Remove mp p Remove Ins Exist. 10' pen ren Replace with New Depth), PVC Installedne Open Trenching (16' -18' In DepIM1), I l in lace er LF Oewaeri p ewaterin9. complete in place per LF 8 . E 8 cK EE 8 c ug gu° Z OV o E4 j vi J Repair 2' HMAC Pavement and 12' Flexible Base, I1 lace er SV c0mpee rip P Repair Concrete Curb and Gulled complete In place ITnT4t RACE RID TWO AREA F. 0.14 x ry x m x x< 3m 0 2 f —233— PROJECT BUDGET OSO AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION FY 2008 -009 Project No. 7400 April 14, 2009 FUNDS AVAILABLE: Wastewater $2,763,731.00 FUNDS REQUIRED: Construction (Huff & Mitchell, Inc.) $2,454,026.00 Contingencies (10 %) 245,405.00 Consultant (Urban Engineering) 49,300.00 Reimbursements 10,000.00 Misc. (Printing, Advertising, etc.) 5,000.00 Total $2,763,731.00 —234— IEXHIBIT "D" I Page 1 of 1 \Mproject \council exhibits\ exh7400. dwg CORPUS C3-t121S77 BAY AS o�> L.aG'UJCA. 0so Creek r PROJECT SITE Whitecap WWTP 4j TECAP PROJECT #7400 LOCATION MAP NOT TO SCALE GULY 0.7 MEXICO EXHIBIT 'E' OSO AND WHITECAP WASTEWATER TREATMENT PLANT BASIN SANITARY SEWER REHABILITATION FY 2008 2009 CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3/12/2009 INIM IN= OW OM 14 AGENDA MEMORANDUM City Council Action Date: April 14, 2009 SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 AGENDA ITEM: 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 $25,420 for a total re- stated fee of $66,301 for the Existing Broadway Plant Requirements for design, bid, and construction phase services. ISSUE: This project consists of establishing and executing a rehabilitation project at the existing Broadway Wastewater Treatment Plant. The purpose is to repair all necessary facilities to maintain compliance with the regulations of the Texas Commission on Environmental Quality (TCEQ) and to extend the useful service life of the existing plant for at least four more years. FUNDING: Funding is available through the Capital Improvement Program FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services H: WOMETtachellelGEMWastewalsd7414- Existing Broadway Plant RequiremeW23 Itfl_ Wgenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 AMENDMENT NO. 1 DESCRIPTION: This project will provide for the rehabilitation of the existing Broadway Wastewater Treatment Plant to comply with TCEQ regulations and to extend the useful service life of the existing plant for at least four more years while the new Broadway Wastewater Treatment Plant is constructed. A. BASIC SERVICES: 1. Preliminary Phase. (COMPLETED UNDER ORIGINAL SMALL A/E CONTRACT) 2. Design Phase A. Study, Verify, and Implement Recommendations from the Final Letter Report dated January 20, 2009. B. Provide One (1) set of Preliminary Plans and Contract Documents for the City's Review The plans and contract documents will include rehabilitation recommendations for the following items: 1) Re -Lift Pumps 2) Splitter Box 3) Primary Clarifiers 4) Aerobic Digester 5) Odor Control System 6) Non - Potable Water System 7) Digester Operations Building (DOB) Pumps 8) Re- Circulation Pumps 9) Chemical Feed Pumps C. Prepare Final Quantities and Estimates of Probable Costs based on the FINAL drawings D. Assimilate All Review Comments, Modifications, Additions /Deletions E. Provide Pre -Final Plans and Bid Documents (100 %) F. Provide Quality Assurance /Quality Control G. Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy H. Submit Monthly Status Reports using the City's standard format H: WOMEWachella \GEMWaslewater\7414Existing Broadway Plant RequirementiflJ plo. 1Wgenda BackgraundAac EXHIBIT "A" Page 1 of 2 I. Provide a Storm Water Pollution Prevention Plan 3. Bid Phase A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Provide Addenda as Required E. Attend Bid Opening F. Revisions to Bid Documents G. Provide Bid Tabulation H. Provide Recommendation Letter concerning award of contract to City Engineer 4. Construction Phase A. Participate in Pre - Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month) F. Prepare Change Orders as authorized by City G. Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red-Line" Drawings, Prepare Record Drawings J. Review Monthly Construction Pay Estimates B. ADDITIONAL SERVICES 1. Permitting - TBD 2. Right of Way Acquisition Survey — TBD 3. Topographic Survey — TBD 4. Environmental Issues— TBD 5. Construction Observation Services- TBD 6. Start-Up Services — TBD 7. Warranty Phase - TBD 8. Provide SCADA Documentation — TBD EXHIBIT "A" Page 2 of 2 H: IHOME1 Rachelle \GEMWastewaleA7414.Existing Broadway Plant RequirementslfQ lo— WAgenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2008 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $40,881 for the Existing Broadway Plant Requirements project. —242— H:WOMEIRachalle \GEMWaslewater 17414- Existing Broadway Plant RequirementsWnd. No. 11Prior Aclions.doc EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 This project consists of establishing and executing a rehabilitation project at the Broadway Wastewater Treatment Plant to repair all necessary facilities to maintain TCEQ compliance and to extend the useful service life of the existing plant for at least four more years. To accomplish this task, LNV Engineering will evaluate the existing facilities, develop rehabilitation recommendations, and prepare the appropriate plans and specifications into a bid package. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Wednesday April 15, 2009 Begin Design Phase Friday June 19, 2009 Pre -Final Submittal Friday July 3, 2009 City Review Friday July 17, 2009 Final Submittal Monday (2) July 27 & Aug. 13, 2009 Advertise for Bids Tuesday August 11, 2009 Pre -Bid Conference Wednesday August 19, 2009 Receive Bids Tuesday September 8, 2009 Award by City Council Monday October 12, 2009 Pre - Construction Meeting Thursday October 22, 2009 Begin Construction Wednesday January 20, 2010 Construction Completion H:W OME1RaehelltAGENIWastewate r17414- Existing Broadway Plant RequiremenlsVeml 3utContred Summary.doc 4. FEES SUMMARY TASK ITEM OF FEES ORIGINAL CONTRACT AMENDMENT NO. 1 REVISED TOTAL CONTRACT Basic Services 1. Preliminary Phase $40,881 $0 $40,881 2. Design Phase $0 $20,335 $20,335 3. Bid Phase $0 $1,270 $1,270 4. Construction Phase $0 33,815 $3,815 Sub -Total Basic Services: $40,881 $25,420 $66,301 Additional Services 1. Permit Preparation (as applicable) $0 $0 $0 2. ROW Acquisition Survey $0 $0 $0 3. Topographic Survey $0 $0 $0 4. Environmental Issues $0 $0 $0 5. Construction Observation Services $0 $0 $0 6. Start -up Services $0 $0 $0 7. Warranty Phase $0 $0 $0 8. Provide SCADA Documentation $0 $0 $0 Sub -Total Additional Services: $0 $0 $0 Total Fee: $40,881 $25,420 $66,301 The estimated cost of construction for Existing Broadway Plant Requirements is $663,000. The basic services fee proposal for this project is $66,301. Therefore, the percentage of basic engineering services cost to construction cost is 10 %. H: 1HOME \Ractalle \GEMWastewatev7414- Existing Broadway Plant Requirementtrirt. 11Comrad Summary.rloc \Mproject \councilexhibits \exh 7414.dwg i CCP BEAR ono PROJECT SITE BR OADWAY WWTP tip'' .QC) v Ship Cha nr,P( /11111�®s___ I WAWA /4, a DINT 410 MOR CORPUS CHRISTI BAY 44, PROJECT #7414 LOCATION MAP NOT TO SCALE EXHIBIT 'D EXISTING BROADWAY PLANT REQUIREMENTS -245- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3/17/2009 15 AGENDA MEMORANDUM April 14, 2009 SUBJECT: Nueces Delta Coordination (Projects No. 8443) Contract for Coordination and Review AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional services contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $72,000 for consulting services necessary to coordinate review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion Demonstration Project (EDDP) including natural and man - induced physical conditions, relating to the limited natural freshwater and tidal inflows including man -made programs to enhance inflows to the Delta to increase productivity. ISSUE: Coordination and review of various monitoring projects affecting the Nueces Delta must be undertaken to achieve the objectives and requirements set forth by TCEQ and the U.S. Army Corps of Engineers. The programs to be coordinated and reviewed include the Rincon Bayou /Nueces Delta Projects, Allison Diversion Project, Nueces Feasibility Project, and other projects. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2008 -09 adopted Operating Budget. RE s ' ENND, ' N: Approval of the motion as presented. 4S?i�'tea it , . c Gustay. Gonzalez, • IP Director •f Water S rvices Attachments: Exhibit A: Exhibit B: Exhibit C: Additional Information Summary of Contract Location Map �f3 /c Pete Anaya, P. E. Director of Engineering Services —249— C ADOCUME- 1 \TammyH\LOCALS -1 \TemMAAPAAwdMemo.doc ADDITIONAL INFORMATION SUBJECT: Nueces Delta Coordination (Projects No. 8443) Award of Contract for Coordination and Review CONSULTANT: Alan Plummer Associates has been the lead City's consultant in addressing TCEQ environmental permits. They have particular expertise in the biological and chemical aspects of TCEQ and EPA regulations and guidance documents. Equivalent expertise is not possessed within the Corpus Christi MSA. The coordination and monitoring requirements have become increasingly complex. The review and integration of the various studies will be the responsibility of Alan Plummer Associates. PROJECT: The City has worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The complexity of monitoring has increased requiring coordination and review of a wide range of projects to ensure the City receives the maximum benefit from the various activities. The frequency and amount of future amendments will be based on the requirements of the various projects as determined by an annual assessment. The Consultant will coordinate and review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND), Allison Effluent Diversion Demonstration Project (EDDP) and Nueces Basin Feasibility Study (NBFS). The review will include natural and man - induced physical conditions, relating to the limited natural freshwater and tidal inflows including man -made programs to enhance inflows to the Delta to increase productivity. The projects requiring review and coordination include: Rincon Bayou Project • The Nueces Overflow Channel between the Nueces River and Rincon Bayou, and the Rincon Overflow Channel between Rincon Bayou and the upper northwestern portion of the Delta. These channels were originally constructed for the Rincon Bayou Demonstration Project conducted by the Bureau of Reclamation. • A pump station and pipeline to deliver up to 3,000 acre -feet of water per month from the Calallen Pool on the Nueces River directly into upper Rincon Bayou. The studies that are needed to due to the RBND Project implementation are: • Optimal management approaches for these inflows. • Whether there are beneficial impacts. • Whether there are adverse impacts on the Nueces River tidal segment below Calallen Dam. • Whether there are detrimental impacts on species of concern in the Delta. H: W OME \KEVINS \GEN\WATER\RINCON\2008- 2009 \AAPAAwdBkgExhA.doc —250— EXHIBIT A Page 1 of 2 Allison Effluent Diversion Demonstration Project In 1998, the City began discharging effluent from the Allison Wastewater Treatment Plant (WWTP) to the South Lake area of the Delta. Comprehensive water quality and biological data were collected on a year -round basis during the five -year period following initiation of the discharge, in accordance with the requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit for the Allison WWTP. The purpose of the sampling program was to determine if the diversion was beneficial or harmful to the environment; and, if it was beneficial, whether the City should receive a greater than 1:1 credit for the water discharged in the Delta. This credit might offset a portion of the water pass- through requirements for the Choke Canyon Reservoir /Lake Corpus Christi system. The five -year period ended September 2003. Since then, the TPDES permit only requires sampling to be conducted once each year. However, some data are collected quarterly in conjunction with the collection of data for the RBND. The scope and protocols for the annual sampling program are subject to approval by the TCEQ. Nueces Basin Feasibility Study & Other Projects In addition to the Delta projects directed by the City, there are several studies related to the Delta and Nueces Bay, which are directed by others. The City of Corpus Christi has direct or indirect involvement in these projects. The projects include: • Nueces Basin Feasibility Study (NBFS) — Is being directed by the U.S. Army Corps of Engineers (USAGE) (part of this project addresses the Delta). NBFS projects in the Delta will provide useful supporting data for the delta studies being directed by the City, as well as the studies specific to NBFS. The NBFS projects may include obtaining topographic and bathymetric data that can be used for constructing a hydraulic model of the Delta and evaluating the feasibility of additional effluent diversions. • Total Maximum Daily Load study of zinc in the Nueces Bay — Is being directed by the Texas Commission on Environmental Quality (TCEQ). • Texas Coastal Ocean Observation Network (TCOON) and monitoring of salinity for the Nueces Estuary Agreed Order, is being directed by the TAMUCC -CBI. • Ichthyologic studies are being conducted by the Texas Parks and Wildlife Department (TPWD). • Independent research projects — Various projects are conducted by TAMUCC-CCS and UTMSI which benefit the understanding of the Rincon Delta, estuaries and bays. • Water quality and bathymetry measurements are conducted by the Nueces River Authority. CONTRACT /FEE: The fee is not to exceed $72,000 and the Consultant will be paid only for those services undertaken. A contract summary is attached which describes the tasks to be undertaken. See Exhibit B. H: HOMEU(EVINS \GEN \WATER \RINCON\2008 - 2009 \AAPAAwdBkgEXhA.d0c —251— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY NUECES DELTA MONITORING PROGRAM 2009 -2010 SERVICES TO BE PERFORMED APAI hereby agrees to perform consulting services necessary to assist in the coordination and review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion Demonstration Project (EDDP) including natural and man - induced physical conditions, relating to the limited natural freshwater and tidal inflows including man -made programs to enhance inflows to the Delta to increase productivity. II. SCOPE OF SERVICES APAI will assist the City with the coordination and review of the various projects related to the Delta. A. TASKS APAI will complete the following tasks on an annual basis to document the results of the programs that are underway, make minor refinements to the programs based on study results, and provide opportunities for the researchers to exchange information and collaborate on the results of their respective studies. The anticipated tasks are described below. Task 1: Identify Annual Study Program Prior to the beginning of each fiscal year, APAI will discuss with each of the researchers, who collect data for the RBND and EDDP studies, the scope and budget for their respective programs in the coming year. During the development of the study scopes, APAI also will coordinate with TCEQ to confirm that the monitoring requirements of the TPDES permit for the Allison WWTP are met. As contracts for the studies are developed between each research institution and the City, APAI will review the draft contracts for conformance to the identified scope. APAI will prepare an Integrated Monitoring Plan (IMP) that documents all of the monitoring proposed to be conducted in the Delta in that fiscal year. The IMP will include studies funded by others (such as TCEQ and TPWD), as well as studies funded by the City, so that there will be a comprehensive summary of the activities in the Delta that year. The IMP will document active monitoring stations, types of studies, analyses to be performed, and frequency of monitoring for the applicable fiscal year. The plan will be delivered at the beginning of each calendar year. Copies of the draft IMP will be provided to the City and the research entities for review. The draft IMP will be revised, as appropriate, based on comments received; and the final IMP will be prepared. Copies of the final IMP will be distributed to the appropriate parties. Task 2: Document Study Results The RBND is a multi -year study. At a minimum, the following types of reports are expected to be prepared for these programs: • An annual report by each principal researcher that summarizes the results of their respective RBND studies for the year. Typically, these reports also present evaluations of the relationships of the current data to data from previous years. • RBND summary reports. These summary reports will cover multiple years and provide evaluations that integrate the data over time, as well as integrating the studies by the different researchers and disciplines. APAI assistance to the City with respect to these reports, may include, but not be limited to, the following: • Facilitate coordination between the researchers. • Review the reports; and, if appropriate, schedule meetings to discuss report findings. • Distribute the reports to appropriate parties. Examples of other types of reports that might be developed, and for which APAI may provide coordination, are Exhibit B Page 1 of 3 -252- Quality Assurance Project Plans and reports related to adaptive management strategies. Task 3: Coordinate Annual Workshops During the first quarter of each calendar year, APAI will assist in conducting a workshop where the appropriate entities will present the results of their studies during the previous fiscal year. In addition, any proposed changes to the monitoring program for the coming fiscal year will be discussed. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC -CBI, TAMUCC -CCS, TPWD, and TCEQ. APAI will provide the following types of support: • Schedule workshop; • Develop agenda and coordinate with presenters; • Moderate workshops; and • Document presentations and discussions. Task 4: Coordinate Meeting to Discuss Relocation of the White's Point Gauge Alan Plummer Associates, Inc., will assist in conducting a meeting to discuss relocation of the White's Point tide and meteorology station. Discussion will address the new location for the station, when it may be moved, and coordination that needs to occur to ensure that data is not lost and is consistent with the new gauge. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC -HRI, TAMUCC -CCS, TAMUCC -CBI, TPWD, TCEQ, and USACE. Activity B: Other Potential Tasks In addition to the above - described tasks, there are other tasks that the City may request APAI to perform. Examples of the types of assistance that may be requested include, but are not limited to, the following: Task 1: Coordinate With the Nueces Estuary Advisory Council The City may request APAI to attend meetings of the Nueces Estuary Advisory Council either to make presentations regarding Delta programs being conducted by the City, or to maintain awareness of the various management activities being conducted or proposed in the estuary. Task 2: Assist with Nueces Basin Feasibility Study As requested, APAI will provide technical support to the City for the NBFS. The services provided pursuant to this task may include, but not be limited to, the following: • Review and comment on the scopes of work for NBFS projects. • Attend NBFS workshops. If requested, assist in the development of materials to be presented on behalf of the City at the workshop. • Review and comment on documents prepared by USACE or NBFS contractors. • Coordinate with USACE regarding hydraulic modeling of the Delta. Task 3: Assist City to Identify and Make Application for Funds to Support Delta Study Costs If requested, APAI will explore the potential availability of grant funds to help support the cost of the Delta studies. APAI activities may include, but not be limited to, preparation of materials for grant applications and meetings with potential funding agencies. Task 4: Coordinate a Workshop on Operational Alternatives for the Calallen Pipeline Following the development of a basic hydraulic model of Rincon Bayou, and a period during which the City becomes experienced with the operational characteristics of the Calallen Pipeline, a workshop may be convened to identify the alternative operational modes for the pipeline that should be assessed. Subsequently, the alternative operational modes that have been identified will be evaluated in order to assist in the development of an operational plan that will optimize the environmental benefits achieved by the Exhibit B Page 2 of 3 -253- freshwater releases from the pipeline to the Delta. The workshop attendees would include, but not be limited to, the staff of the City, UTMSI, TAMUCC -CBI, TAMUCC -CCS, TPWD, and TCEQ. APAI would provide the following types of support: • Schedule workshop; • Develop agenda and coordinate with presenters; • Moderate workshop; and • Document presentations and discussions. III. FEES AUTHORIZED The City will pay APAI a fee not to exceed $72,000 for providing all services. Exhibit B Page 3 of 3 -254- File : \ Mproject \councilexhibits \exh.8443dwg. NUECES OVERFLOW CHANNEL / LaBONTE PARK Ili 37 RINCON BAYOU RINCON BAYOU NORTH LAKE PROJECT LOCATION (TYP. MONITORING STATIONS) NUECES RIVES • RIVER F.M. 624 0 c� W 1- 0 O U J J Q 0 0 W IJ W U CITY PROJECT No.8443 LOCATION MAP NOT TO SCALE 0 cc cc O 0 Q 71FR cc EXHIBIT "C" RINCON BAYOU DIVERSION AWARD OF CONTRACTS FOR MONITORING SERVICES _255_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -02 -2009 16 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: April 14, 2009 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with J. Palmer Green in the amount of $150,000 plus $1,950 in closing costs, for the purchase of fee simple property rights to land and improvements known as Parcel 3, described as Lots 1A through 1 F, the East 42.19 feet of Lots 13 and 14, and the West 50 feet of Lots 15 and 16, Block 1, Sunnyside Addition, with the street address of 1821 N. Port Avenue, necessary for the North Port Avenue, IH -37 to US 181 Street Improvement Project No. 6264, (Bond 2004), and for other related public purposes. ISSUE: The City's construction of the N. Port Avenue street improvements will require the need for off - street parking for vehicles parked along N. Port Avenue at several business locations. Approximately 22 vehicles will need to be relocated off the street right -of -way to enable construction of the street improvements. City staff searched for a location to acquire to construct the needed parking area. A property of sufficient size was located at 1821 N. Port Avenue which contains an office building and metal warehouse. The subject property is currently available for sale at $150,000. The City obtained an appraisal to justify the sales price of $150,000 and presented a formal written offer to the landowner, J. Palmer Green. An executed Real Estate Sales Contract has been received from the landowner and requires signature by the City Manager or his designee. City Council approval is needed for land acquisition expenditures in excess of $50,000. FUNDING: Bond 2004, Streets 550701 - 3542 - 00000 - 170525 RECOMMENDATION: Approval of the motion as present Attachments: Exhibit A Background Information Exhibit B. Parcel Location Map Exhibit C Parking Lot Layout Exhibit D Contract Summary ¢/3/09 Pete Anaya, P.E. Director of Engineering Services H: \HOME\EUSEBIOG \GENWgenda Items. Port St. Imps.Parcel 3.Green\&genda Memorandum.doc —259— BACKGROUND INFORMATION SUBJECT: North Port Ave., IH -37 to US 181 Street Improvements ( #6264), Bond 2004 Acquisition of Parcel 3, 1821 N. Port Ave. OVERVIEW: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider Bond Issue 2004, consisting of a number of ballot propositions to fund major capital improvements for the community. Part of this package was a project to construct improvements to Port Avenue between I.H. 37 and U.S. 181. Funding will also be obtained from the Texas Military Value Revolving Loan Fund. TxDOT and the Metropolitan Planning Organization will share 80% of the project costs including street design, street construction, and street lighting, with the City providing 20% of the cost. The City is also responsible for 100% of the cost for land acquisition and utility construction. The City's engineering consultant, MEI Engineering, identified twenty -five various parcels needed for this project ranging from fee simple acquisitions, utility easements, and temporary construction easements. A need for off- street parking was also identified by the consultant to alleviate the current on- street parking situation that will need to be corrected prior to construction of the N. Port Avenue street improvements. City staff was instructed to search for a potential site on N. Port Avenue to acquire for constructing a parking lot for approximately 22 spaces. The L- shaped property located at 1821 N. Port Avenue, shown on the attached Exhibit B, is available for sale for $150,000 by the landowner, J. Palmer Green. The parcel has dual zoning of 1 -2 Industrial and R1 -B, One - Family Residential Dwelling and contains a total of 21,576 square feet of land. The 1 -2 portion contains an office building and metal warehouse with a total of 6,481 square feet on six platted lots fronting N. Port Avenue. Both these structures, built in the early 70's, will need to be demolished in order to construct the parking lot as shown on Exhibit C. The vacant northeastern portion of the property, zoned R1 -B, can be used for future construction of two homes for the City's Infill Program. The City has obtained an appraisal from Corpus Christi Appraisal Service for the property in the amount of $160,000. An offer was submitted to the landowner for the list price of $150,000 in which he accepted. A Real Estate Sales Contract has been executed and submitted to the City for City Council approval. A summary of the contract is attached as Exhibit D. City Council approval is necessary for land acquisition expenditures which exceed $50,000. As per the landowner, this contract will be escrowed at Stewart Title Company of Corpus Christi. PRIOR COUNCIL ACTION: 1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on resident homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) —260— EXHIBIT A 1 of 2 3. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181 (Resolution No. 026827). 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field (Resolution No. 026830). 5. June 13. 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund (Resolution No. 026831). 6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181 (Resolution No. 026978). 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181 (Motion No. M2007 -095) 9. June 10, 2008 - 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 IH 37 to US 181. (Motion No. 2008 -147). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). FUTURE COUNCIL ACTION: 1. Award of contract for project construction and, 2. Authorize the acquisition of parcels whose cost exceeds $50,000. H:\HOME\EUSEBIOG \GEN\Agenda Items. Port St. Imps.Parcel 3.Green\Background.doc —261— EXHIBIT A 2 of 2 File : \ Mproject \councilexhibits \exh????.dw ct's / C01t21LS C91Rls71 LOCATION MAP NTS SUBJECT PARCELS PROJECT No. 6264 VICINITY MAP NOT 10 SCALE EXHIBIT B N. PORT AVE. - IH37 to US181 (#6264) Parcel 3 — J.Palmer Green / 1821 N. Pflrke. CITY COUNCIL EXHIBIT EP OF F NGN� B R ED D INC SECS PAGE: 1 of 1 DATE: 12/70 /2008 R1 -Et (vacant lots) EXISTING BUILDING TO BE REMOVED PROPERTY LINE PROPOSED PARKING LOT 2 SPACES„ WITH 9' X 19 STALLS I.,» �,..I ' LANDSCAPINQ AREA PORT AVE. b r lciv ivy;:been,""v7,r.ac.�tmrr .: ylYfi:a!A. „•• a9a:��vtar - OWNER: J. PALMER GREEN SUNNYSIDE ADDITION BLOCK 1 LOTS IA THRU IF Preece ma Nichols ssm s..0 SI” w >wr 1-4 zn - II) Trats, s Ew - [�.q ;n -ssm CITY OF CORPUS CHRISTLTEXAS NORTH PORT AVENUE ALTERNATIVE PARKING SCENARIOS J. PALMER GREEN PROPERTY JOB NO. MFInY91R DAT %CTOBER, 2007 CAEE 1 < 40' ESIONEO EG OlIR� 1Eq EG ncu4c JE TPALMER RE 14 PROPERTY E>�1B —263— EXHIBIT C Real Estate Sales Contract Summary This Contract is entered into by J. Palmer Green, whose mailing address is P.O. Box 9787, Corpus Christi, Nueces County, Texas 78469, Corpus Christi, Nueces County, Texas 78412 (called "Seller") and the City of Corpus Christi, a Texas home rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer"). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: A. Lots 1 -A, 1- B,1 -C, 1- D,1 -E, and 1 -F, Block 1, Sunnyside Addition according to the replat of Lot 1, portion of Lots 2, 15 and 16, as shown in the Map Records of Nueces County, Texas, in Volume 25, Page 53, together with all improvements situated thereon. B. East 42.19 feet of Lots 13 and 14, Block 1, Sunnyside Addition. C. West 50 feet of Lots 15 and 16, Block 1, Sunnyside Addition. Collectively called "Premises ". 2. Purchase Price - $150,000 cash for fee simple rights to the above described Premises. 3. Seller to provide a title insurance policy at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. All taxes to be paid by Seller, up to and including 2008. Taxes for 2009 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $1,000 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. a. This transaction will be closed through the Title Company on or before June 19, 2009, conditioned upon no exercise of a right of redemption by the Internal Revenue Service pursuant to the foreclosure sale conducted February 3, 2009. Seller gives Buyer possession of the Property by executing the General Warranty Deed. b. Notwithstanding anything in this Contract to the contrary, if the Internal Revenue Service exercises the right of redemption, then Buyer may cancel this Contract and receive a refund of the Earnest Money and shall be released of any further obligations, liabilities or claims hereunder. EXHIBIT D -264- c. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or designee. Buyer must execute this Contract within 30 days from the date of Seller's execution of this Contract or this Contract is void. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Buyer shall have 60 days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. 11. Seller is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. Seller makes the following representations and warranties: a. Seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by Seller in connection with the closing of the transaction. b. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. c. Seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. d. Seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be fumished to Buyer. e. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. f. Seller has not received notice from any governmental agency regarding the Seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. At buyer's cost, an on- the - ground survey will be provided to the Title Company prior to closing. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Time is of the essence in closing this transaction. H:MIOME\EUSEBIOG \GEN\Agenda Items\N. Port St. Imps.Parcel 3.Green \Contract Summary.doc EXHIBIT D -265- 17 AGENDA MEMORANDUM DATE: April 14, 2009 SUBJECT: CHRISTUS SPOHN SHORELINE HOSPITAL ZONE: SPEED LIMIT DECREASE AGENDA ITEM: a. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON AVERS STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. b. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON ELIZABETH STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. c. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON SANTA FE STREET BETWEEN AYERS STREET AND ELIZABETH STREET FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: Christus Spohn Shoreline Hospital has requested a reduction in the speed limit along Ayers Street between Santa Fe Street and Ocean Drive; Elizabeth Street between Santa Fe Street and Ocean Drive; and Santa Fe Street between Ayers Street and Elizabeth Street. Christus Spohn Shoreline Hospital is concerned about pedestrian safety. This request includes changing the speed limit from 30 Miles Per Hour to 20 Miles Per Hour between the hours of 8:00 a.m. to 5:00 p.m. weekdays only (See Exhibit B.) REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254, Schedule V, requires City Council Approval. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map 44f Pete Anaya, P.E., Director of Engineering Services —269— BACKGROUND INFORMATION REQUEST: Christus Spohn Shoreline Hospital has requested a reduction in the speed limit along Ayers Street between Santa Fe Street and Ocean Drive; Elizabeth Street between Santa Fe Street and Ocean Drive; and Santa Fe Street between Ayers Street and Elizabeth Street. Christus Spohn Shoreline Hospital is concemed about pedestrian safety. This request includes changing the speed limit from 30 Miles Per Hour to 20 Miles Per Hour between the hours of 8:00 a.m. to 5:00 p.m. weekdays only (See Exhibit B.) ISSUES: Delays to traffic will be negligible when considering the added safety for pedestrians as well as vehicles coming to and from the Hospital facilities. Pedestrians will be able to identify gaps in traffic easier and will be safer when crossing the street because of improved driver reaction times. REVIEWED BY TRANSPORATION ADVISORY COMMITTEE: The Transportation Advisory Committee met on February 16, 2009 to review the recommendation and unanimously voted to recommend approval to the City Council of the proposed Speed Zone changes from 30 Miles Per Hour to 20 Miles Per Hour for Ayers Street, Elizabeth Street, and Santa Fe Street between the hours of 8:00 a.m. to 5:00 p.m. weekdays only. EXHIBT "A" Pape 1 of 1 -270- ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON AYERS STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. A Service Alley: Running parallel to Everhart Road and Stonegate Way, from Bonner Drive to Curtis Clark Drive - -15 mph —At all times Avers Street: From Santa Fe Street to Ocean Drive - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Bayfront Landmass Service Roads: Coopers Alley L -Head, Lawrence Street T -Head, and Peoples Street T- Head - -from North Shoreline Boulevard and including the circulation roads within and surrounding the public parking lots - -15 mph - -At all times N: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA ITEMS \09 \041409 \041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc —272— 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. H: \LEG- DIR \Veronicao\1.ENG \1 AGENDA ITEM S \09 \041409 \041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc Z73 That the foregoing ordinance was reading on this the day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly read for the first time and passed to its second , 2009, by the following vote: 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 , 2009 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 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 0 Cte Veronica Ocarias Assistant City Attorney for City Attorney day of , 2009. Henry Garrett Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 AG E N D A ITEM S \09 \041409 \041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc —274— ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON ELIZABETH STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Elizabeth Street: From 100 feet west of the centerline of Ocean Drive to a point 75 feet east of the centerline of Third Street - -20 mph —At all times. Elizabeth Street: From Santa Fe Street to Ocean Drive - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Kosar Street: From the north property line of Naples Street to the south property line of Ayers Street - -20 mph - -At all times H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEM S109 \041409 \041409 ORD Amend 53 -255 speed limit on Elizabeth to 20 mph.doc —275— 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. H: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA ITEM S\09 \041409 \041409 ORD Amend 53 -255 speed limit on Elizabeth to 20 mph.doc —2 7 6— That the foregoing reading on this the ordinance was read for the first time and passed to its second day of , 2009, 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 , 2009 by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 \d cut 1 Veronica Ocanas Assistant City Attorney for City Attorney Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2009. Henry Garrett Mayor H:\LEG- DIR\VeronicaO \1.ENG \1 A G E N Z`�7 ITEMS \09\041409\041409 ORD Amend 53 -255 speed limit on Elizabeth to 20 mph.doc 7 ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON SANTA FE STREET BETWEEN AYERS STREET AND ELIZABETH STREET FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC x ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Roosevelt Street: From the west curbline of Ayers Street to the east curbline of Rojo Street - -20 mph - -At all times Santa Fe Street: From Avers Street to Elizabeth Street - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Shoreline Avenue: From Pearl Street to Coastal Avenue - -20 mph - -At all times 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 C:\D000ME- 1 \VERONI -1 \LOCALS- 1 \TemQfi 09 ORD Amend 53 -255 speed limit on Santa Fe to 20 mnh rinr intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. C: \DOCUME- 1 \VERONI -1 \LOCALS- 1 \Temp\0_42j .DRD Amend 53 -255 speed limit on Santa Fe to 20 mph.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, 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 , 2009 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 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 Veronica Ocana Assistant City Attorney for City Attorney day of , 2009. Henry Garrett Mayor C: \DOCUME- 1\VERONI -1 \LOCALS -1 \Temp \Opaty9 ORD Amend 53 -255 speed limit on Santa Fe to 20 mnh rinr 18 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: April 14, 2009) Case No. 0309-01 Ross and Judith Sisson: A change of zoning from a "B -2" Bayfront Business District to an "1 -2" Light Industrial District resulting in a change of land use from bayfront business to light industrial on the property described as 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located at 2502 and 2512 Laguna Shores Road. Planning Commission's and Staffs Recommendation (March 4, 2009): Denial of the requested "I -2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan for a pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy /training facility subject to the following (10) conditions: 1. Uses: The only use authorized by this Special Permit other than those uses permitted by right in a "3-2" Bayfront Business District is a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. 2. Animals: The pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility shall be limited to no more than 103 (8 Rabbits, 18 cats, 50 dogs, 27 chickens or 3 Turkeys or any other combination of the referenced animals not to exceed 103). 3. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. 4. Slaughtering: The slaughtering of animals on the property is prohibited. 5. Animal Waste: In accordance with Chapter 6, article IV, Section 6 -37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly -tight container until the waste is properly disposed. 6. Feed Storage: In accordance with Chapter 6. article IV, Section 6-38 of the City Code of Ordinances, the storage of feed must be kept in a rat - proof, fly -tight building, box, container or receptacle. 7. Ponding: Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. Maintenance: The property shall be kept in a neat appearance at all times. 9. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. 10. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of the Planning Commission and Staff's Recommendation. Staff's Summary: • Request: The owner is requesting a change in zoning from the "13-2" Bayfront Business District to an "1 -2" Light Industrial District for residential and pet grooming /boarding /rescue /shelter /therapy and small dog training facility uses. -283- .rstoric Background Information: January 12, 2004 Letter from Animal Care Manager Cherie Stuntz to Ms. Sisson indicating Small Breed Rescue is in violation of Maximum number of animals. Ms. Sisson is permitted to keep 14 animals and yet possesses 100 at the time the letter is sent. Ms. Sisson is given 5 days to respond. February 12, 2004 Response received from Ms. Sisson, citing improvements and a reduction of the number of animals by 40. March I, 2004 A/C Inspects Coastal Bend Small Breed Rescue giving instructions to make repairs and installs proper shelter for animals, conduct proper cleaning and sanitation. Pictures taken March 2, 2004 Work has begun on Costal Bend Small Breed Rescue. March 8, 2004 Citations issued for violations of Animal Care and Waste disposal. March 11, 2004 Ms. Sisson writes letter cites mistreatment by Animal Care Services. March 11, 2004 Animal Care meets with the Health Department and Code Enforcement. April 6, 2004 Animal Care issues additional citations for same violations. April 6, 2004 Mr. Sisson cites unfairness by Animal Care Services. May 18, 2004 records indicate Animal Care conducted an inspection no inspection report located. May 26, 2004, the City of Corpus Christi granted the applicant a Special Permit for the operation of a kennel/animal rescue facility (Ordinance No. 025773; SP04 -0I). December 28, 2004, the City's Animal Care Services Department performed an inspection and it was determined by the Department that the animal shelter failed to meet the minimum standards set by the State of Texas. The City determined that that shelter was not up to standards and prevented the shelter from receiving any more animals, but allowed the shelter to continue adopting out the animals to good homes while the shelter attempted to bring the facility up to standards. An inspection was planned for the facility within 60 -90 days. March 27, 2006, Animal Care Services conducts an inspection pursuant to Rule I1 Agreement — issued in County Court at Law Number Two. The inspection was unsatisfactory citing: Structural Soundness, ability to protect animals from injury and disease. Contamination by vermin of food and bedding. No parasite control Unsuitable methods for water and liquid waste removal. Employees had no access to washrooms or basins. Improper record keeping No provisions for animals during inclement weather Failure to meet zoning and code regulations -284 - Failure to Rena rate an;m,ln l . nry __J L__LL Failure to have and post SOP No emergency contact numbers posted. 57 various animals + 20 rats at time of inspection September 6, 2006, the Applicant received a Nueces County Court Order (attachment 9D), ordering the Applicant's property to be inspected by the City's Animal Care Services Department to determine whether the property met the standards and code requirements of the City's Animal Care Services Department. Upon meeting the requirements of the code, animals that were previously confiscated by the City and placed in the care of PALS animal shelter would be returned. On September 7, 2006, the City once again inspected the property and issued an unsatisfactory rating for the shelter and the shelter did not meet the standards and applicable codes. On March 7, 2007, both parties appeared before the Nueces County Court for a hearing related to the case and, having reached an agreement, the case was dismissed by the court. On January 15, 2009 the applicant met with the City of Corpus Christi to discuss the non - compliant issues associated with the subject property. The applicant was informed that the special permit for the operation of a kennel/animal rescue facility had expired and therefore the applicant is not in compliance with the City's requirements. Accordingly, the following issues were discussed: o Only six dogs are allowed for personal use and they must be registered annually and vaccinated. o The exterior sign with the name of the rescue must be covered until the appropriate permits are obtained to operate the facility. o Application should be made through the Department of Development Services for a change in zoning. The Applicant was given 45 days from the time of inspection by Animal Control to complete the re- zoning application process. The Deadline date is March 9, 2009. • Existing Land Uses: The subject properties are currently a residential and pet grooming /boarding / rescue /shelter /therapy /training center use. A single - family residence is located to the south; the remaining lots to the east, west, and north of the subject properties are vacant. • Existing Zoning: The subject property is zoned `B -2" Bayfront Business District. The purpose of the base zoning of `B -2" Bayfront Business District is to provide for a wide variety of business and commercial uses. The `B -2" Bayfront Business District requires a 20 -foot front yard setback and 10 foot side and rear yard setback for dwellings only. The `B -2" has a minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. There is no maximum number of units per acre. • Proposed Zoning: The `1 -2" District provides for the requested animal rescue component of the request, in addition to light manufacturing, fabricating, warehousing and wholesale distributing uses in high or low buildings with off -street loading and off -street parking for employees and with major access by major streets or railroad in either central or outlying locations. The "I -2" District permits retail uses and limited manufacturing, i.e., pharmaceutical products, dairy products, parts assembly, bedding, furniture, heavy automotive repair, bus garage and repair shop, contractor's shop and storage yard, vehicle impound yard and wholesale houses and distributors. This district does not allow any type of permanent or temporary lodging except a caretaker's quarters. Residential development is prohibited. e3 QQ pp H:\PLN- DIR\SHARED \I. Planning Commission \2009 CCUp309 -01 Ross and Judith Sessions B -2 to 1 -2doc The "I -2" District requires a twenty (20) foot front yard setback. There are no side or rear yard setbacks unless adjacent to a residential district. Along residential adjacency, a minimum ten (10) foot building setback is required. The "I -2" district does not have any height or floor area ratio limitations. • Transportation and Circulation: The subject properties have access to Laguna Shores Road. Currently, Laguna Shores Road is designated by the Urban Transportation Plan as a collector street. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to `collect" neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street System should not create high speed "short cuts" through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On- street parking and direct access to homes from this street type is discouraged. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Flour Bluff Area Development Plan. Plat Status: • 2502 Laguna Shores Road - Unplatted • 2512 Laguna Shores Road - Platted Notification: Of the ten (10) notices mailed to the surrounding property owners zero (0) notices were returned in favor and two (2) notices (10.53 %) were returned in opposition. The 20% rule is not invoked. The 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. While the 20% rule is not invoked, staff considers this case to be controversial due tij neighborhood concerns. FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (March 4, 2009) 3) Ordinance and Site Plan H.\PIN- DIRtSHARED \I. Planning Commiss on\2009 CCApri (If6tigt., tiA. Juan Perales, P ., Interim Assistant City Manager of Development Services 309-01 Agenda Memo - Ross and Judith c...:., Senior Piano f1 CITY COUNCIL ZONING REPORT Case No.: 0309 -01 Planning Commission Hearing Date: March 4, 2009 Applicant Ross & Judith Sisson (Coastal Bend Small Breed Rescue) Owner: Same Representative Same Address: 2502 Laguna Shores Road, 2512 Laguna Shores Road Legal Description/Location: Flour Bluff & Encinal Garden Tracts, 1.4 acres out of Lot 23 Section 54; and Gadwell Addition, Lot 2, Block I. From "3 -2" Bayfront Business District To "I -2" Light Industrial District Area 2.4 acres (1.4 acres + 1.0 acre) Purpose of Request Residential and continued use of an existing pet groom/boarding business, small dog/cat rescue shelter and dog therapy /training facility. Site North South East West Zoning "B -2" Bayfront Business District "B -2" Bayfront Business District "B -2" Bayfront Business District "B -2" Bayfront Business District "A -2" Apartment House District Existing Land Use Pet grooming /boarding / rescue /shelter and therapy / training center Vacant Land Low Density Single Family Residential and Vacant Land Vacant Land Future Land Use Commercial Commercial Commercial and Medium Density Residential Commercial Vacant Land Conservation/Preservation Area Development Plan The Flour Bluff Area Development Plan's adopted future land use map recommends the subject property be developed with general commercial uses. Map No. 035029; 113 -05 Violations: Applicant currently does not have a permit to operate the coastal Bend Small Breed Rescue. Therefore, the Applicant is not in compliance with the City's requirements. —287— y Council Zoning Report ase # 0309 -01, Ross and Judith Sisson Page 2 Staff's Summary • Request: The owner is requesting a change in zoning from the `B -2" Bayfront Business District to an "I -2" Light Industrial District for residential and pet grooming /boarding /rescue /shelter /therapy and small dog training facility uses. • Historic Background Information: January 12, 2004 Letter from Animal Care Manager Cherie Stuntz to Ms. Sisson indicating Small Breed Rescue is in violation of Maximum number of animals. Ms. Sisson is permitted to keep 14 animals and vet possesses 100 at the time the letter is sent. Ms. Sisson is given 5 days to respond. February 12, 2004 Response received from Ms. Sisson, citing improvements and a reduction of the number of animals by 40. March I, 2004 A/C Inspects Coastal Bend Small Breed Rescue giving instructions to make repairs and installs proper shelter for animals, conduct proper cleaning and sanitation. Pictures taken March 2, 2004 Work has begun on Costal Bend Small Breed Rescue. March 8, 2004 Citations issued for violations of Animal Care and Waste disposal. March 11, 2004 Ms. Sisson writes letter cites mistreatment by Animal Care Services. March 11, 2004 Animal Care meets with the Health Department and Code Enforcement. April 6, 2004 Animal Care issues additional citations for same violations. April 6, 2004 Mr. Sisson cites unfairness by Animal Care Services. May 18, 2004 records indicate Animal Care conducted an inspection no inspection report located. May 26, 2004, the City of Corpus Christi granted the applicant a Special Permit for the operation of a kennel/animal rescue facility (Ordinance No. 025773; SP04 -01). December 28, 2004, the City's Animal Care Services Department performed an inspection and it was determined by the Department that the animal shelter failed to meet the minimum standards set by the State of Texas. The City determined that that shelter was not up to standards and prevented the shelter from receiving any more animals, but allowed the shelter to continue adopting out the animals to good homes while the shelter attempted to bring the facility up to standards. An inspection was planned for the facility within 60 -90 days. March 27, 2006, Animal Care Services conducts an inspection pursuant to Rule 11 Agreement issued in County Court at Law Number Two. The inspection was unsatisfactory citing Structural Soundness, ability to protect animals from injury and disease. Contamination by vermin of food and bedding. No parasite control —288— sty Council Zoning Report Case # 0309 -01, Ross and Judith Sisson Page 3 Unsuitable methods for water and liquid waste removal. Employees had no access to washrooms or basins. Improper record keeping No provisions for animals during inclement weather Failure to meet zoning and code regulations Failure to separate animals by sex and health Failure to have and post SOP No emergency contact numbers posted. 57 various animals + 20 rats at time of inspection September 6, 2006, the Applicant received a Nueces County Court Order (attachment 9D), ordering the Applicant's property to be inspected by the City's Animal Care Services Department to determine whether the property met the standards and code requirements of the City's Animal Care Services Department. Upon meeting the requirements of the code, animals that were previously confiscated by the City and placed in the care of PALS animal shelter would be returned. On September 7, 2006, the City once again inspected the property and issued an unsatisfactory rating for the shelter and the shelter did not meet the standards and applicable codes. On March 7, 2007, both parties appeared before the Nueces County Court for a hearing related to the case and, having reached an agreement, the case was dismissed by the court. On January 15, 2009 the applicant met with the City of Corpus Christi to discuss the non - compliant issues associated with the subject property. The applicant was informed that the special permit for the operation of a kennel/animal rescue facility had expired and therefore the applicant is not in compliance with the City's requirements. Accordingly, the following issues were discussed o Only six dogs are allowed for personal use and they must be registered annually and vaccinated. o The exterior sign with the name of the rescue must be covered until the appropriate permits are obtained to operate the facility. o Application should be made through the Department of Development Services for a change in zoning. The Applicant was given 45 days from the time of inspection by Animal Control to complete the re- zoning application process. The Deadline date is March 9, 2009. • Existing Land Uses: The subject properties are currently a residential and pet grooming /boarding / rescue/shelter /therapy /training center use. A single- family residence is located to the south; the remaining lots to the east, west, and north of the subject properties are vacant. —289— City Council Zoning Report Case # 0309 -01, Ross and Judith Sisson Page 4 • Existing Zoning: The subject property is zoned `B -2" Bayfront Business District. The purpose of the base zoning of "B -2" Bayfront Business District is to provide for a wide variety of business and commercial uses. The `B -2" Bayfront Business District requires a 20 -foot front yard setback and 10 foot side and rear yard setback for dwellings only. The "B -2" has a minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. There is no maximum number of units per acre. • Proposed Zoning: The "I -2" District provides for the requested animal rescue component of the request, in addition to light manufacturing, fabricating, warehousing and wholesale distributing uses in high or low buildings with off- street loading and off- street parking for employees and with major access by major streets or railroad in either central or outlying locations. The "I -2" District permits retail uses and limited manufacturing, i.e., pharmaceutical products, dairy products, parts assembly, bedding, furniture, heavy automotive repair, bus garage and repair shop, contractor's shop and storage yard, vehicle impound yard and wholesale houses and distributors. This district does not allow any type of permanent or temporary lodging except a caretaker's quarters. Residential development is prohibited. The "I -2" District requires a twenty (20) foot front yard setback. There are no side or rear yard setbacks unless adjacent to a residential district. Along residential adjacency, a minimum ten (10) foot building setback is required. The "I -2" district does not have any height or floor area ratio limitations. • Transportation and Circulation The subject properties have access to Laguna Shores Road. Currently, Laguna Shores Road is designated by the Urban Transportation Plan as a collector street. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to `collect" neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street System should not create high speed "short cuts" through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On- street parking and direct access to homes from this street type is discouraged. • Infrastructure Demand: o Water: The City of Corpus Christi has a 2 inch (PVC) water line along the northern boundary of the subject properties. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along the northern boundary of the subject properties. o Stormwater: The City of Corpus Christi does not provide stormwater lines in the area. o Gas: The City of Corpus Christi has a 2 inch gas line along the eastern boundary of the subject properties. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics since 1993 show an increase from its lowest -290- City Council Zoning Report Case # 0309 -01, Ross and Judith Sisson Page 5 point of 733 crimes committed in 2003 to 839 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number thirteen (13), located at 1801 Waldron Road. • Environmental Constraints: o FEMA Flood Zone: Zone A; Area of high risk for flooding. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Flour Bluff Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City of Corpus Christi Charter Section V- Planning). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Flour Bluff Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. • FLOUR BLUFF AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: POLICY STATEMENT B.-1 The City Council, hereby, adopts the Land Use Plan and accompanying text, as a guide for future land use decisions. The Plan provides guidance for future development decisions including rezoning, platting, public services, and capital improvement planning. The land use plan supports environmentally sound development in Flour Bluff. The plan provides a compatible configuration of activities emphasizing a. Protection of residential areas; b. Identification of environmentally sensitive areas that should be preserved; c. Protection of the Naval Air Station from incompatible activities; and d. A parkway along the Laguna Shores shoreline. The future land use plan recommends those uses which are "most suitable ". Staff Comment: The request for an "I -2" Light Industrial designation is not consistent with the land use plan which supports environmentally sound development and the protection of residential areas in Flour Bluff. • CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to —291— City Council Zoning Report Case #: 0309 -01, Ross and Judith Sisson Page 6 revisions if conditions have changed since approval of an area development plan and /or if the proposed changes are consistent with the adopted comprehensive Policy Statements. Staff Comment: The Flour Bluff Area Development Plan supports "General Commercial" uses for the subject property. A change to "Light Industrial" uses would be inconsistent with the Comprehensive Plan. Traffic Count: Street R.O.W. Street Type Existing ROW and Paved Section Traffic Volume 2007 Gadwell Street Local 60 -foot ROW with 40 -foot back- to -back paved section N/A Laguna Shores Road Urban Collector 60 foot ROW with 40 -foot back - to -back paved section with hike/bike path. N/A Plat Status: • 2502 Laguna Shores Road - Unplatted • 2512 Laguna Shores Road - Platted Staff & Planning Commission Recommendation: Denial of the requested "I -2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan for a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility subject to the following (10) conditions: 1. Uses: The only use authorized by this Special Permit other than those uses permitted by right in a "13-2" Bayfront Business District is a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. 2. Animals: The pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility shall be limited to no more than 103 (8 Rabbits, 18 cats, 50 dogs, 27 chickens or 3 Turkeys or a combination thereof). 3. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. 4. Slaughtering: The slaughtering of animals on the property is prohibited. 5. Animal Waste: In accordance with Chapter 6, article IV, Section 6 -37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly - tight container until the waste is properly disposed. -292- City Council Zoning Report Case #: 0309 -01, Ross and Judith Sisson Page 7 6. Feed Storage: In accordance with Chapter 6, article IV, Section 6 -38 of the City Code of Ordinances, the storage of feed must be kept in a rat - proof, fly -tight building, box, container or receptacle. 7. Pondin : Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. Maintenance: The property shall be kept in a neat appearance at all times. 9. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. 10. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition 111 and in compliance with all other conditions. z Ts 8 'v 007 Ua Number of Notices Mailed: Favor - Opposition - (As of March 25, 2009) - 10 within 200 foot notification area; 0 outside notification area 0 (inside notification area); 0 (outside notification area) 2 (10.53 %) (inside notification area); 14 (outside notification area) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9.A. Meets and Bounds (2502 Laguna Shores) 9.B Final Plat (2512 Laguna Shores) 9.0 Site Map 9.D Rule 11 Document 10. District Uses 11. City Charter — Article V- Planning -293- • ;11' •• . • -••-:.”-v-ft • , •,•-• • - ,• , .• • ..vg ..7‘f lo 114 • 4Th • , • • 0 • ..71,_ , ,,..,•,: ; *6 ,,,47-,, 4i, 6, k/ .T;;,?6,4,' I'. (;' ->-' Naic r" "'"c„,, . C,' . ,t,'?,+ . .4::!.,' C'•!--1 •.-4, . . c,.,'C't• 1':•• j ---"-• a• , - k r - --Ci,>, /I- .- T,‘,..,,i:yHt.,--,o1(),-1.:Hfr_ •,' ,`-r,t-.- .-,•,;?:::•`,..,1=:;.' 6 ' '--'--'L6-::1764;' -4 ' A I' ''7 , ) .".4*-., 6 y 4 'r -'Ti-1ll6. '6.1- .?6;.:,:.:' / s'':'4'•4'. 2-,-744:,T-.,?.,''.1..,.rm,, ,"- rJ ti: , s•, % -,. - ...-` ' ' •_ .- T. ,. .. .„ , .. ;, "V.' ''4 '4'4':.'''' ' '''.,..'. ' •-•6* - ---, • " 0" • (47 pkff.'y -••-: %:••• 't- 02.192099 Preo•m-a 5P,R Department of Develoi CASE # 0309-01 1. NEIGHBORHOOD - 2007 AERIAL ..r7 Subject Property Refer to Ma & 2b for Neighborhood et.sziog Lc.'d Vas.. Also available Map Scale: 1•10,000 r __ r a , .. ISc R LP"` .ter �_�,_.L..,;fl LCP _` ER WATE,� LL LL fE, • } PRRR fl. IV ER L i a C RkD�..r L.L. P. _ri P .0 +. ,C. .. VAC `o;;•C /•kaP..'\. �4. n LP G • �_IDR ER Ltr'LL r- LFF�'uFL.Cl,LL L bC. tD! -'tL `A 41C pr FPP: r ;Air )- E- LC R. LF VAC - "'- ".'LLFS. „f_DRI_DFal • sue;.:'R TER ATE F. SUBJECT 3r PROPERTY '. ' ER WATE`. r. VAC nY ` LDR _I • r I I LC. VAC C? • VAC CASE # 0309 -01 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR Dr nsity Res- - MDR I•-ra1 r: ■.1 Density Res. - HDR , t' r Ile Home - MH urof+ bnal Office - PO aninercial - COM IW,I a`p L. CP Map Scale: 9:10,000 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Drainage Corridor - DC Conservation/Preservation - CP Water -FE 02/23 2009 Prepare° by SRR trnent of Development Seances LOCATION MAP 1. Sl +SJECT PROPERTY b" a City of Corp is Chrkii VAL. -L. -.7 ,, �� DRf , LDR `'�� '. . P :. fi's: LDR-^, VAC 0 VAC VAC WATER WATER VAC / LDR / g- • • • • /27///:' \` \ f o- i 0 - • '``SUBJEC^T! LDR VAC • VAC JA WATER WATER \� R VAT LDR LDR VAC \ LDR \\\\\ LDR VC,C�� VAC '-'97 WATER ER VAC 400 02/23 2009 Pre p. re0 By SRR rtrnent of Development Seances CASE # 0309 -01 2.b. SITE- EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR d Dr nsity Res- - MDR I--ra. id Density Res. - HDR Ile Home - MH nt- VAC vrofi bnal Office - PO munercial - COM Light Industrial - LI 1 Hi - Heavy Industrial - Hl ?`P Public Semi - Public - PSP Park GC f Drainage Corridor - DC CP Conservation/Preservation - CP n Water Map Scale: 1-2.400 ILOCATION MAP 1 D FSP PSP FsrSs GV PSPES PSPFS P'SPHS PSPIlMiS :MDR WATER L,' O. Tt;tt``? FSPATS MDR bl'll I E5 MDR " 'C ;_ nr IT —DR- CF SUBJECT PROPERTY :HATER CP 02/19 2009 Ptepare0 BY SRR Department of Development _ermcescF CASE # 0309 -01 3.a. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER ll Ra,aarch /Business Park - REP I - - Low Density Res. - UDR f Li _1 Light Industrial - LI - - !sity Res. - MDR Heavl Industrial - HI - ^gh Density Res. - HDR r _, Pub!„ Semi - Public - PSP Ile Home - MH - Park ,cant -VAC - Drainage Corridor - DC -o! Hofes-ional Office - PO 0P Dredge Placement - DP -- u.:1 Ct nurercial - COM l .1 Water rP Conservation/Preservation • CP Transportation Plan ./ ferib's Collector - - -- Ex pi ossr✓ays -- - -. Parkway °+°°4-} Rollroad Map Scale: 1:10.000 ILOCATION MAP MDR v7DF COM WATER CP 4p1) / il, >6,, ; fYi; .,SUBJECT' i' a` PR(P,E'&T'7 v' - WAFER cony 001' W,A TER CP WATER /04,23 2009 p4re0 By SRR _,nrcent Services • CASE # 0309 -01 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER id Ra,aarch /Business Park - RBP - - Low Density Res. - LOR f Li ] Light Industrial - LI -- - �' !sity Res. - MDR Heavl Industrial - HI - ^gh Density Res. - HOR Pub!„ Semi - Public - PSP Ile Home - MH Park - 1 ...cant -VAC - Drainage Corridor - DC ' 'on tonal Office - PO "P Dredge Placement - DP ,..✓cial -COM l ] Water ca Cnnservation/Preservation • CP Transportation Plan .4 +ferib's Collector - - -- Expr ass lvays -- - Parkway 4 °° +} R.:ilroad Map Scale: 1:2.400 ILOCATION MAP 0 SUBJECT PROPERTY e a City of Corp is Chrati 4rr .... ?r ;Kr CASE # 0309 -01 4. SITE- 2007 AERIAL Refer td Ma.? 2'or Neighborhood E •::r!� La.si Use 41so available di r.. !. !..ccte.:as.com ILOCATION MAP 4 / 10 %l R E R ENE ACRES FLOUR BLUE HOO.L TR-EX T 2r T PL AC 2/ 3h ES7TS L h AGUM MAYOR ":SAC °'E S.. SUBJECT PROPERTY B -2 R -1B r 0• N AN WnV"�. ✓ '�.. Y CASE # 0309 -01 5. SUBJECT PROPERTY Subject Properly 02!23)2009 Prepared Sy SRA Department of development Services 'LOUR & P' SCHOOL TR.EX R -1Bf, a ` �, / 11 taGE / SUNSET MINNETT ADD 2 NyN Na1 A -1 GADW "P1 SUBJECT PROPERTY 8 -2' 0 400 R--,71 s, 800 Feet 9;3009 Ftepa tEt1••By SRA deveto.ment Services CASE # 0309 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Al Apartment Hein District 1-1 Limited Industrial District 4 -IA anima- kouee District 1-2 4 oIi ledustrial District A-' Apar dint house DlnrSt 1-3 Heavy Industrial Dat10 HE Professional Office District PelD Planned Unit Development AT App M rf Tenri$t LLstrict $- A Lea Family Dw ilea oast rat B -1 Ibeigiaboi hoot: Pilaf/pap D>nmd Rare Onc Family Deeding t nnvlct P-14 finigiborhood Buslneso Pisa tot R -ir or- Fanlly Dxellig D >ri[ct B-2 Bayfinat Business District R-2 Multiple Dave ling Dlstdot L-1A Oa, nd Business District RA One Family Dw Ili g Diotria B -i Prairies destru. RE Residential Estate Disarm $-4 0nnral Business District R -H Toenbause DnePng District 8e Puny.; BuniiiesnDlsmet BP Spacial Peritiit BS Prima Business Otte District T-9 a Tier-el Trailer Park 0lbtdat ED Cori lie Christi Beach Design Dist T°14 Mnnufaetmad H nna Pnrk Dlstdat FR Farr Rib al Elate [ a Manufactured Home S bdivisaon H4 Matte pal- Guttural Landmark Distrait Preservation 101 .'M Pratt-try Ou.1v.31Y 00 vier 0, otrot 200 its or At Orvr,eea chi,, smiehablia aa'e noopuasdn COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0309 -01 Name: Ross & Judith Sisson Circled = FAVOR X = OPPOSED (Note The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 9 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 #2 Sam Marabito, PO Box 2949, Cedar Park, TX - See attached #3 Donald Winkley, 4518 Greensboro "This is a residential area next to Red Head Pond a State Park. Light industry zoning makes no sense. It was rejected previously. Sorry I will be out of town. I would love to appear in person to state my objections." II. Responses received from outside the 200 -foot notification area: Favor: Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: H \PLN- DIR\SHARED \l. Planning Commission \2009 PC(20O9 Public Comments \0309- 01.doc o3o1 WMY HEN OTHEY ASK FOR A ZONING CHANGE TO BAYFRONT BUSINESS AND THOUGHT IT MIGHT BE GOOD FOR THE REA. THIS PROPERTY IS RIGHT ACROSS THE STREET FROM MINE AND I INTEND TO BUILD RESIDENTIAL ON MY PROPERTY.THIS PROPERTY WOULD LEND ITSELF T TYPES AND WOULD ACTUALLY MAKE THE AREA BAYFRONT W AREA BAY GROW A LITTLE. I DONT SEE THAT THIS AREA IS WELL SUITED FOR INDUSTRIAL OF ANY SORT AND WILL LOWER THE RESIDENTIAL IN THE AREA AND CAUSE ALOT IT RESTRICTED TRAFFIC FLOW WITH LARGER VEHICLES. I SEE NO REASON FOR THIS AREA TO BE LIGHT INDUSTRIAL AND I SEE NO NEED FOR THE CHANGE. I OWN LIGHT INDUSTRIAL PROPERTIES AND THEY ARE NOT IN THE MIDDLE OF RESIDENTIAL AREA. I DONT SEE THAT THEY MIX WELL. LOWER END INDUSTRIAL PROPERTIES DO NOTHING FOR RESIDENTIAL AREAS, ESPECIALLY IN THE MIDDLE OF THEM, EXCEPT LOWER VALUE. I SEE MAJOR AMOUNTS OF INDUSTRIAL PROPERTIES IN THE ICORPUS INTO CHRISTI AREA VACANT AND SEE NO MIDDLE OF A RESIDENTIAL AREASON TO PUT ANOTHER ONE INTO THANK YOU FOR YOUR ATTENTION TO THIS. SAM MARABITO OWNER WELLS BRANCH BUSINESS PARK AUSTIN, TEXAS -312- 0 o11111128222 2/ 4 ACS OUT OF LTS 23 SEC 54 | ! 515 §| | e . (,�§«,. . ) § 0i! \§§ § ! ■ 5211| §|1§§ ;; : \ gam § (§! ! J_§| 2 |g !Mt); ,/e 3 8` ` i\ /\ ;!!;[!_:|; o | `;` g .., m \ \ 5 /)5 EEEEE 1 §§m§||§ §� | , ! !| A ABBI! \9° § I H412h l \ AA ham. A -313- ATTACHMENT 9.A 2502 Laguna Shores Lot #1 Legal Description: Being a portion of Lot No. 23 in Section No. 54 of the Flour Bluff and Encinal Farm and Garden Tracts, as shown by the map or plat thereof recorded in Volume "4 ", Pages 41 to 43, both inclusive, of the Map Records, Nueces County, Texas, to which reference is here made for all pertinent purposes, said tract; being more particularly described by mete and bounds as follows,; to-wit: BEGINNING at the point of intersection of the Northwest, boundary line of that certain tract of land conveyed by Wesley Ray Duncan, et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volurne 231, Page 132, of the Deed Records of Nueces County; Texas, and the c ^, Ivurf :.heafa t boundary line of Lot jilr), 23 for the Northeast sorrier of this tr!..:iet said corner bearing North 29 dew,.. East a distance of 1::20 feet and South 61 deg. East a distance of 3748 feet from the Southwest corner of said Section No 5'4 of the Flour Bluff and Encinal Farm and Garden Tracts; THENCE'., North 61 deg:, West along the aforementioned Northeast boundary line of Lot No. 23, a distance of 448 feet •to a 5/8" iron rod in the same, being the Northwest corner of the aforementioned Lot No. 23, for the Northwest corner of this tract; THENCE, South 29 deg. West along the Northwest boundary line of Lot No.: 23, pass a 5/8" iron rod at 39', it all a distance of 136 feet to a 5/8" iron rod in the same, for the Southwest corner of this tract; the same being the Northwest corner of a tract of land in the name of James M. Alphi'n et ux; THENCE, South 61 deg. East along a. .line that is parallel to the Northeast boundary lineof the tract. herein described, the same being the Northeast boundary line of said James M. 4lphiri et ux Tract, a distance of 448 feet to a 5/8" iron rod in the Northwest boundary line of that certain tract of land conveyed by Wesley Ray Duncan et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, for the Southeast corner of this tract; Thence, North 29 deg. East along the Northwest boundary line of the said L. F. Brothers Tract, as aforementioned, pass a 5/8" iron rod at 97' in all a distance of 136 feet to a 5/8" i on rod for the place of Beginning. —314— kPtoO Fy4 VICTOR S. MEDINA q 3419 y: r ('8'9PResst° • 0 ri FINAL PLAT: GADWELL ADDITION, BLOCK I , LOT 2, cORPUS CHRIST NUECES COUNTY, TEXAS. A1'TACHMLIN'l' 9.13 2512 Laguna Shores Lot #2 - rf. 30' DRAINAGE EASEMENTrr W 1?. DUNCRN N79'XT 1700' r. tau 4 Pavaa.p SCHOOL mR LAW #/A MJ.T 02C LOCATION MAP • • • Lot 3 Vol. 34 •P3.!25 NOTE: FOUNDATION FLOOR ELEVATION OF ANY BEY CONSTRUCTION 7O BE A MINIMS OF 22 FEET ABOVE SEA LB7EL. cr:, r /nt/ ?4, VOL. A. PG 41-43 NOTE: AVERAGE ELEVATION OF LOT 4.5 FEET ABOVE MEAN SEA LEVEL n 4 T . 597t Oo'W 9700' LAGUNA SHORES ROAD M o w GRAPHIC SCALE FEET STATE OF TEXAS: COUNTY OF MACES: This final plat Any private water supply and or to installation. STATE OP TEXAS: COUNTY OP NUECES: This final plat 24, /9 N /Comer, lot 23 .Sec.54, Ilan rt.. —rs LEG Being • tract more or less, Flour Bluff 1 [o as described Page 150 of t Texas. Plat c Garden Tracts 41 -43 of the STATE OF TEXA COUNTY OF NUE Public Survey plat is true knowledge and from a survey 1976. AP/ STATE OF TEXA COUNTY OF NUE certify that embraced with f" BLOCK I , LOT Texas; that I tV subdivided as W on said foreg Cr use forever; ▪ hereon are de y installation, utilities; th J purposes of d J This the 21st la 4 STATE OF TEXA COUNTY OF NUE authority, on Troy Aiphin, " name is subtle: writing, and the sew for therein expre This the 21st —E Notary P of GADWELL ADDITION,BLOCK I,LOT 2, approved by the Corpus Christi Nueco County N sewerage system shall be approved by the Corpus Christi - Nueces County Health Departs Dated the Al>�_ day of .41,4y , 1976. A > it? Public t Engineer, Nueces Canty, Texas. of the herein described prope4r•1 {poved by the Director, Department of Engineering WorteoPTHE TWO TWOE gsiwto cars is 4C---- 33o Let 2 LO S Or Se s I4171 s{ g • Not ties • 1 ATTACHMENT 9.0 r. 1 y 1 I PI PrH m 21 7, 4- /fl' --e LA %uNA SffoREs 1?). i 0 • ►� e- k ki i -316- 1/�i9Q A1 6i mft4) j ja allatcr UNA SNORES Roc FLOUR DLUFF 4 OA AND 6ARDEM ECT1osJ 54 w. 0 IS4ot.1 054 PM La6una Ss'- M. L - WA/. Yp CoL./ufY VOL. 511 f'6.424 -31 7- 71-, n9- )/ sy�� IL ti iv ?tonna Grooming Shop & Rescue 2512 Laguna Shores Concrete Pad With proper drainage & Septic System Pad size 100 feet long by 50 feet wide Pad is for round building — US Steel type Building to house kennel runs, rescue office, and training areas Sisson Residence 2502 Laguna Shores Chicken El 11 LaG►u ' s irncs W ct east 0 A3 0 9 - -a1 2008 10:50 FAX 381 880 5718 1/23/2008 11:27 FAX 881 880 ...18 DONNELL & ABERNETHY 11007/018 FAX NO. :3619532150 Mar. 23 2006 11:44AM P2 DONNELL & ARRRNBTBY 002 /003 IN THE COUNTY COURT OF NUECES COUNTY, TEXAS THE COURT AT LAW NUMBER TWO JUDY SISSON AND § ROSS SISSON § PLAINTIFFS § § VS. § § CITY OF CORPUS CHRISTI AND § ROBERT SMITH, INDIVIDUALLY § ET AL. § DEFENDANTS § CAUSE NO 06- 60233 -2 RUR.IC u wcLtE min TO THE HONORABLE JUDGE OF SAID COURT: Plaintiffs Judy Sisson and Row Sisson and Defendants City of Corpus Christi and Robert Sinitic, Individually, agree to the following: 1. Plaintiffs will pent* rho inspection of their residence and property by the Animal Cara Service Division of Corpus Christi forth, purpose of determining if said property meets applicable standards. Small Breed Rescue Shelter will also be inspected to determi ce if they meet applicable standards. • 2. Said inspection to occur within 3 working days of 3- 23-06. 3. If any deficiencies are found, Plaintiff will be given written notice of said deficiencies and will have 10 days within which to correct said deReieaoies, following with a repeat inspection will take place regarding tha deficiencies. This also eppliea to Small Breed Rescue Shelter, 4. Plaintiffs will not operate any shelter, boarding kennel, adoption shelter or the like on their property for themselves or —3 1 9— 08/28/2006 THU 11:44 [TX /RX 118 7832] 8002 8 10:50 FAX 361 880 5718 DONNELL & ABERNETHY Ioo8/o16 FAX N0. :3618532150 Mar. 23 2006 11:44AM P3 F /2008 11 ;27 PAX 981 880 .. 18 DONNEL[. a ABERNETHY Qjooa /o03 5. for any other entity without fleet obtaining the appropriate limns and permits required by law. Upon meeting code requirements pursuant to 1, 2, 3 and 4 above, the City will deliver those dogs now housed at PALS Animal Shelter as follows. a. 6 dogs to Judy and Ross Sisson, which doge will be deemed their personal pets whloh will be vaccinated and registered yearly. b. The balance of the annals now housed at PALS Animal Shelter will be delivered to the Small Breed Resew Shelter upon satisfactorily patsMg inspection by Animal Care Service Division for boarding and/or adoption. Pending reapplication for zoning permit by Small Breed Animal Shelter, said animals will be fostered tot to individuals whose name, address, and phone numbers will be provided to the Animal Care Services along with the name andtype of dog going to each individual. Plaintiff will relinquish all rights, title or ownership oftbess animals. 6. Plaintiffs will pay to the City of Corpus Christi the sum of 5250.00 previously ordered by this Court. • Brio Per ay for Judy Sim and Ross O.MTTYMIMW1111PUro0a Citnldptliab 11 Agedm 2 —320— A. A for the City of Rebart Smith y Christi and 03/23/2006 TRU 11:44 (TX /RX NO 7632] eh 009 - 77 - ARTICLE 14. "B-2" BAYFRONT BUSINESS DISTRICT REGULATIONS Section 14-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -2" Bayfront Business District. This district provides for a wide variety of business and commercial uses, but at the same time imposes certain conditions upon these uses with the intention of preserving a high character for an area of great scenic and economic importance to the city. Section 14-2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Any use permitted in the "A -2" Apartment House District. ( 2) Aquarium. (3) Auditorium or gymnasium. (4) Automobile parking Tots and accessory off - street parking spaces, provided that no parking spaces shall project into the required front yards. ( 5) Automobile rental agencies. ( 6) Bank, or loan association. ( 7) Boat sales and enclosed boat storage. (8) Bowling alley, dance hall, or skating rink. (9) Hotel, motor hotel, or motel. (10) Marina. (11) Museum. (12) Offices and office buildings. (13) Personal service uses, such as barber shops, beauty shops, tailor shops, dry- cleaning pickup stations, steam baths, messenger or taxi stations, or studios for artists, musicians, or photographers. (14) Restaurants with or without alcoholic beverages, tavern or club. (15) Retail store, but not convenience stores or auto parts sales. (16) Signs not exceeding sixty . (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area shall not exceed two hundred and sixty (260) square fret. The permitted square feet in sign area may be divided among several smaller signs, provided only one sign, not attached flat against a wall of the building shall be permitted for each lot or other area greater than one lot under one ownership. No sign which is other than flat against the wall shall in any event exceed one hundred fifty (150) square feet in area. In no case shall any sign project above the height of the building, and if attached flat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No agency of the City of 02/08 B-2 -321- - 78 - Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. (17) Swimming pool or natatorium. (18) Theater or amphitheater. (19) Accessory buildings and uses, except that outside storage and outside sales area are not permitted. (20) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. Section 14-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 14-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 14-5 Height and Area Regulations. The height and area requirements shall be as set forth in the chart of Article 24, and in addition the following requirement shall apply. 14 -5.01 No building, structure, or sign shall be permitted in the front yard area as set forth in Article 24. Section 14-6 Supplementary height and area regulations are contained in Article 27. 02/08 B-2 -322- - 44 - ARTICLE 9. "A -2" APARTMENT HOUSE DISTRICT REGULATIONS Section 9 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "A -2" Apartment House District. This, the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. Section 9 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R-1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple-family dwellings. ( 4) Boarding, rooming and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Apartment hotels. ( 7) Non -profit, religious, educational, and philanthropic institutions. ( 8) Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. ( 9) Accessory buildings and uses. (10) A sign identifying all permitted uses, except for one and two-family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi - family units, one (1) ground or monument freestanding sign, which shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lies of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi- family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. (11) Assisted living facility. (Ordinance 24566, 08/28/01) 02/08 AT -323- - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non - profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -324- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of' one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) if approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 -325- R -1A - 95- ARTICLE 20. "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the `1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1 -2 -326- - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 02/08 1 -2 -327- - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Pacer Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper macho products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including intemal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of -way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1 -2 -328- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy Toad vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will W properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R-1B", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20-6.03 Whenever any building in the "I -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -329- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -330- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "8-5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the 'B -4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 8-5 -331- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B", "R -IC" "R -2", "A -1 ", "A -IA ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -IB ", "R -1C" "R -2 ", "A -I ", "A -IA ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -332- - 85 - ARTICLE 16. "B -4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the 'B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B -1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Saks and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08 /28/01) 02/08 8-4 -333- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16 -3 Parking Regulations. The parking regulations for pemiitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 16 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -IB ", "R -1C" "R -2 ", "A -I ", "A -IA ", or "A -2" residential district. 16-5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an `R.-IA" "R -1B" "R -IC" "R-2", "A -I" "A -IA ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -334- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking Tots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. (6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) (8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales.within a building containing Tess than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Ana Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 (9) -335- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -IC ", "R -2 ", "A-1", "A -IA ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2 ", "A-1 ", "A-1 A" or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -336- B -1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of' high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single-family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851,02/18/97) ( 3) Multiple-family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. 02/08 ( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; -337- AB - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 114 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -338- Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -339- Zoning Report Case #: 0309 -01, Ross and Judith Sisson Page 8 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -340- Minutes REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, March 4, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Mark Adame John S. Taylor Absent: Govind Nadkarni STAFF: Johnny Perales, PE, Interim Assistant City Manager of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel S. Saldafia, AICP, Senior Planner Bob Payne, AICP, Senior Planner Annissa Garrett, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:32 p.m. by Chairman Garza. IV. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0309 -01 Ross & Judith Sisson — A change of zoning from "B -2" Bayfront Business District to "I -2" Light Industrial district resulting in a change of land use from general business to light industrial Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lot 2, located on the southwest corner of Gadwell Street and Laguna Shores Road Mr. Annissa Garrett, Development Services, presented the above case via PowerPoint, stating the applicants are Ross & Judith Sisson. Mrs. Garrett stated the applicants previously had a Special Permit but the Special Permit was revoked due to numerous violations including unsanitary conditions and too many animals. Mrs. Garrett stated of the ten notices mailed one was returned in opposition and zero were returned in favor. Mrs. Garrett stated the staff recommends denial of the requested "I -2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan for a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility subject to the following (10) conditions: 1. Uses: The only use authorized by this Special Permit other than those uses permitted by right in a `B -2" Bayfront Businessd £/trict is a pet groom/boarding business, small dog and Planning Commission Agenda March 4, 2009 Page 2 cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. 2. Animals: The pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility shall be limited to no more than 103 (8 Rabbits, 18 cats, 50 dogs, 27 chickens or 3 Turkeys or a combination thereof). 3. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. 4. Slaughtering: The slaughtering of animals on the property is prohibited. 5. Animal Waste: In accordance with Chapter 6, Article IV, Section 6 -37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly -tight container until the waste is properly disposed. 6. Feed Storage: In accordance with Chapter 6, Article IV, Section 6 -38 of the City Code of Ordinances, the storage of feed must be kept in a rat - proof, fly -tight building, box, container or receptacle. 7. Pending: Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. Maintenance: The property shall be kept in a neat appearance at all times. 9. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. 10. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Public hearing was opened: Judy Sisson, the applicant came forward and stated the property is near a wetlands area in Flour Bluff. She stated waste is double bagged and removed daily and her future plans for the facility include a therapeutic animal facility. She also stated she plans to adhere to the conditions of the Special Permit. Mr. Tony Clarkwell, Public Relations for the Coastal Bend Small Breed Center, stated he was dissatisfied with the support and services the applicant had received from Development Services with previous Special Permit and stated that if Development Services had not been in violation of their responsibilities according to the ordinance, the applicant would not have had to re- apply for the zoning change. Mr. Clarkwell also stated dissatisfaction with the Special Permit having expired after one year and the financial hardship placed on the applicant due to change of zoning application costs. In response to Mr. Clarkwell, Chairman Garza explained that the necessitation of reapplication was due to the applicants noncompliance with the previous Special Permit and conditions therein and not the fault of Development Services staff or the Planning Commission. Chairman Garza also explained that the Special Permit does not expire but has a time limit for the H:\PLN- DIR\SHARED \I. PLANNING COMMISSION \ 2009 CC\ APRIL '09 \0309 -01 SISSON MINUTES.DOC -342- Planning Commission Agenda March 4, 2009 Page 3 applicant to become compliant with the conditions of the Special Permit. Chairman Garza explained that once the applicant is compliant and in turn remains in compliance, the Special Permit is in effect and does not expire. Chairman Garza reiterated the reason for revocation of the previous Special Permit was due to the applicant's noncompliance with the conditions of the Special Permits and urged the applicant to become and remain in compliance with the Special Permit and the conditions therein. Public hearing was closed. Vice -Chair Huerta reiterated to applicant and Mr. Clarkwell the Special Permit is indefinite as long as the applicant abides by the use and conditions set forth. Vice -Chair Huerta also made applicant aware that if the applicant felt there were any conditions within the Special Permit the applicant could not adhere to, the applicant had the opportunity to voice those objections at this hearing. In response to Commissioner Taylor, Mrs. Garrett stated waste will be collected daily and kept onsite until properly disposed of. In response to Commissioner Tamez, Mrs. Faryce Goode - Macon, Development Services, stated the City of Corpus Christi's Evacuation Plan is limited to persons and is city -wide. In response to Commissioner Skrobarczyk, Mrs. Garrett stated the previous Special Permit was mentioned in the presentation and could be found in the zoning report as well. In response to Commissioner Skrobarczyk, Mrs. Goode -Macon stated the CIP includes both short and long term plans and the comprehensive plans reflect commercial development in the Laguna Shores area. In response to Commissioner Skrobarczyk, Mr. Payne stated future land use maps had already anticipated growth of the areas in question. Motion for denial of the zoning request and in lieu thereof approval of a Special Permit with the above stated conditions was made Commissioner Skrobarcyzk and seconded by Commissioner Kelly. The motion passed unanimously. H:\PLN- DIR\SHARED \l. PLANNING COMMISSION\ 2009 CC\ APRIL '09 \0309 -01 SISSON MINUTES.DOC -343- SITE PLAN GADWELL ADDITION. BLOCK 1 , LOT 2, CORPUS CHRIS1 'NUECES COUNTY. TEXAS. —1-31 °RAI-LASE ,�AJEMENrjr 14! R. DumAAt Kinn- nor 'tom f1� t:. aJea t V Meal •WIt Ott tS tit LOCATION MAP • • Vol, 34 P8.125 a� ' it7lrolnnaE MOW anent? 'c A77 iaI&ss. reas 4 KIM CP 1: sat mar 244 SECTION 54. VOL. R. PO 41 -43 ITJr MOWN ELEYATI01N 07 LOT 4.0 p (4 UVI A a 'A • le Lit WT 2 1 Arras F5 E. s 1 LEG B.lt3.. tr ,s4 a, ▪ 3,4n sort as lass, T } Hoer altdl t ivy &not ; la/ 231 se a �addbid SW" tritteilrat • WO of t 41-41 Watt a -ISarw F &G TR. $`act era, i .$)7.00`Wfloe 7 , .GUHA SHORES ROAD W WI UP TOM MINTY CP RIO Wile snow plat is taw laai ..A tem • wog Ain semen OP 7474* =WV 0P 4410. cattily WO .Sncel rick Ilm LOT ?elm 14th I Waid b.eas. X r1- laa n.i tWs 1011 eV .tusmn tb J WOWS of d • Wig tb. not Q MOW 4P TWA MOOR 4P WV whorl • M tt.p itflvn, we it sass etwriting, ri • ethe East tot - T -• .Wawa ups This tit snit GRAPHIC SCALE FELT 4 W OF IMO; WOW of **Lilt !M. Mil yIt .taAIMELL 0DCIT104,ILOGt1,LOT 2, alltor.d by Ws Utaws Any prints rant WOO 1-i OT Mssow vacs .ball be sweat by tM Corium Chinos• ianslloiion. betd tin ISa' iw at _ 1P74, p.bm. moo OP mum late.. mum W MOM; 7Pe. ilia plat of tte twit Aw.t led p.M.rty t7PT.%4A by tin Oir tt.r.- _asenLfl-eMNL.r_rRd}r- ip.F:..sr. iy+...eaa rl attic - ...xe.c�e'r....a+— vPwn�•. —1 Notasy n csr1stl pu.w. O.Jat7 Im Canty With Wins 4f#‘1( mt iti.t�ePasRG Cn1-a'a MM. Inprotaast .f asti.tnIn H:\PLN -DIR\ SHARED \I. Planning Cammission12131p oiI'09\ 0309 -01 Ross and Judith Sessions 13 -2 to L2.doc Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS W. AND JUDITH A. SISSON, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.4 ACRES OUT OF LOT 23, SECTION 54, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND GADWELL ADDITION, BLOCK 1, LOT 2, FROM "B -2" BAYFRONT BUSINESS DISTRICT TO "B -2 /SP" BAYFRONT BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A PET GROOM /BOARDING BUSINESS, SMALL DOG AND CAT RESCUE SHELTER AND DOG SERVICE AND THERAPY/TRAINING FACILITY, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross w. and Judith A. Sisson, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 14, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located on the southwest corner of Gadwell Street and Laguna Shores Road, from "B -2" Bayfront Business District to "B -2 /SP" Bayfront Business District with a Special Permit to allow for a pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy /training facility, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 035029; 113 -05) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: A. Uses: The only use authorized by this Special Permit other than those uses permitted by right in a "B -2" Bayfront Business District is a pet groom /boarding —345 - H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \4- 14 \0RD- zoning0309 -01- Sisson B- 2- special permit.doc Page 2 of 4 business, small dog and cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. B. Animals: The pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy /training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). C. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. D. Slaughtering: The slaughtering of animals on the property is prohibited. E. Animal Waste: In accordance with Chapter 6, Article IV, Section 6 -37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly -tight container until the waste is properly disposed. F. Feed Storage: In accordance with Chapter 6, Article IV, Section 6 -38 of the City Code of Ordinances, the storage of feed must be kept in a rat - proof, fly -tight building, box, container or receptacle. G. Ponding: Animal pens should be graded or covered so as to eliminate standing water in the pens. H. Maintenance: The property shall be kept in a neat appearance at all times. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. J. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. -346 - �... �.. ......c�_.,.w ern I ne■ cur c"ennn 0.. en. 1aU_Invwfl7nninnf13n9- n1- Sisenn R- 2- eneeial nermit dnc Page 3 of 4 SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of April, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 6, 2009 eborah Walther Brow Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi —347- -I:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \4- 14 \ORD- zoning0309 -01- Sisson B- 2- special permit.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 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, City of Corpus Christi 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 McCukchon —348- '441 cr_ f ID Chnrams cnai _ncv s rr.msnno ananr ma- ta\nRD- zonina0309 -07- Sisson B- 2- soecial oermit.doc 10 PLOUR BLUFQ CHOQL TR•BX CJ \9 3 RE/ E S ACRES & FISHING Cl. FROM: "8-2" TO: "B -2" (SP R-1B F7.1u. JY OC:'S�7 anvIoo, PI/pxdByt R Department alOawlapanMSarvku CASE # 0309 -01 EXHIBIT A: STAFF AND PLANNING COMMISSION RECOMMENDATION FROM: "B -2" TO: "B -2" / SP ORDINANCE NO.: -349- 51 mAi). /76,3' .r. PUR: Rot or* 95o asap as/L /4jan Poiur OAP $BFiuwtufq UNA 4Hone, ROAD noun SLUFF 4 RM MW 6+1RDSU CRlotd 54 • W. 6 M50).1 Om PM Lot x502 cost. W4 Waft q iTi Ix* yA RD •giLieO1Al- et v-' •; sasorm tS - It- s re. b. eV — 1.c 136.0: 'sod. -ro couury 'OC.'Sll ?&424 Sir ;Wee 47*c7s A9d4 �41154tN2s9s -350- EXFPIT SrtE ?L R ti " 4ZiJP�►. o—' /G. cay/rtf IL( U / "wJ FINAL PLAT: A GADWELL ADDITION, BLOCK I P LOT 2, CORPUS CHRIS, NUECES COUNTY, TEXAS. marlarxra s ye �V 4A610901 M.1 04G LOCATION MAP f. 30' DR AI NAGS EASEMEN ?r W. /1 DUNCAN y � ;NY9'XT 5700' V Lot 3 Vol. 34 r 9.l,",`; NOTE: FOUNDATION FLOOR ELEVATION OP ARI NEN CONSTRUCTION TO 88 A NIT MM OF IN FEET ABOVE AEA IEVRL. err i /ON )a: VOL ia. PO 41-43 NOTE' AVERAGE ELEVATION OF LOT 4.0 FEET ABOVE MEAN SEA LEVEL QW 0 24, /9 N'WComer, lot Sec.51, LSlf.RS !. 8. :G. f R. ,e- .S 97't Oo'W 9700' �LAGUNA SHORES ROAD 8 GRAPHIC SCALE FEET STATE OP TEXAS: COIIMY OP NUECES: This final plat At0' private water supply and or to installation. STATE 0P TEXAS: COUNTY 0P NUSCBS: This final plat —2S LEG Being a tract more or less, Flour Bluff t 20 as described Page 1S0 of t Texas. Plat t Garden Tracts 41 -43 of the STATE OP TED COUNTY OP NUE Public Survey plat is true knowledge and from s survey 1D76. Apr STATE OP TEXA COUNTY OF NUE certify that embraced with BLOCK I , LOT Texan; that 1 4: subdivided as la on said foreg I. use forever; hereon are de installation, utilities; th J purposes of d J This the 21st 3' Q STATE OF TEXA COUNTY OP NUE 0 writing, and the sane for • authority, on Troy AAphin, name is• subsc: te-7a. 't therein exprs This the 71st —E Notary P of OADWELL ADDITION,BLOCK 1, LOT 2, approved by the Corpus Christi Nueces County H sewerage system shall be approved by the Corpus Christi- Nueces County Health Departs Dated the Alto day of Nay , 1976. A Public eai Engineer, Corpus CI Nuscas County, Texas. of the herein described property approved by the Director, Department of Engineering !eP.n�T:,+..a..ximtl = :rlcvne -. —•r' .. —351— /9309- 0/ gsOa tajtinG, .451)006 1$ Salt Legal Description: Being a portion of Lot No 23 in Section No. 54 of the Flour Bluff and Encinal. Farm and Garden Tracts, as shown by the map or plat thereof recorded in Volume "A ", Pages 41 to 43, both inclusive, of the Map Records, Nueces County, Texas, to which reference is here made for all pertinent purposes, said tract being more particularly described by mete and bounds as follows, to -wit BEGINNING at the point of intersection of the Northwest, boundary line of -that certain tract of land conveyed by Wesley Ray Duncan, et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, and the Northeast boundary Line of Lot No. 23 for the Northeast, corner of this tract, said corner bearing North 29 deg.. East a distance of 1320 feet and South 61 deg.. East a distance of 3748 feet from the Southwest corner of said Section No. 54 of the Flour Bluff and Encinal Farrn and Garden Tracts N7b/ Pp- r THENCE, North 61 deg, West along the aforementioped Northeast boundary line of Lot No. 23, a distance of 448'feet -to a 5/8" iron rod in the same, being the Northwest corner of the aforementioned Lot No. 23, for the Northwest corner of this tract; THENCE, South 29 deg. West along the Northwest boundary line of Lot No. 23, pass a 5/8" iron rod at 39', in all a distance of 136 feet to a 5/8" iron rod in the same, for the Southwest corner of this tract; the same being the Northwest corner of a tract of land in the name of James M. Alphin et ux; THENCE, South 61 deg. East along a line that is parallel to the Northeast boundary lineof the tract herein described, the same being the Northeast boundary line of said James N. Alphin et ux Tract, a distance of 448efeet to a 5/8" iron rod in the Northwest boundary line of that'4 €ertain tract of land conveyed by Wesley Ray Duncan et ux to L. F. Brothers by Deed elated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, for the Southeast corner of this tract; Thence, North 29 deg. East along the Northwest boundary line of the said L. F. Brothers Tract, as aforementioned, pass a 5/8" iron rod at 97' in all a distance of 136 feet to a 5 /8 "'or rod for the Place of Beginning. -352- 19 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 14, 2009 A. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2009 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible recommendations on a list of projects /activities to be funded. ISSUE: HUD regulations and the approved FY2008 — FY2012 Consolidated Plan /Citizens Participation Plan require two public hearings prior to adoption of the FY09 CAAP, one public hearing is to be held before City Council. REQUIRED COUNCIL ACTION: Conduct public hearing with Council discussion regarding the 2009 CAAP with possible recommendations on a list of projects /activities to be funded. FUTURE COUNCIL ACTION: Final adoption of the FY2009 CARP on April 21, 2009. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may present the outline of the FY2009 CAAP and recommended programs. After the public hearing is concluded, the City Council may, at their discretion, discuss and possibly recommend on a list of projects /activities to be funded under the FY2009 CAAP. ADDITIONAL SUPPORT MATERIAL Background Information Pt Dahiel Gallego J.Community Development Administrator —355— BACKGROUND INFORMATION The FY2009 CAAP will describe the activities and projects to be assisted with funds received under the CDBG, HOME, ESG and other U.S. Department of Housing and Urban Development (HUD) programs that help to meet housing and community development objectives. The City of Corpus Christi's FY2009 entitlement (estimated) allocation is $5,103,354 which includes: $3,350,000 Community Development Block Grant (CDBG) $1,604,000 HOME Investment Partnerships (HOME) $149,354 Emergency Shelter Grants (ESG) To date, the City of Corpus Christi has not received their entitlement allocation from HUD. For planning purposes, an estimated allocation consistent with last year's totals is being used. For the CDBG program, program income of approximately $600,000 from rehabilitation loans, which is a revolving fund, provided from previous CDBG years, $204,762 of Demolition Liens /Clearance of Vacant Properties Program Income and $122,747 is available for the CDBG Program. Therefore, a total of approximately $4,277,509 is available for the FY09 CDBG Program. Since 1975, The City of Corpus Christi has been appropriated more than $158.6 million through HUD for the CDBG Program that includes approximately $14.9 million of program income generated through the various programs administered by Community Development. For the HOME program, program income of $400,000 from loans provided during previous HOME years and approximately $1,604,000 of entitlement funds is available. A total of $2,004,000 is available for the FY2009 HOME Program. The HOME Program began in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $28.1 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. More than $2 million of program income from previous loans have also been considered in the amount of available funds for the HOME program. For the ESG program, an allocation of $149,354 is available for FY2009. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services /homeless prevention activities. Since 1987, the City has received more than $2.66 million in ESG funds. —356— Public Hearings /Citizens Participation Process Community Development held three Technical Assistance Workshops which included a Public Hearing on February 19, 2009, at the Antonio E. Garcia Center facility location at 2021 Agnes. The City Council public hearing on the FY2009 Consolidated Annual Action Plan has been scheduled during the regular City Council agenda on April 14, 2009. After completion of the Public Hearing, the City Council will have the opportunity to discuss with possible recommendations on a list of projects /activities to be funded through the FY2009 Consolidated Annual Action Plan. Final adoption of the FY2009 Consolidated Annual Action Plan will be brought before the City Council on April 21, 2009 for approval. Publication of the FY2009 Consolidated Annual Action Plan will be published on May 3, 2009, allowing citizens' time to review and comment for 30 days prior to submission of the the plan in addition to the public hearings. —357— ATTACHMENT CITY OF CORPUS CHRISTI FY2009 CONSOLIDATED ANNUAL ACTION PLAN RECOMMENDED FY2009 CDBG PROGRAM FY2009 CDBG Allocation (ESTIMATED) Reprogrammed Funds Program Income from Demolition liens and Property Clearance Program Income from Single Family Rehabilitation Loan Program (Revolving Fund) TOTAL FUNDS AVAILABLE FOR FY2009 CDBG PROGRAM ID" $3,350,000 $122,747 $204,762 $600,000 $4 277 509 y } k a d..iii: g x. °^J'. �.�" . Wes'' ip_x+.. a� $ . 1 s 2e 4..'v T $300,000 - . s $188,938 s4d9P5 sw ., ..�..:t.<,�....= ADA Improvements in CDBG Areas This project would address the needs of ADA Improvements to include a Master Plan in CDBG eligible areas. It will include sidewalks where none exist and ADA compliant curb cut ramps. The implementation plan would be an IDIQ Method ( Indefinite Design,Indefinite Quantity) which will allow the design consultants to evaluate each identified priority area and determine scope, design and cost as well as perform construction management. The priority list is attached (see Attachment #1) itemizes the locations identified be the ADA Title 11 Comprehensive Evaluation and Transition Plan adopted by City Council on February 11, 2003 as well as other priority areas indentified by the Mayor's Committee for Person with Disabilities. Leveraged with $300K of 2008 Bond Program funds 2 Area Street and Drainage Improvements Phase 2B Helen and Theresa Street The project consists of: Helen Street from Gollihar Road to Sunnybrook Road: Consists of 1250 I.f. street pavement, underground drainage, curb and gutter, sidewalks, ADA requirements, driveways and utility improvements (water and waste water): Theresa Street from Helen Street to Evelyn Street: Consists of construction of 300 I.f. street pavement, curb and gutter, sidewalks, ADA requirements and driveways. Leveraged with $1.2M CIP and $452K of 2008 Bond Program funds 5 $300,000 Bear Lane Street Improvement Design * This project is on the Bond 2008 program to provide safe access to children going to the middle school and new high school area. The improvements will include a three lane roadway with two travel lanes and continuous left turn lane, curb and gutter ADA curb ramps and new sidewalks. This area is also in need of accessible bus stops that must be ADA compliant. The primary request of the funds would be for the design phase and this could be implemented as soon as funds are available. This request is for approximately 40% of the estimated design fee for the street portion of this project, associated design and construction fees for utilities will be paid by the capital improvements program. Leveraged with $4,2M of 2008 Bond Program funds 11 $300,000 Ben Garza Gym This project will replace the existing wooden bleachers in the gym located at 1815 Howard Street. The existing bleachers are old and cause damage to the Flooring when pulled out from the wall to use. 14 $63,000 5 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME, ESG and Continuum of Care federal regulations, conducts public hearings /meetings, reviews proposed projects and activities to determine eligibility, funding, monitors subrecipients, provides technical assistance, conducts environmental assessments of funded projects /activities and enforces Davis Bacon federal wage rate requirements. Current funding $476,333 15 $472,823 $472,823 6 Clearance of Vacant Properties Program This activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris accumulation and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred. Current funding $200,000, Leveraged with $766,000 General Fund 16 $200,000 $200,000 -358- -359- 2 G � -I�' . 7 Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators (50 %), Management Assistant (50 %), Model Block Administrator (75 %) and Zone & Code Enforcement Administrator (25 %) will be funded in the amount of $343,218. Also, includes for a Neighhorhood Planner in the amount of $49,831. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within CDBG Target Areas that are in need of compliance assistance (including Model Block Program Site). The substantability efforts for these neighborhoods need continued monitoring and citizen compliance; inspections are conduced on particular code violations. Current funding $350,000 19 $399,548 $350,000 8 Cole's Gym This is project is to replace two of the existing AC units for the gymnasium located at 924 Winnebago. The existing units are past the life expectancy and new energy efficient units would lower over all operating cost. Current funding $75,000 32 $50,000 $50,000 9 Comprehensive Planning Assistance The continuous support for Comprehensive Planning Activities including: data collection, population projections, land use surveys, traffic projections, maintenance of development regulations, staff training /travel, and other activities designed to update comprehensive plan elements or implement adopted plans. Updating of the Future Land Use Plan, Transportation Plan and joint City/Navy land use study is the goal for 2009. Current funding $75,000 34 $50,000 $50,000 10 Demolition Program This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that are occupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City Council- appointed members that review sub - standard building cases, where owner compliance is not obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently been revised and sub - standard case procedures have been enhanced to provide efficient and effective management. Liens may be placed against the properties to cover the cost incurred. Current funding $200,000, leveraged with $766K General Fund 36 $400,000 $200,000 11 Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural repairs. (A) If the $6,500 remains the same we are requesting $500,000 to assist 77 homeowners, (B) If the grant is increased to $10,000 and the age requirement is lowered to 62 from 65, we project 132 homeowners seeking assistance; therefore, we are requesting $1,320,000. Current funding $225,000 43 $1,320,000 $400,000 12 Greenwood Senior Center Increased Accessibility Greater access is to be achieved by implementing public facility improvements of barrier removal for senior center, principally benefiting a low and very low income neighborhood where this center is located. The Greenwood center located at 4040 Greenwood is surrounded by an average of 29% of seniors living below poverty and also 44-48% persons with disabilities and /or those using mobility devices will benefit form the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and realigning improved parking lot spaces. 44 $19,800 $19,800 13 HEB Pool Renovations This project will consist of placing a poured recycled rubber surfacing on the entire pool deck to reduce slip hazards on the wet concrete. The funding will also provide for swim lane lines with reels to store the lines when not in use, new diving boards, and shade structures around the pool located at 1520 Shely. 46 $125,000 -359- 2 °ie 14 4. { ^t �� c!L� 3°= a £ nu. 11d Health Department Increased Accessibility As these citizens approach the Health Department located at 1702 Home Road, whether via motor vehicle or public transportation, persons using mobility devices or strollers for their children will benefit from the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and improved parking lot spaces, i.e.: former staff only parking lot is now for general public use. Locally over 21 % of the population represents individuals with disabilities, including children as young as 5 years old. 47 $20,900 $20,900 15 Master Plan for ADA Compliance The need to address ADA Compliance is a City priority and is being handled as funds become available. The City, with the assistance of the Committee for Persons with Disabilities, will identify the needs for accessibility routes, especially where curb cut ramps and sidewalks do not exist. The Committee for Persons with the Disabilities has deemed accessibility to the transportation service as priority one in the criteria for prioritizing requests for ADA improvements. This project would enable the City to define through a Master Plan to address the needs for ramps and sidewalks within the priority routes where none exist in CDBG areas. The funds for the construction for this project will be requested annually to allow the City to address this need. The specific locations of accessible routes will be identifed to meet the priority needs. 49 $100,000 16 Model Block Program Neighborhood Revitalization This request would support the Model Block Program Neighborhood Site #1: support the anticipated commencement of Model Block Site #2 and would be essential in the continued support of projects in the twenty-two Neighborhood Initiative Program sites that are in the CDBG Target Areas. Special projects such as neighborhood clean up campaigns, materials for "do -it- yourself" repairs, and " landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard structures and clearance of properties are also a priority in order to eliminate slums and blight in the NIP Sites. Short term projects will include minor /major repairs for homeowners; long -term planning will be a direct benefit for aiding residents with mplementing projects. Current funding $100,000, Leveraged with $200,000 from 4A fund 51 $200,000 $100,000 17 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowners escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Mortgage Services is currently servicing 850 different types of loans. Current funding $58,700 62 $80,000 $58,700 18 Oak Park Restroom Renovations This projects includes demolishing the existing restrooms located at 4001 Mueller and rebuilding a new restroom with ADA requirements. The funds will also address ADA issues within the park. 65 $120,000 19 Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections and conducting homebuyer classes, Current funding $693,000 66 $622,000 $622,000 -360- r rE s ! ♦ pp _ .8ae �y:. � 33 .yH ri 3 5 YfGix1y�{yYy,5 c 20 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Current funding $12,000 69 $20,000 $17,000 21 RTA Bus Stop Landing Pads and Accessible Routes In CDBG Areas - Categories 1 & 2 The project will address various bus stops that are not ADA compliant. This project will address the non compliant issues of 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for bus stops. This project would begin as soon as funds are available with the first phase being design for ADA compliance of deficiencies. Ths second phase would incorporate construction of the compliant facilities. Construction dollars will be allocated to the highest priority bus stops locations first, and then proceeding down the list until funding has been exhausted. The project will be matched 20/20/60% (CDBG /RTA/City Bond 2008), Leveraged with $300,000 Bond 2008 and $100,000 RTA funds 70 $100,000 $100,000 22 RTA Bus Stop Landing Pads and Accessible Routes In CDBG Areas - Categories 3 & 4 The goal of this project is to apply for a Federal Grant (JARC- Job Access & Reverse Commute) formula grant for 1) Design and 2) Construction. These CDBG funds will be used as the 33% match. The attached Regional Transit Authority (RTA) ADA Compliance Initative Priority List will be used to determine eligibilty and priority for new sidewalks, bus stop landing pads and curb cut ramps to make these eligible bus stops ADA compliant and accessible. 77 $100,000 23 Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1- 4 units will be rehabilitated and 10 -15 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans (580,000), Demolition (192,900); Relocation (232,000). Leveraged with $600,000 Program Income from Rehabilitation Loans 105 $1,004,900 $650,000 24 Southmoreland Addition Area Street Improvements 3B & 4B, Part 2 The project consists of construction of 28 ft. back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B, Part 2. Part 1 of Phase 4B has been constructed. This request is for the second portion of the project to be constructed. Leveraged with an additional $423,000 utilities fund 107 $395,000 25 TXDOT /RTA Bus Stop Landing and Accessible Routes The City of Corpus Christi and the RTA are requesting matching funds (50/50) to design and build approximately 40 bus stop landing pads and 5 foot sidewalks to connect to the TXDOT constructed curb ramps. The targeted area will be along Leopard Street from N. Staples to Lantana Street. The eligible streets are in CDBG targeted areas: CT's 11, 6, 5, 4,7 &8. 111 $100,O00 26 Unified Development Code Continuation of the Unified Development Code (UDC) which is a comprehensive rewrite of the City's current Zoning and Planning Ordinances into one comprehensive document that also establishes best practices and is adoptable by the community. The City's current ordinances have not faced a comprehensive review or rewrite in over 20 years and as a result, the UDC is facing an extraordinary challenge for adoption. 117 $50,000 -361- 4 27 3 { " 6T.".cti. United States Census 2010 Census 2010 is a decennial event to record and measure the growth and socioeconomic changes that have occurred. City is participating in full association with appropriate Census 2010 staff to submit the essential information necessary to meet all requirements. City Staff is focused on creating the necessary updates to both the census tracts and block groups, as well as, all annexed properties added within the past ten years. Staff is also participating with the 2010 Local Update of Census Address (LUCA) Project in order to verify all address are correct and assist the Census 2010 staff in that process. 118 $50,000 $36,348 28 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent cdme, drug use and gang activity in high crime neighborhoods. The goals are to 'Weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. This request is for staff salaries for the support of the Weed and Seed Program. Leveraged with $175,000 Department of Justice and $2,000 Amerigroup funding 119 $50,000 $50,000 29 West Point Crossing Infrastructure New infrastructure construction in a CDBG tract area for the development of a Low to Moderate "Green" Subdivision AKA West Point Crossing. This will allow for the extension of City services to an area whereby no services ale attainable. This has also created a City/Developer /Landowner partnership endeavor for the construction of approximately 1,500 homes with an emphasis on incorporating "Green" building concepts targeting low to moderate income families. In terms of leveraging, the Developer is bringing approximately $60K per acre (300 total acres) of resources for the development; in addition, the landowner is bringing 300 acres at $10K per acre value of undeveloped land to the proposed development. 120 $1,786,015 30 Zavala Senior Center Renovations This project will consist of repair to the roof of the facility and associated damage to the interior caused by leaks in the roof for the center located at 510 Osage Street. An evaluation of the foundation will also be conducted to determine the cause of the cracks in the dry wall in the hallway. 123 $25,000 $25,000 City Projects Total $8,823,986 $3,611,509 -362- -363- 6 1� 'n '.'"�z fy. v iT+ 1f S i�' .�.,. �`+•" r' C i L :S n++ eq 2� K • ' �eRy dopt ltCu , r � �vn.`�¢pF µ. �r ' A'IONSORO 1HER_ENY('IES 31 Coastal Bend Alcohol & Drug Rehabilitation Center dlb /a/ Charlie's Place Install security fence, rehabilitate the parking lot and paint the exterior of the building at the new facility located at 5501 IH 37 © McBride Lane. Agency Capital Contribution $3,000 124 $94,778 $45,000 32 Coastal Bend Center for Independent Living Construction of home modifications /wheelchair ramps will provide 40 people with disabilities access to their homes and community, a city-wide project. 151 $104,000 $100,000 33 Communities in Schools (CIS) The project will provide funding for Phase 1 of 3 improvements for the CIS /Gonzales Educational Enhancement Center located at 702 S. Brownlee. Phase 1 will consists of funding replacement of the deteriorated roof and installation; however, may expand scope to include additional improvements which is contingent on availability of funding. 176 $96,000 $75,000 34 Corpus Christi Hope House The project is for replacing electrical wiring and energy efficient insulation, sheetrock/paint, install energy efficient windows and appliances located at 658 Robinson; will benefit living conditions for up to six homeless women and children monthly. Agency Capital Contribution $7,800 206 $70,200 35 Corpus Christi Housing Authority (Instrumentality of Government) The plan for the revitilization of "Renaissance of La Armada- Phase I" and Clairelaine Gardens which includes the use of some existing on -site road alignments; however, all roads and infrastructure systems, including electric, water, sanitary sewer and storm drainage will be new construction. Agency Capital Contribution $250,000 243 $500,000 36 Corpus Christi Metro Ministries The project involves the demolition of the building at 1906 Leopard Street. The site will then be paved to provide parking for staff and volunteers that serve the shelters and soup kitchen. Agency Capital Contribution $5,000 363 $100,000 $100,000 37 Del Mar College /Business Resource Center Provide for small business counseling & training assistance; assistance with job creation /retention opportunities for LMI & Section 3 persons/business. The requested increase is to provide for a Section 3 database. Section 3 is subject to HUD requirements to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing..Agency Capital Contribution $1,020,919 389 $263,400 $175,000 38 Hillcrest Neighborhood Association The project will assist homeowners in rehabbing their property to livable condition. All of these properties assisted are owner occupied. 411 $100,000 39 Mary McLeod Bethune Day Nursery, Inc. Remove old, rotting prefabricated Building "C" from site and build new 3,000 square feet Building "C" in place to serve low income and homeless child care located at 900 Kinney Avenue. 434 $200,000 40 Mental Health Mental Retardation Center of Nueces County Rehabilitate two buildings: Building one located at 1546 South Brownlee is proposing to replace the roof and paint. Building two for youth services located at 3733 S. Port Avenue is proposing to replace the roof. Agency Capital Contribution $5,000 458 $123,000 $75,000 41 Neighborhood Centers of Corpus Christi, Inc. The Molina Neighborhood Center located at 614 Horne Road is in need of system upgrade and replacement of two (2) air conditioning units which are over 25 years old and two other units which already need repairs. The A/C units benefits the children in child care facility. Agency Capital Contribution $5,000 484 $46,000 $46,000 42 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and /or elderly homeowners in Corpus Christi. CDBG funds will be used for materials, a city- wide project. 509 $50,000 $50,000 -363- 6 Wesley Community Center 43 Funds are being requested for security fence and camera monitoring security for the facility located at 4015 Mac Arthur that serves low income persons. 535 $49,999 Non Profit Sub Total $1,799,377 $666,000 $o City Projects Sub Total $8,823,986 $3,611,509 $0 Overall Total $10,623,363 $4,277,509 $0 Funded through the 2008 Bond program, therefore it is not recommended to be funded. —364— Accessible Route on Mesquite Street (Fitzgerald to Hughes) This project is a public facility improvements project that would remove an architectural barrier for persons with disabilities by filling a void of sidewalk along Mesquite Street (Fitzgerald to Hughes streets). Filling in this gap by installing a sidewalk and curb ramps provide and accessible path of travel and connectivity of the Heritage Park Facilities and Seaman Center area. This area includes the latest addition to Heritage Park of the Mary Carroll House where Big Brothers and Big Sisters are also housed, would also include 465 LF of sidewalk at 4 feet wide on Mesquite Street between Fitzgerald and Hughes, with curb ramps at Mesquite /Resaca -1- r-„ " a teaie rflo4Pnmai nfald —.-t7 F a CC Beach Pavilions and Restroom Renovations The project will consist of renovation of existing pavilion and restrooms at the central portion of the beach. Renovations will bring the pavilion and restrooms into compliance with ADA standards. eranelRgjlt �exsznidewat(s , Greenwood Library Accessibility Citizen submitted to the City photos of concerns with the building and property. One such area is the uneven, cracked, broken walkway adjacent to the building. The walkway leads to an RTA bus stop and major intersection pedestrian crossings at Horne Road and Greenwood Drive . The poor condition of the walkway is not only a hazard for pedestrians and wheelchair travelers but also does not meet ADA Standards. l r� ? e ', a;dt :' .,,>rf i t1E0$ 'Pro a Nueces County Community Action/Weatherization /Minor Home Repair 32 homes will be targeted for minor home and weatherization making home more energy efficient. Approximately 80 individuals will benefit from program all families are low to very income. —364— ATTACHMENT "D" RECOMMENDEDFY2009 ESG PROGRAM * FY2009 ESG Allocation $149.354 1 Catholic Charities of Corpus Christi Provisicn of Homeless Prevention including short -term subsidies, security deposits or lst months rent, mediation programs, legal services and payments to prevent homelessness Current 553 $25.000 $12.000 funding $15/000 2 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (Hy�|S).HNY|Gisp HUD noondotoddatabase for those agencies receiving ESG and Continuum of Care Grant Program Funds. Current funding $7,498 567 $7,467 ' $7487 ' 3 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision af Essential services ineluding services ooncerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Current funding $15.000 568 �3G.U0O $12.000 4 Corpus Christi 1-lope House Provision of Essentiai services including services concerned with ernpioyment, physical health and education for the homeless. poynnnntof maintenance operations including nant.inaunsnue. utilities and furnishings. Provision nf Homeless Prevention including short -term subsidies, security deposits or 1 st month's rent, mediation programs, legal services and payments to prevent homelessness. Current funding $15,000 587 $30'000 $12'000 5 Corpus Christi Metro Ministries Provision of Essential services including services concerned with employment, physical health and education for the homeless. Paynnentofnnaintannnneoperotions including 'ent.insu'anc*' utilities and furnishings. Provision uf Homeless Prevention including short -term subsidies, security deposits or lst month's rent, mediation programs, legal services and payments to prevent homelessness. Current funding $30,000 616 G09.500 $30.000 6 Mary McLeod Bethune Day Nursery, Inc. Provision of ess&itial services including services concerned with employment, physical health and education forthe homeless. Payment of maintenance operations ineluding rent, insurance, utilities and furnishings. Current funding $15,000 840 $21.000 $12.000 . 7 New Life Fellowship of Corpus Christi, Inc. Payment of maintenance operations including rent, insurance, utilities and furnishings. 000 $50.000 $5.000 ~~3S5~ 1 * Must participate in the Continuum of Care process -366- 4t $ ., . .�. ^ � ,+• , S SC r ott �ith t ,.. �5� cit ., ?.3 , ... Y 8 South Texas Substance Abuse Recovery Services, Inc. (STSARS) Provision of Homeless Prevention including short -term subsidies, 671 $24,000 $5,000 security deposits or 1st month's rent, mediation programs, legal services and payments homelessness. 9 The ARK Assessment Center and Emergency Shelter for Youth Payment of maintenance, operations including rent, insurance, utilities and furnishings. Current funding $15,000 687 $24,999 $12,000 10 The Salvation Army Provision of essential services including services concemed with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Current funding $20,000 708 $50,000 $20,000 11 Timon's Ministries Payment of maintenance operations including rent, insurance, utilities and furnishings. Current funding $5,000 728 $16,400 $9,887 12 Wesley Community Center Payment of maintenance operations including rent, insurance, utilities and furnishings. Current funding 512,469 741 $20,000 $12,000 Total $394,366 5149,354 $0 * Must participate in the Continuum of Care process -366- ATTACHMENT RECOMMENDED FY2009 HOME PROGRAM FY2*09 HOME Allocation (ESTIMATED) Program Income ' TOTAL FUNOS AVAILABLE FOR FY2009 HOME PROGRAM "D" $1,604/000 $400/000 $2,004,000 1 First Time Homebuyer Program - ADDI Provide deferred forgivable loans k)first time homobuyem. who are low income, k) assist them with down payment and closing costs for the purchase of a honie. 754 $10.000 2 HomebuyerAsslstance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payrnent and closing costs for the purchase of a home. 755 $500.000 $270.080 3 Home AdministrationlTechnical Assistance (IO% of HOME allocation) Administrative funds for staffing, planning, oversight, coordinafion, staff supervision, monitoring and evaluation, contracfing, recordkeeping/reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the prograrn. May include administrative funds for direct operating support for the CHDO's. 750 $100.400 $160,400 4 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. 757 $700,000 $400.000 5 Minor Rehabilitation Provide emergency grant to very Iow income homeowners to assist thern with minor rehabilitation of their homes. 758 $100.000 6 Model Biock Program Neighborhood Revitalization Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) Site #2 dedicated to the purchase of land, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area identified for potential revialtization and development. The MBP is designed to identify and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovafion and redeveloment (infill housing), afffordable housing development and special needs housing. 759 $300,000 $100.000 CCCIC Total $1.770.400 $930'400 �� �, �� ��Nz .- ��� '�� '�-8� ���I0@� �*�T%�FDJ}��m�§�k��Mm��x���������x���.':N^���«;�a��me�m*�x����y's,«m��=wu��ti,, 7 Cliff Maus Village (CMV) Trust CMV Trust, a 110-unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re-routes for 10 772 *110.000 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. $110.000 8 Costa Tarragona 11 Costa Tarragona II will construct a 96-unit development located on 6.9 +1- acres in Corpus Christi, TX which is located next to Costa Tarragona I at IH37 and 358 The 701 z1.100.000 $350.000 proposed tax credit development will be 100% affordable serving families at or below 60% of AMI or less. S Nueces County Mental Health Mental Retardation Center (NCMHMR) NCNYHYNR located ot10428�Bnmvn|ee will replace runf.refurbish fascia boards and 839 $31.300 paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. $31.300 -367- " Subrecipient's /Other Entities /CHDOs are contracted thru the CCCIC or the "" COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS ( CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($240,600) of the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and based on FY09 HOME allocation. -368- _�4..9 r TX LULAC West Park Housing, L.P. This is a request for additional funding for a 124 -unit multi - family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AMI. 862 $300,000 $252,300 Subrecl • lent's /Other Entities Sub Total $1,541,300 $743,600 f E 11 i E7tIj S t FEIY3� y '� ,xiettb =$ ?+i° 889 Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund Provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. $190,000 $130,000 12 Nueces County Community Action Agency - Homeownership Center (HOC) Capacity Building Request for operating expenses to transform the current housing program into a one- stop -shop homeownership center which will develop and deliver a comprehensive range of housing services. 912 $50,000 13 TG 110, Inc. /Samuels Place Apartments Replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315 Carroll Lane benefiting a low to extremely low income property. 939 $200,000 $200,000 CHDO Sub Total $440,000 $330,000 Subreclpient's /Other Entities Sub Total $1,526,300 $743,600 CCCIC Sub Total $1,310,000 5930,400 CCCIC Total 53,276,300 $2,004,000 $0 " Subrecipient's /Other Entities /CHDOs are contracted thru the CCCIC or the "" COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS ( CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($240,600) of the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and based on FY09 HOME allocation. -368- 20 AGENDA MEMORANDUM April 14, 2009 SUBJECT: Packery Channel Monitoring — 2009 -2010 (Project No. 5228) AGENDA ITEM: A. Ordinance appropriating $299,900.00 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; Changing the FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $299,900.00; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract between the City and Texas A &M University — Corpus Christi (Division of Nearshore Research) in the amount of $299,900.00 for a restated not to exceed amount fee of $614,122.00 for Packery Channel Quarterly Monitoring for 2009 -2010. ISSUE: The survey monitoring: • is a requirement of the agreement between the City of Corpus Christi and U.S. Corps of Engineers; • is necessary to document the natural forces influencing the channel; and • will allow the City to more clearly understand the dynamics of the channel, project maintenance needs, and manage Trust Fund proceeds. FUNDING: Funding is available from the FY2008 -2009 Operating Budget upon appropriation. RECOMMENDATION: Approval of the ordinance and motion as presented. Pete Anaya, P.E. Sally Gavlik Director - Engineering Services Director of Parks and Recreation ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map H: HOMEUC EVINS\ GEN\ PACKERY\Monitoring\DNRAwdAmd3MG .Inc ADDITIONAL INFORMATION SUBJECT: Packery Channel Monitoring — Project No. 5228 CONTRACT: The monitoring effort to be undertaken through Contract Amendment No. 3 is a continuation of a comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. This study began in 2003 under sponsorship of the U.S. Army Corps of Engineers, Galveston District and was continued under the sponsorship of the City of Corpus Christi during 2008/09. The Division of Nearshore Research (DNR) at Texas A &M University Corpus Christi continues to lead these investigations. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. The monitoring program also includes measurement of current velocity in the channel that is presently sponsored by the USACE, Coastal Hydraulics Laboratory. A contract summary is attached. See Exhibit B. BACKGROUND: Packery Channel is a U.S. Corps of Engineer project with City of Corpus Christi participation. The Division of Nearshore Research of Texas A &M University made a presentation to Council on January 8, 2008 titled "Packery Channel Status 2007 - Results from a Monitoring Program ". That study recommended the following activities be continued: • Hydrograph Monitoring (quarterly); • Beach Profile and Shoreline Position Surveys (quarterly); and • Monitoring of Water Current Speed in the Channel. PRIOR COUNCIL ACTIONS: City Council actions have been numerous concerning the Packery Channel Project; however, several of the major actions are as follows: • March 2000 — The City becomes local sponsor. • April 7, 2001 - City Council places tax - incremental financing issue on the ballot and the voters approve creation of a tax - incremental financing district. • February 14, 2003 — City Council and the Texas General Land Office approve a Project Cooperation Agreement that provides a grant of $1,275,000 to the City for the project. • April 13, 2004 — Resolution of the City Council of the City of Corpus Christi authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a boat launching facility on Packery Channel, declaring the City eligible for such assistance, authorizing the City to be the local sponsor of the project, and directing and H: HOMB KEVINS \GEN\PACKERY\ MONITORING \DNRAMD3AWDBKGEXHA.DOC —372— EXHIBIT A Page 1 of 2 authorizing the City Manager to file the application and to execute all documents pertaining thereto. (Resolution No. 025701) • July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract for Professional Services with URS Corporation of Houston, Texas in the amount of $15,239.20, for a total restated fee of $40,161.64, for the Packery Channel Boat Ramp Project. (Motion No. 2004 -267) • March 8, 2005: A. Motion authorizing the City Manager or his designee to accept a Texas Parks and Wildlife Department Grant in the amount of $500,000 for the Packery Channel Boat Ramp and execute grant acceptance documents. (Motion No. 2005 -082) B. Ordinance appropriating $500,000 from a Texas Parks and Wildlife Department grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $500,000. (Ordinance No. 026165) C. Motion authorizing the City Manager, or his designee, to increase the escrow with the U.S. Army Corps of Engineers in the amount of $508,000 for the Packery Channel Project for the construction of the Packery Channel Boat Ramp. (Motion No. 2005 -083) • February 26, 2008 A. Ordinance Appropriating $241,487.00 of Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008- 2009; Changing The FY2007 -2008 Operating Budget Adopted by Ordinance No. 027352 to increase Appropriations by $241,487.00; and declaring an emergency. (Ordinance No. 027603) B. Motion authorizing the City Manager, or his designee, to execute a contract between the City and Texas A &M University — Corpus Christi not to exceed $241,487.00 for Packery Channel Quarterly Monitoring for 2008 -2009. (Motion No. 2008 -052) • January 13, 2009 A. Ordinance appropriating $61,715.00 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008- 2009; Changing the FY2007 -2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $61,715.00; and declaring an emergency. (Ordinance No. 028015) B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract between the City and Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008 -2009 in the amount of $61,715.00 for a restated not to exceed amount fee of $314,222.00. (Motion No. 2009 -007) RECOMMENDATION: Approval of the motion as presented. • :\ HOMEM( EVINS\ GEN \PACKERY\MONITORING\DNRAMD3AW DBKGEXHA.DOC —373— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY PACKERY CHANNEL QUARTERLY MONITORING PROJECT Amendment No. 3 Section II. Scope of Services, A. Tasks 2 -3 is amended to read as follows: IL SCOPE OF SERVICES A. TASKS: DNR will continue to conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. The monitoring program will include the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. The monitoring program will include measurement of current velocity in the channel that is presently sponsored by the USACE, Coastal Hydraulics Laboratory. Specific tasks to be undertaken are set out as follows: Task 1. Project Management 1 -1. Project Management, analysis, reporting, technical support and data archive. 1 -2. Aerial Photography Description: Annual rectified aerial photographs of Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM) and including North Padre Island and Mustang Island from the south end of the seawall to Newport Pass. Purpose: For interpretation of large -scale changes in vegetation, dune line, inter- tidal regions adjacent to the inland section of the channel as well as along Padre and Mustang Island. In addition the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: Annual (August/September) pending weather conditions and one event. Task 2. Measurement of Morphologic change in PC Channel and along Mustang and Padre Island. 2 -1. Beach Profile surveys Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall) and extend offshore up to one mile into the GOM. Purpose: to document changes in features such as the beach berm, sand bars and dune toe. The data are applied to calculate volumetric change, the calculation of sand loss or gain on the beach for nourishment projects. Schedule: One annual survey conducted during August 2009. 2 -2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS along the beach from close to the dune toe to the water line. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low -cost way to measure changes in the width of the dry beach. Within a few days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Schedule: Four surveys scheduled to define the peak of seasonal change. Tentative survey schedule: June 2009, September 2009, December 2009, March 2010 and June 2010. 2 -3. Surveys of channel depth and morphology (bottom features) Description: These surveys combine single -beam and multi -beam sonar coverage to provide high resolution of features more economically. Purpose: to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data may be applied to calculate volumetric change. Schedule: Four surveys scheduled to define the peak of seasonal change. Tentative survey schedule: June 2009, September 2009, December 2009, March 2010 and June 2010. 2 -4. Inland Waterway and Mollie Beattie Focus Study Description: Measure elevation along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys will define inland waterway channel boundary change and determine locations of scour Exhibit B Page 1 of 2 H:WOME KEVINSI GEMPACKERYMMonitoring \DNRAwdAmd3SumExhB.doc -374- and shoaling. Comparison of aerial surveys and seasonal survey data will assist in understanding changes along the channel boundary adjacent to the Mollie Beattie Habitat Community tidal flats. Schedule: Two surveys scheduled to define the peak of seasonal change. Tentative survey schedule: September 2009 and March 2010. 2 -5. Storm Damage Assessment and TBA Description: Surveys may be needed after storms or other significant events. Changes in elevation will be measured along the north shoreline of the Packery Channel basin to include the vegetation line to -5 ft mean sea level or offshore. Purpose: to define conditions immediately before or after a storm event without time restrictions associated with amendments. If storm surveys are not required then funds may be applied to seasonal surveys for the 2010 year. Schedule: TBD Deliverables: DNR will deliver and make available to the City of Corpus Christi: • ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIRS 4205 • Online posting of current velocity for two new stations • Email status report (monthly or as updates are available) • Status Reports (post -survey quarterly reports) 2009 -2010 — Amendment 3 The proposal for Year 2009 -2010 is attached as Exhibit A -3. III. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $614,122.00 for providing all services for during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00 and a fee for Amendment No. 2 of $61,715.00 and a fee for Amendment No. 3 of $299,900.00. The fe Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 299,900.00 Total $614,122.00 H:W OME\KEVINS \GEN\PACKERY\ Monitoring \DNRAwdAmd3SumExhB.doc -375- Exhibit B Page 2 of 2 Tasks Fee 1.1 Project Management 41,000 1.2 Aerial Photography 18,900 2.1 Beach Profile Studies 28,000 2.2 Shoreline Position Studies 21,000 2.3 Suveys 114,000 2.4 Inland Waterway and Mollie Beattie Focus Study 37,000 2.5 Storm Damage Assessment 40,000 $299,900 H:W OME\KEVINS \GEN\PACKERY\ Monitoring \DNRAwdAmd3SumExhB.doc -375- Exhibit B Page 2 of 2 File : \Mproject \councilexhibits \exh5238.dwg LOCATION MAP NOT TO SCALE 0 TO CORPUS CHRISTI 000 0' VICINITY MAP NOT TO SCALE PROJECT # 5228 PACKERY CHANNEL MONITORING EXHIBIT "C" PACKERY CHANNEL MONITORING 2009 - 2010 -376- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Harr. /id /n7 /2nn9 ORDINANCE APPROPRIATING $299,900.00 OF THE UNAPPROPRIATED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR PACKERY CHANNEL MONITORING FOR 2008 -2009; CHANGING THE FY2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $299,900.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $299,900.00 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 is appropriated for Packery Channel Monitoring for 2008 -2009. SECTION 2. The FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase appropriations by $299,900.00. SECTION 3. 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 the 14th of April, 2009. ATTEST: Armando Chapa City Secretary By: as to 3 -Mar-09 Y Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor 041409 ORD App $299900 for Packery Channel Project —377— Corpus Christi, Texas day of , 2009 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 041409 ORD App $299,900 for Packery Channel Project —378— 21 AGENDA MEMORANDUM City Council Action Date: April 14, 2009 SUBJECT: Implementation Schedule for Bond 2008 Projects. AGENDA ITEM: Motion to adopt the recommended order of priorities for implementation of Bond 2008 Projects. ISSUE: Council has requested a presentation with possible action on the implementation schedule for the Bond 2008 projects. FUNDING: N/A RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Proposed Project Schedule —381— BACKGROUND INFORMATION SUBJECT: Implementation Schedule for Bond 2008 Projects. AGENDA ITEM DESCRIPTION: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Subsequent to the passage of the election, staff has developed an implementation schedule for the execution of the voter - approved projects. This schedule commits to have all projects complete and /or under construction within four years. The sequencing facilitates project completion in a timely, fiscally responsible manner while providing for the safety of the citizens and minimizing inconvenience to the public. Scheduling considerations included: 1. Annual financial constraints of the utility funds: a. Limits on the amount that can be borrowed yearly b. The prioritization of projects using limited utility funds 2. Resource availability: a. Maximizing the local participation of NE consultants, contractors, and suppliers b. Avoid overloading contractor bidding & construction for bond 2008 projects and TxDOT, County and CCISD projects. 3. Public access during construction: a. Not having multiple projects or roads under construction in same areas at the same time b. School access & safety for pedestrians and traffic c. Businesses and residential safety & access 4. Public safety & emergency vehicle access a. Minimize number of reduced lanes b. Minimize complete road closures 5. Continuity and transition between projects: a. The end of one phase and the quick start of the second phase —382— 6. Operations & Usage: a. Accommodation of user needs during construction of sports fields & parks 7. Early starts for projects that: a. Require little design time b. Take advantage of additional funding sources STAFF RECOMMENDATION: Staff is recommending that Council approve the proposed Bond 2008 time chart as presented. Minor adjustments can be made to the existing schedule with little to no impact. If Council prefers to make significant changes to the timeline, consideration will need to be given to the annual utility funding limitations of the Capital Improvement Program necessary to support the street reconstruction projects and the timing of the sale of General Obligation Bonds to award the NE, Construction and Testing Contracts. Major changes to the street program may require the delay of other street projects that require utility funding support. —383— N:W OMELLYNDASIGEMBand 2000Post ElectionlApnl 2009 Agenda - Project Implementation1Agende Bathgroend.doc 0) w Z J w 5 1- U w —3 o Ceo a; co a o= 0 N w 0) 0) 0 m E 111 M MN 11 111111 ■ •••••• ■ •••••• 1111111 ■•••••• 1111111 . . • 111 ■o■-■ ■ ■ ■ -■ ■■ ■ -■ ...-. ■■■ -■ 1111111111 "11 ••••a••••• 0■ • ■■ ■0■■■■ ■■ • •••••U■■ ■■ 1111I111I s ■■■■■■■■■■■� •••••••••o• MN= MEM :11i111401M. 9:1g118111G1Yi:1M11. 0 a 0 .141M119:L11. .11UGV /LINda:GF9= UT/LIN a 9:CF9= [KU16]I:0101M.19:LF9= m • 1 ::1:®1.: ® :::: If' =11 IIME MEM NM ME ® .■■■■ ■■ ® '..... .. ✓ ■■■■ .. ® ®■■■■ .. E EMMEN ••••• • ■ ■ HE 1•• 22. MEMORANDUM TO: Mayor Garrett and Council Members FROM: Armando Chapa, City Secretary DATE: April 8, 2009 SUBJECT: Ordinance canvassing the results of the April 4, 2009 General Election and ordering Runoff Election Attached is an Ordinance canvassing the results of the April 4, 2009 general election and an Ordinance calling for a Runoff Election on May 9, 2009. In order to canvass the results, the City Council must compare precinct reports provided to the Mayor by the precinct election judges to the tabulation reports provided by our office. The council has the option to review all precincts or randomly select a few. Once the council is satisfied that the results are accurate the canvass is completed. Armando Secretary -387- AN ORDINANCE CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON APRIL 4, 2009, IN THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF ELECTING THE MAYOR, AND EIGHT COUNCIL MEMBERS; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi ordered and called a General Election for the election of Mayor, and eight Council Members.. WHEREAS, notice of said election was given as required by law; WHEREAS, said election was duly held on the 4th day of April, 2009, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the judges and clerks thereof; and WHEREAS, the Council has today canvassed the returns of said election; and WHEREAS, the Council finds that the said election was in all respects lawfully held and that the City Secretary's tally and certification of results to the Council are correct: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The tally of votes cast in the regular election held on the 4th day of April 2009 for Mayor, and eight Council Members be made and certified to by the City Secretary of the City of Corpus Christi, a copy of which is attached hereto and made a part hereof, and the same is hereby adopted as the official tabulation of the votes cast at said election, for each candidate in each precinct and in sum, and that said tabulation be filed and recorded in the official records of the City of Corpus Christi as the official canvass of said election. SECTION 2. The results of such canvass are declared to be: That the following were duly elected: Mayor Council Member At Large Council Member At Large Council Member At Large Council Member District One Council Member District Two Council Member District Four Council Member District Five Joe Adame Brent Chesney Nelda Martinez Mark Scott Kevin Kieschnick John Edward Marez Chris Adler Larry Elizondo, Sr. That the candidates who received the highest and second highest number of votes in the main election are hereby certified for placement in a Runoff Election as follows: —388— Council Member, District Three Priscilla Leal Roland Barrera SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. 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 April, 2009. ATTEST: The City of Corpus Christi Armando Chapa City Secretary Approved: day of April, 2009 Mary Kay Fischer City Attorney —389— Henry Garrett Mayor Corpus Christi, Texas Day of , 2009 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 City of Corpus Christi 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 Michael McCutchon John E. Marez Nelda Martinez —390— AN ORDINANCE ORDERING A RUNOFF ELECTION TO BE HELD ON MAY 9, 2009 IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF COUNCIL MEMBER DISTRICT THREE; DESIGNATING POLLING PLACE LOCATIONS, ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the official canvass of said election reveals that none of the candidates for the office of Council Member District Three, received the number of votes required for election; and WHEREAS, pursuant to Chapter 271 of the Texas Election Code, the runoff election has been scheduled for Saturday, May 9, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A runoff election for the office of Council Member District Three in the City of Corpus Christi shall be held Saturday, May 9, 2009, with the names of the following candidates for the respective office(s) as follows: Council Member, District Three Priscilla Leal Roland Barrera SECTION 2. That at said election herein ordered, all the District Three qualified voters of the City of Corpus Christi eligible to vote in the runoff election shall be permitted to vote. SECTION 3. The names of candidates for said office shall be placed on said ballot in the manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment shall be used at the election in accordance with Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 am to 7:00 p.m. on the day of the Election. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law. SECTION 6. Early voting in person at each of the temporary branch polling places shall be conducted on April 27, 2009 through May 2, 2009 from 8:00 am to 6:00 pm; and —391— May 4, 2009 through May 5, 2009, from 8:00 am to 6:00 pm. The temporary branch polling places are hereby established as follows: Greenwood Citizens Center 4040 Greenwood Corpus Christi Area Council for the Deaf 5151 McArdle Such early voting in person will also be conducted at the main early voting polling place located at City Hall, First Floor, 1201 Leopard on April 27 - May 1, 2009 from 8:00 am to 5:00 pm, and on May 4 and May 5, 2009, from 7:00 am to 7:00 pm. The branch polling place and the main early voting polling place shall serve all election precincts in District Three. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, tabulation equipment, and supplies in accordance with the joint election agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including, but not limited to provisions for substations and mobile voting sites. SECTION 8. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 10. The fact that it is necessary and essential that the governing body of the City of Corpus Christi order election pertaining to municipal affairs, that the notice of such election should be promptly posted and publish, that a City Runoff election shall be held on Saturday, May 9, 2009, and that the requirements of the Voting Rights Act of 1965 may be timely met, and immediate action is necessary for the efficient and effective administration of the city's affairs, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance shall be passed finally on the date of its introduction but thta such ordinances shall be read at two meetings of the City Council, and the Mayor or five Council Members, copy attached, having Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, the Council hereby finds that such emergency and necessity do exists, and IT IS ACCORDINGLY SO ORDAINED, this —392— Corpus Christi, Texas Day of , 2009 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 City of Corpus Christi 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 Michael McCutchon John E. Marez Nelda Martinez —393— Attachment A CITY OF CORPUS CHRISTI RUNOFF ELECTION MAY 9, 2009 PRECINCT POLLING PLACE AND ADDRESS 4 Kostoryz Elementary School 3602 Panama *15 People's Baptist Church 1355 FM 665 20 Galvan Elementary School 3126 Masterson 24 West Oso Jr. High School (Formerly WO High) 5202 Bear Lane *34 60 70 & 89 71 &95 74 78 Our Lady of Mt. Carmel Mission 1080 Clarkwood Road Adult Learning Center 3902 Morgan Avenue Arrowsmith Apartments 5701 Williams Drive Lexington Elementary School 2901 McArdle Cunningham Middle School 4321 Prescott John F. Kennedy Elementary School 5040 Rockford 80 West Oso Facility (Formerly West Oso Jr. High) 1115 Bloomington 89 See Precinct 70 93 Water Utility Building (Conference Room) 2726 Holly Road 95 See Precinct 71 -394- PRECINCT POLLING PLACE AND ADDRESS 98 Foy H. Moody High School 1818 Trojan Drive 106 Tom Browne Middle School 4301 Schanen 113 Garcia Elementary School 4401 Greenwood 114 St. John's Baptist Church 5445 Greenwood 118 Tabernacle of Praise Church 5918 Kostoryz 121 C.P. Yeager Elementary School 5414 Tripoli * Indicates partially inside and outside city limits. —395— 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: Resolution supporting legislation to create a Padre Island Gateway Municipal Management District ISSUE: To support economic development on Padre Island. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of a resolution supporting legislation to create a Padre Island Gateway Municipal Management District upon the property owned by Golden Pointe, LLC provided that the City and the District enter into a project development agreement. Irma Caballero Director of EconomicDevelopment —399— BACKGROUND INFORMATION Background Golden Pointe, LLC, has asked State Representative Todd Hunter to file a bill to establish a municipal management district for the Padre Island Gateway Project. The City has reviewed the draft proposal and requested substantive changes. Representative Hunter and Golden Point have agreed to these changes. Municipal Management Districts (MMD) are special districts that are self governed but must be approved by the host city. The City also has various checks and balances in the State legislation creating a District, and those provisions have been included in Section .160 which requires that a project development agreement be approved by the City before any projects are undertaken, taxes are assessed or financing is incurred. These districts have the ability to construct public infrastructure and to provide services within the District as approved in their service plan. Attached is a copy of the memo provided to council on April 3, 2009. Golden Pointe, LLC, is the owner of a 45.856 -acre tract of land on Padre Island, located on the north side of South Padre Island Drive at its intersection with Aquarius Drive. This undeveloped site represents the "gateway" to Padre Island in Corpus Christi. The property is bordered by Packery Channel and Nueces County Park — natural boundaries which provide stunning views, excellent marine access, and open space including ecologically- sensitive areas. Preliminary land planning as reflected in the attached maps has taken the natural 'lay -of- the - land" and created a highest and best use strategy that will transform the property into a first- class, marina -based community featuring condominiums and apartments, along with hotel, retail, and restaurant venues. In order for a development of this scale to proceed, the owners have determined that the best legal structure to construct and maintain substantial infrastructure being build is to create a municipal management district for this site. Assessments may be levied on businesses within the district to help fund the cost of the public infrastructure. No property is included in the district other than the 45.856 acres of land owned by Golden Pointe, LLC. The opening of Packery Channel provided a unique opportunity for economic development on Padre Island. Corpus Christi has not been able to capitalize fully on that opportunity at this point, but the municipal management district is a —400— tool that will help in the development of this site to its greatest potential. Required Steps to Create an MMD • Notice of Intention to Introduce a Bill must be published in the local newspaper giving 30 -days' notice of the intention to introduce a bill in the Texas Legislature (Published in Caller Times February 13, 2009) • Notice must be submitted to the governing body of the City and the Nueces County Commissioners Court. (Letters sent to all City Council members and County Commissioners on February 12, 2009) Attached are two draft development plans for the project site. The project is in its early phases and therefore the developer is unable to provide any specific infrastructure projects, layouts and costs. The proposal includes a provision stating that before the district may issue bonds, impose taxes, borrow money, or construct any projects, the district and the City must negotiate and execute a mutually approved and accepted project development agreement regarding the development plans and rules for: (1) the development and operation of the district; and (2) projects and improvements that will be constructed or operated by the district (3) the financing of improvement projects." This provision will assure the City that no specific actions on development of the project by the new district can occur until a project development agreement with all of the necessary details is finalized and approved by the City. This MMD will not impact any other property on Padre Island, and only the lands currently owned by Golden Pointe, LLC will be subject to any assessments. Once enacted, the proposal should facilitate the development of this property for its highest and best use, with the final development plans of the district subject to City approval. A meeting was held on Padre Island this past weekend with representatives of the Padre Island Business Association and the Padre Isles Property Owners - Association, Inc. Representatives of those organizations expressed support for the concept in order to help spur development of this key property on Padre Island. -401- Attachments: 1) Two draft development plans for the project site 2) Memo to Council Re: MMDs Requested 3) Padre Gateway FAQ —402— -405- City of Corpus Christi MEMORANDUM TO: Mayor and City Council Through: `Angel R. Escobar From: Irma Caballero DATE: 04/03/04 SUBJECT: Municipal Management Districts Requested by Padre Island Gateway Project and La Palmera We have been advised by our legislative delegation that two developers are requesting their projects be designated as Municipal Management Districts (MMDs). The purpose of this email is to provide a brief overview of how these districts are created, how they function and potential benefits. You will then be provided an overview of the two MMD requests for City sponsorship and lastly our proposed actions regarding these requests. Overview: MMDs are special districts that are self governed but must be approved by the host city. The City also has the ability to require checks and balances in the State legislation creating the District. These districts have the ability to construct public infrastructure and to provide services within the District as approved in their service plan. These districts can be created either by application to the TCEQ (-9 month process) or by application to the State Legislature (- 4month process) with support from the City. Districts may: • Issue tax exempt bonds but the bond debt is not city debt and does not impact city bonding capacity. Bond Issuances must be approved by the City Council. • Levy taxes, assessments and impact fees per their service plan. Assessments can only be done by petition of affected property owners and property taxes require approval by the majority of eligible voters in the district. • Use powers applicable to conservation and reclamation, road districts, road utility districts and the Transportation code. • Often be combined with TIFs to provide funding necessary to finance infrastructure improvements and supplement the City's capital investment. • Corpus Christi has one MMD known as the Downtown Management District. 1 —407— MMDs promote, develop, encourage and maintain employment, commerce, transportation, housing, tourism, recreation, arts, economic development, safety and public welfare within a defined area. They enhance supplemental services to an area by creating an independent financing mechanism to fund these services and focus primarily on commercial development or business activity. MMDs provide complimentary and supplemental services but do not replace services provided by the City. Governance: The initial board is appointed by the creating legislation. Thereafter, new appointments /reappointments are recommended by the governing board and approved by the City Council. Board members have 4 year staggered terms and must be at least 18 years of age, a resident or owner of property in the District, an owner of stock of a corporate owner of property in the District, an owner of a beneficial interest in Trust that owns property in the District or an agent, employee or tenant of a person that owns property in the District. Services and Projects: • Economic Development • Business Recruitment • Promotion of Health and Sanitation • Public Safety, Traffic Control and Recreation • Landscaping, lighting and signs • Streets, Walkways and Drainage • Solid Waste, Water, Sewer and Power Facilities • Parks, Historic Areas, Works of Art • Parking Facilities and Transit Stations Revenue: MMDs may issue bonds which can be supported by real property taxes, assessments or impact fees. Assessments: • Based on appraised value • May be applied to all property owners both commercial and residential. Generally only commercial property owners are taxed. • Provide an exemption for non - profits, churches, governmental entities and utilities • May provide a full or partial exemption for homesteads, disabled individuals and individuals who are 65 years or older. 2 —408— • Are due on January 31St and can create a property lien in the same manner as Ad Valorem taxes Dissolution: Occurs by a petition of the property owners, a vote of the Board or a resolution by the City Council. MMDs Pros Addresses development needs Ability to levy taxes and assessments Can impose impact fees Can issue bonds (requires City approval) Can use in conjunction with a TIF Bond debt is not City debt and will not impact City's bonding capacity Proposed MMD Projects: Cons Strong Powers helpful but if there are incompatible political perspectives about development priorities this may lead to conflict Assessments helpful in well defined areas but less appropriate for wide areas with diverse ownership Not utilized in current MMD City's ability to terminate unclear if there is outstanding debt. There is limited ability to finance improvements without Ad Valorem tax a) Padre Island Gateway is a development proposed by Golden Pointe, LLC on a 45. 856 acre tract on Padre Island located on the north side of South Padre Island Drive at the intersection of Aquarius Drive. The project is bordered by Packery Channel and Nueces County Park. This project will create a first -class marina based community featuring condominiums and apartments, along with hotel, retail and restaurant venues. The plan will take advantage of projected population growth on the Island as well as the more than 6 million tourists that visit the area annually the owners have determined that the best legal structure to construct and maintain necessary infrastructure is to create a municipal management district for the site. No property is included in this proposed district other than the 45.856 acres of land owned by Golden Pointe, LLC." Their proposed legislation was reviewed by the City's legal department and changes were requested by legal staff and to our knowledge have been accepted by the developer. 3 —409— After review of the statutory requirements, the public infrastructure required, benefits derived from this funding mechanism which minimizes the use of City funds, a MMD designation for this project appears appropriate. b) La Palmera, formerly known as Padre Staples Mall, owned by Trademark, Inc is also proposing legislation to create a MMD for the approximately 60 acres of land located within La Palmera Mall at 5988 South Padre Island Drive. Because of current economic conditions and increased demands for lower rents and finish out dollars the MMD would "allow Trademark to monetize the TIF, sales tax or 380 agreement revenue stream already agreed to by the City and enable development to get the funds in the near term " Trademark "could lose significant tenant momentum as capital markets continue to be tight. With the MMD La Palmera will become a reality on the lease up timelines envisioned by the local community." City staff is in discussion with Trademark as they evaluate the use of a MMD for their Project. Trademark has indicated they will request City support if they decide the MMD meets their needs. Recommendation: At Trademark's request no action is requested at this time for the proposed legislation for the MMD for La Palmera. The Gateway project will need an indication of city support at the earliest possible opportunity. Two options can be considered. You may want to discuss this with the Mayor and the District representative or a special called meeting may be required to take a formal position on the proposed legislation. The legislative session is halfway over and any necessary legislation must be acted upon quickly in order for the effort to succeed. —410— PADRE GATEWAY Q Why does this development need an Municipal Management District? The overall economy has drastically reduced sources of funding for economic development projects. The few retailers, builders, etc., still willing to pursue projects are demanding lower rents and more finish out dollars from project landowners /developers. Additionally, communities do not have the resources to provide key public infrastructure assets to facilitate development. To reduce these pressures, the landowner's goal for the Padre Gateway is to utilize a Municipal Management District (MMD) to fund public improvements that would normally be paid for by the local taxpayers. Q What will happen to the development without the MMD? The landowner is doing everything it can to keep the project on track. But like all mixed - use projects in the nation, capital markets continue to be tight. With the MMD, the development will stay on tract. Without the MMD, timelines and project are subject to the same credit freeze problems we read about daily in the newspaper. Q Does the MMD raise taxes or impose new taxes on the citizens or businesses of Padre Island? No. It does not and may not impose additional taxes on the citizens. Q Does the MMD reduce demand on the local community? An MMD reduces burdens on the expansion of City services while increasing revenues. This financial freedom allows the City to look at tax reductions or at least mitigates potential tax increases. The MMD will allow the project to continue on schedule, bringing new residents and business to Padre. O Can the MMD annex property or use eminent domain? No. Q Does the local community have control over the actions of the MMD? Yes. The primary purpose of the MMD is to finance public improvements. The landowner will be required to obtain approval by the Corpus Christi City Council for its finance plan prior to any action. The MMD is not capable of entering into any financing arrangements without the expressed support of the City of Corpus Christi. Q Do the bonds issued by the MMD affect the city/community bond rating or debt capacity? No. Q Is there any liability to the citizens should the project ultimately fail? Q A —411— No. Do other communities use MMDs? Yes. In fact Corpus Christi has had an MMD in place for the downtown area since 1992. Other communities like Houston, Dallas, Arlington, Austin and many others are using MMDs in order to keep retail projects on track in this economy. Page 1 of 4 RESOLUTION SUPPORTING LEGISLATION TO CREATE A PADRE ISLAND GATEWAY MUNICIPAL MANAGEMENT DISTRICT WHEREAS, municipal management districts promote, develop, encourage and maintain employment, commerce, transportation, housing, tourism, recreation, arts, economic development, safety and public welfare within a defined area and provide a means of funding public infrastructure and enhanced supplemental services to the area; WHEREAS, municipal management districts provide complimentary and supplemental services, but do not replace services provided by municipality; WHEREAS, municipal management districts may levy taxes and impose assessments under its approved service plan; WHEREAS, the assessments of municipal management districts must be requested by petition of affected property owners; WHEREAS, the real property taxes of municipal management districts must be approved by a majority of eligible voters in District; WHEREAS, municipal management districts may issue bonds when authorized by State statute and authorized by its local governing municipality; WHEREAS, a municipal management district's bond debt must be solely supported by the district's real property taxes or assessments; WHEREAS, a municipal management district's bond debt is not City debt and does not impact City bonding capacity; WHEREAS, a municipal management district's initial board of directors are appointed by creating legislation, but new appointments and reappointments are made by the City Council; WHEREAS, the municipal management district will not have the power of eminent domain; WHEREAS, the municipal management district may be dissolved by the City Council; WHEREAS, Golden Pointe, LLC, which is the owner of a 45.856 -acre tract of land on Padre Island located on the north side of South Padre Island Drive at its intersection with Aquarius Drive, has requested that the Texas Legislature create the Padre Island Gateway Municipal Management District; WHEREAS, Golden Pointe, LLC, has requested that the City support legislation to create the Padre Island Gateway Municipal Management District; and PIGMMD Resolution 04082009rev1 —412— 2 WHEREAS, the creation of a municipal management district upon the property owned by Golden Pointe, LLC, could enhance the economic development of Padre and Mustang Islands, and could help the City address some infrastructure needs in that area on Padre Island; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi supports legislation creating the Padre Island Gateway Municipal Management District, provided that the legislation: a. Requires the City and the district to enter into a project development agreement covering the taxes and assessment that may be levied, the projects that may be undertaken, and any financing that may be incurred.. b. Prohibits the district from undertaking or financing any program or project, unless the program or project is specifically addressed in the project development agreement. c. Provides that only the district is liable for any bonds or other financial securities issued by the district, and ensures that neither the City is not liable on the bonds or other financial securities. d. Recognizes that all activities and actions within the district must comply with all City ordinances and requirements, including any required permits. e. Ensures that any funds raised by assessments, ad valorem taxes, or impact fees may only be used for public purposes or to fund public infrastructure. f. Ensures that the district may not act as the agent or instrumentality of any private interest. g. Provides that the City Council appoints any replacement directors. h. Ensures that the actions of the district or its board of directors may not create any liability against the City or any other political subdivision. i. Ensures that the City is authorized to dissolve the district. SECTION 2. The City Manager is authorized to support any legislation that addresses the issues identified in this resolution that does not reduce or limit the City's authority and powers. —413— ATTEST: Armando Chapa City Secretary APPROVED: 8th day of April, 2009. R. Ja, ' ern g Firs Assi ant City 'orney For City Attorney Page 3 of 4 THE CITY OF CORPUS CHRISTI Henry Garrett Mayor PIGMMD Resolution 04082009rev1 —41 4— Corpus Christi, Texas of ,2009 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 —415— 4 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on status of the storm water drainage utility rate development. STAFF PRESENTER(S): Name Title /Position Department 1. Oscar Martinez Interim Asst. City Manager, Public Works OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None 2. Additional Background ❑ Exhibits ❑ -419- Oscar R. Martinez Assistant City Manager 0) E ._ ■ ■ CV fl c ft cij c ft cij cij 0 Lr) Lr) cij 1) cij c ft _o ft - 0 _c c 0 kci 0 c '5 a) H c 0 7).4- c a) E a) 0 E 0) Lr) c 0 ,L) 0 u 0 0 c (s) a) 0 ro a) 0 E.r) en