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HomeMy WebLinkAboutAgenda Packet City Council - 05/26/200911:45 A.M. - Proclamation declaring May 26, 2009 as "Errol Summerlin Day" Proclamation declaring the week of May 24 -30, 2009 as "Hurricane Awareness Week" Certificate of Commendation for Pete Stricker AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 26, 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 cree que su ingles es limitado, habrr 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. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Kyle Livingston, Sr. Pastor, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 26, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of two Regular Meetings of May 19, 2009. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Civil Service Board /Commission * Park and Recreation Advisory Committee • Sister City Committee * Transportation Advisory Committee 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 of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting May 26, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the lease of a wheel loader with Waukesha - Pearce Industries, Inc., of Corpus Christi, Texas for the total amount of $96,000, of which $8,000 is budgeted in FY 2008- 2009. The award is in accordance with Bid Invitation No. BI- 0152-09 and is based on best value. The term of the lease is for twenty -four months with an option to extend the lease for up to twelve additional months subject to the approval of the City Manager or his designee. The wheel loader will be used by the Parks and Recreation Department. (Attachment # 3) 4. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $300,000 to the Office of the Governor, Criminal Justice Division, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds to be used for the purchase of equipment and educational program to reduce crime and improve the efficiency and effectiveness of the criminal justice system and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5. 6. a. Motion approving the purchase of Citrix XenApp Gold System from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $152,433, including software, professional services, 12- month software maintenance and remote phone support to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor. (Attachment # 5) b. Motion approving the purchase of continued annual maintenance from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for the Citrix XenApp Gold system subject to annual appropriation of funds. Intergraph Corporation is a State of Texas GoDirect Vendor. (Attachment # 5) a. Motion approving Amendment One to Schedule 1 to the Software License and Services Agreement, dated March 24, 1998 and all amendments and addenda thereto between City of Corpus Christi and Oracle USA, Inc. (successor in interest to PeopleSoft USA, Inc.) (Attachment # 6) Agenda Regular Council Meeting May 26, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion approving the purchase of additional PeopleSoft Budget and Finance software license and support from Oracle USA, Inc. of Redwood Shores, California for the total amount of $191,418, consisting of one -time license expansion fee of $156,900 and support fee of $34,518. (Attachment # 6) c. Motion approving the purchase of continued annual maintenance from Oracle USA, Inc. of Redwood Shores, California for the PeopleSoft Budget and Finance software subject to annual appropriations of funds. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas, in the amount of $147,955 for the Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements for design, bid and construction phase services. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a construction contract with Palacios Marine Industrial Coating, Inc., of Palacios, Texas in the amount of $218,499 for the Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade for the Total Base Bid plus Additive Alternate Nos. 1 and 2. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute the Ratification of Amendment No. 5 of an engineering services contract with HDR Engineering, Inc., of Corpus Christi, Texas in an amount not to exceed $6,770 for a restated total fee not to exceed $51,770 for assistance with the U.S. Army Corps of Engineers Beach Cleaning Permit Application. (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute Change Order No. 14 to the construction contract with Bay Ltd., of Corpus Christi, Texas in the amount of $599,985 for a total restated fee of $11,413,882.78 for a 2 -inch overlay of hot mix asphaltic concrete, milling, manhole adjustments, pavement markings and related improvements for the Cimarron Boulevard, Phase 1 - Saratoga to Yorktown, for Bond 2008 Design Coordination and Project Management Services. (Bond 2004) (Attachment # 10) Agenda Regular Council Meeting May 26, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Relocation Agreement for adjustment of a six -inch (6 ") and ten -inch (10 ") pipeline in an additional amount of $128,755 for a restated not to exceed amount of $498,800 with NuStar Logistics, L.P., of San Antonio, Texas for the Corpus Christi International Airport Drainage Phase VI Project. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute an architectural services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in an amount of $280,211, for the new Vehicle Impound Facility, Phase 1 for design, bid, construction, and additional phase services. (Bond 2008) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a consultant services contract with Horizon Centre of Howard County, Maryland in the amount of $79,415 for the Development Services Process Improvement Project, Phase V. (Attachment # 13) 14. Ordinance abandoning and vacating a 625 - square foot portion of an existing 5 -foot wide electrical easement out of Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street right -of -way; requiring the owner, Saratoga Village Partners, L.L.C. to comply with the specified conditions. (Attachment # 14) 15. Ordinance approving the transfer of the lease with Corpus Assets, L.P., to Svabic Family Partnership, Ltd. for aerial, surface, and subsurface premises for operation of pedestrian skywalk across Antelope Street right -of -way between American Bank building and Petroleum Tower. (Attachment # 15) 16. Ordinance appropriating $432,503 from the Sanitary Sewer Trunk System Trust Fund No. 540450 - 21800 -4220 to pay The Preserve at Mustang Island, L.L.C., for Phase One (1) of the construction and installation of a Master Plan Lift Station with 8- foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (Attachment # 16) Agenda Regular Council Meeting May 26, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Resolution of the City of Corpus Christi, Texas authorizing intervention in AEP Texas Central Company's and AEP Texas North Company's request for approval of an advanced metering system (AMS) deployment plan and request for AMS surcharges filed at the Public Utility Commission of Texas; approving cooperation with the Steering Committee of Cities served by AEP Texas Central Company and Steering Committee of Cities served by AEP Texas North Company to review the application, and hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals. (Attachment # 17) 18. Resolution nominating Overhead Door Corporation, Horton Automatics Division to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a single retained job enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment # 18) 19. Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. (Attachment # 19) 20. First Reading Ordinance — Renaming the park located at 300 Sandbar - South from "Corpus Christi Beach Park" to "Dolphin Park ". (Attachment # 20) J. PUBLIC HEARINGS: 21. a. Public hearing to receive public comments regarding the City of Corpus Christi's proposed use of $911,062 of Community Development Block Grant (CDBG) program funds as it relates to the American Recovery and Reinvestment Act of 2009 also known as CDBG -R. (Attachment # 21) b. Council discussion and recommendations on a list of projects /activities to be funded. (Attachment # 21) Agenda Regular Council Meeting May 26, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: 22. Ordinance amending Ordinance No. 028170 regarding conflicts of interest to suspend the effective date. (Attachment # 22) 23. 24. a. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation in an amount up to $8,500,000 for the purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (Attachment # 23) b. Motion authorizing the appointment of Estrada Hinojosa & Company as Sole Underwriter; M.E. Allison as Financial Advisor; and Fulbright & Jaworski, LLP as Bond Counsel for the City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation, Series 2009. (Attachment # 23) a. Resolution authorizing the City Manager or his designee to amend the FY2009 Consolidated Annual Action Plan by adding additional funding in the amount of $40,942 for the Community Development Block Grant Program and $178,635 for the HOME Investment Partnerships Program for approved projects. (Attachment # 24) b. Motion authorizing the City Manager or his designee to reallocate $350,000 of FY 2009 HOME program funding from the Costa Tarragona II project to the Major Rehabilitation ($150,000) and Model Block Program ($200,000) projects. (Attachment # 24) Agenda Regular Council Meeting May 26, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. SPECIAL BUDGET PRESENTATION: 25. Proposed FY 2009 -2010 Operating Budget: General Overview (Attachment # 25) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Development Services Department Progress Update (Attachment # 26) (RECESS REGULAR COUNCIL MEETING) N. ANNUAL MEETING OF CITY CORPORATIONS: 27. CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING (CCHFC): (Attachment # 27) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING DATE: Tuesday, May 26, 2009 TIME: During the meeting of the City Council beginning at 10:00 a.m. ,PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Angel R. Escobar, General Manager Chris Adler Armando Chapa, Secretary Brent Chesney Mary Juarez, Asst. Secretary Larry Elizondo, Sr. Cindy O'Brien, Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal John E. Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 26, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Approval of the minutes of March 31, 2009. 4. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 5. Approval of Financial Report. 6. General Manager's Annual Report. 7. Designation of Secretary to serve as Registered Agent. 8. Public Comment. 9. Adjournment. 28. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION (CCIDC): (Attachment # 28) AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ANNUAL MEETING DATE: Tuesday, May 26, 2009 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Angel R. Escobar, General Manager Chris Adler Armando Chapa, Secretary Brent Chesney Mary Juarez, Asst. Secretary Larry Elizondo, Sr. Cindy O'Brien, Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal John E. Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 26, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 4. Approval of the minutes of August 12, 2008. 5. Approval of Financial Report. 6. General Manager's Annual Report. 7. Designation of Secretary to serve as Registered Agent. 8. Public Comment. 9. Adjournment. 29. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC): (Attachment # 29) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, May 26, 2009 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John E. Marez Angel R. Escobar, General Manager Larry Elizondo, Sr. Armando Chapa, Secretary Priscilla Leal Mary Juarez, Asst. Secretary Nelda Martinez Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treas. Agenda Regular Council Meeting May 26, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion re- appointing John E. Marez, Larry Elizondo, Sr., Priscilla Leal, Nelda Martinez and appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark Scott as Board Members of the CCCIC. 4. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 5. Approval of the minutes of January 13, 2009. 6. Approval of the financial report. 7. General Manager's Annual Report. 8. Appointments to the Loan Review Committee. 9. Public Comment. 10. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) 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. Agenda Regular Council Meeting May 26, 2009 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. P. 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. Q. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. R. 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. 00 p.m., on May 22, 2009. Olt/W.-ma Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 re IYOWNI 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 May 19, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper Bill Kelly Priscilla Leal John Marez Nelda Martinez ABSENT Mike Hummel) Michael McCutchon 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. Council Member Leal requested that a special prayer be given for Randy Hummel) and Steve Balboa. The invocation was delivered by Reverend Henry Williams with Corpus Christi Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 12, 2009. A motion was made and passed to approve the minutes as presented. Mayor Garrett opened discussion on Item 2 regarding the ordinance canvassing and declaring the results of the runoff election on May 9, 2009 for the purpose of electing Council Member District 3. Mayor Garrett stated that he had reviewed and felt comfortable with the results as presented. Mayor Garrett made a motion to approve the results as presented and called for the vote. The motion was seconded by Mr. Elizondo. The Council concurred. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 028171 Ordinance canvassing returns and declaring the results of the Runoff Election of May 9, 2009 in the City of Corpus Christi for the purpose of electing Council Member District 3. An emergency was declared, and the foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye "; Hummell and McCutchon were absent. —1— Minutes — Regular Council Meeting May 19, 2009 — Page 2 Mayor Garrett opened discussion on Item G, outgoing Council Member speeches and presentations. The outgoing Council Members thanked their families, friends, supporters, constituents, and City staff for their assistance and support during their time of public service. Council Members Martinez, Marez, Leal, and Elizondo, individually spoke regarding the accomplishments and leadership of the outgoing council members during their time in office. Mayor Garrett presented outgoing Council Members Cooper and Kelly with a gift on behalf of the City of Corpus Christi. Mayor Pro Tem Elizondo presented Mayor Garrett with a gift on behalf of the City for this many years of public service. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11: 13 a.m. on May 19, 2009. -2- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 19, 2009 — 2:30 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Prior to the 2:30 Regular Council meeting, the Pledge of Allegiance to the United States flag was led by County Judge Loyd Neal. The invocation was delivered by The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi. The Honorable Hayden Wilson Head, Jr., Chief Judge of the U.S. District Court for the Southern District of Texas, conducted the swearing -in . ceremony of the Mayor and Council members. The Mayor and each Council Member thanked their family, friends, and supporters for their assistance and encouragement during the election process. Mayor Adame called for a brief recess before the new Council began their first Regular Council meeting. * ** *xxe• *e *w Mayor Adame called the meeting to order in the Council Chambers of City Hall. The Pledge of Allegiance to the United States flag was led by Council Member Kieschnick. 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 Adame referred to Item D, the selection of Mayor Pro Tem. He recommended rotating the Mayor Pro Tem service dates for the Council Members. Mr. Marez made a motion to accept the Mayor Pro Tem rotation. The motion was seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: D. MOTION NO. 2009 -132 Motion providing for rotation of Mayor Pro Tem services as follows: District 1 — Kevin Kieschnick (May 19, 2009 — August 12, 2009) District 2 — John Marez (August 13, 2009 — November 6, 2009) District 3 - Priscilla Leal (November 7, 2009 — January 31, 2010) District 4 — Chris Adler (February 1, 2010 — April 27, 2010) District 5 — Larry Elizondo (April 28, 2010 — July 22, 2010) At Large — Mark Scott (July 23, 2010 — October 16, 2010) At Large — Brent Chesney (October 17, 2010 — January 10, 2011) At Large — Nelda Martinez (January 11, 2011 — End of Term) -3- Minutes — Regular Council Meeting May 19, 2009 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MayorAdame referred to Item E, announcement of Committee Assignments. MayorAdame made the following committee assignments: Municipal Court Committee John Marez, Chairman Chris Adler Nelda Martinez Larry Elizondo Administrative Committee Mark Scott, Chairman Kevin Kieschnick Priscilla Leal Brent Chesney Mayor Adame called for consideration of the consent agenda (Items 1-4). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 1.a. RESOLUTION NO. 028172 Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council (RAC) in the amount of $9,710.29 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 1.b. ORDINANCE NO. 028173 Ordinance appropriating $9,710.29 from the Coastal Bend Regional Advisory Council (RAC) into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 2. MOTION NO. 2009 -129 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas, in the amount of $273,817 for the HEB Pool Complex Replacement for design, bid and construction phase services. (Bond 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3. MOTION NO. 2009 -130 Motion authorizing the City Manager or his designee to execute a construction contract with Hamman Excavating of Corpus Christi, Texas, in the amount of $239,000 for the Wards Building Rehabilitation and Parking Lot for Base Bid A only for the new paved parking lot. —4— Minutes — Regular Council Meeting May 19, 2009 — Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. ORDINANCE NO. 028174 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding City Council's Youth Advisory Committee; and providing for publication. (First Reading 05/12/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 5 regarding a new branding program for Corpus Christi Beach. City Manager Escobar introduced Tom Schmidt with the Texas State Aquarium and Captain Rocco Montesano with the U.S.S. Lexington. Mr. Schmidt explained that the business community on Corpus Christi Beach has developed a new branding program to promote Corpus Christi Beach in the tourist industry. Kristin Rails, Texas State Aquarium, provided examples of signage. Mr. Schmidt stated that the program will promote the beach with a series of billboards and street banners to create awareness of events taking place on Corpus Christi Beach and announced the creation of the website for the program, www.discoverccbeach.com. Mr. Montesano spoke regarding the marketing and advertising concept for the program. In response to Council Member Marez, Mr. Schmidt stated that the banners and signage promoting Corpus Christi Beach will compliment the DTown and SEATown signage but will have its own identity. Mr. Montesano said that Corpus Christi Beach would like the same type of kiosks proposed for the downtown area. * * * * * * * * ** *** Mayor Adame opened discussion on Item 6 regarding granting the Honorary Title of Mayor Emeritus to Henry Garrett. City Secretary Chapa explained that this item was a resolution authorizing that the Honorary Title of Mayor Emeritus be granted to Henry Garrett, in recognition of his many years of service to the City of Corpus Christi. Mayor Adame stated that it was a great pleasure to provide this resolution to Henry Garrett for his dedication and commitment to the community. Henry Garrett thanked the Council for bestowing him with this honor. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 028175 Resolution authorizing that the Honorary Title of Mayor Emeritus be granted to Henry Garrett, in recognition of his many years of service to the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —5— Minutes — Regular Council Meeting May 19, 2009 — Page 4 MayorAdame opened discussion on Item 7 regarding the financial policies. Interim Assistant City Manager Cindy O'Brien introduced Interim Director of Financial Services Constance Sanchez and Assistant Director of Management & Budget Eddie Houlihan who were available to respond to questions. Mr. Houlihan explained that the Financial Polices require annual adoption and provided a brief overview of each of the sections in the policy. The following topics pertaining to this item were discussed: if the City is currently using the five -year forecasting; quarterly reports; whether closing the books each month allows for the Comprehensive Annual Financial Report (CAFR) to be completed sooner and delays the quarterly reports; the language in Section 4 regarding maintaining the effective tax rate versus reducing the rate; the fund balance reserve; deletion of the statement regarding fiscal discipline from the mission statement; the facilitator for the Council retreat; whether the Administrative Committee will review the forecasting; conservative estimates for the property tax rate; and whether the mission statement included in the financial policy is the mission statement for the City. MayorAdame requested that staff bring back the financial policy for review after the Council retreat. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 028176 Resolution amending Financial Policies adopted by Resolution No. 027683 and providing financial policy direction on preparation of the FY 2009 -2010 Budget. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 8 regarding the North Port Avenue Project. Director of Engineering Services Pete Anaya stated that this item is the last major roadway project to be awarded as part of Bond 2004 program and provided the project description and bid information. Mr. Anaya explained that an amendment needs to be made to the appropriating ordinance changing the appropriation from $6,413,600 to $4,262,577 from the Streets CIP fund and adding $2,151,023 from the Storm Water CIP Fund. Ms. Martinez made a motion to amend the ordinance. The motion was seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". The following topics pertaining to this item were discussed: the difference in price between the asphalt and concrete bids; whether a median is included as part of the project; and the difference between the engineer's estimate and the actual cost of the project. Council Member Chesney commented that SLC Construction L.P. is located in Conroe, Texas but has a local presence in Corpus Christi. Council Member Adler requested an explanation of the bid process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting May 19, 2009 — Page 5 8.a. ORDINANCE NO. 028177 Ordinance appropriating $4,262,577 of anticipated revenues from the Texas Department of Transportation in the No. 3530, Streets Capital Improvement Project (CIP) Fund and $2,151,023 of anticipated revenues from the Texas Department of Transportation in the No. 3480 Storm Water CIP Fund for the North Port Avenue Project; amending FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $6,413,000. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. MOTION NO. 2009 -131 Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, L.P. of Conroe, Texas in the amount of $8,046,328.91 for North Port Avenue from IN 37 to US 181. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 9 regarding an interlocal agreement with Texas AgriLife Research. Patrick Wilshire, Economic Development, introduced presenters Dr. Juan Landivar and Dr. Carlos Fernandez with Texas AgriLife Research. Mr. Wilshire explained that Texas AgriLife Research is requesting the City's support for participation of integration of bio- refinery operations through the United States Department of Energy to develop and operate the algae biofuel production system. Mr. Wilshire provided a brief overview of the project description and stated that AgriLife is requesting the use of 75,000 gallons of partially treated wastewater or effluent from the Barney Davis Treatment Plant. Assistant City Attorney Jay Reining explained that an amendment needs to be made to the resolution and the interlocal agreement changing the style of the AgriLife name and the indemnity provisions. Director of Wastewater Foster Crowell was also available to respond to questions. Ms. Martinez made a motion to substitute the resolution and interlocal agreement. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Dr. Landivar referred to a powerpoint presentation including the partnerships; the request for wastewater; the reason for using algae; composition of various algae species; the algae production system; efficiency of algae to produce biofuels; the reason for selecting Corpus Christi; map of the water treatment plants in Corpus Christi; picture of the site; production issues; and a vision for the future.. The following topics pertaining to this item were discussed: changes to the agreement; the wastewater plant being used for the project; the federal funding; when AgriLife intends to receive an answer on funding; and whether there will be a cut in the reduction of costs of the wastewater process to the City during the commercialization phase. -7- Minutes — Regular Council Meeting May 19, 2009 — Page 6 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 028178 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas AgriLife Research, a member of the Texas A &M System, for support of the AgriLife's participation in General Atomics' Demonstration of Integrated Bio- Refinery Operations for the United States Department of Energy (Biofuel Project). The foregoing resolution was passed and approved as substituted with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame called for petitions from the audience. Dr. Gloria Scott, 4422 S. Alameda, thanked the Council for their leadership and service to the community. Dr. Scott spoke regarding her observation of local, state and federal government for participation, inclusiveness and diversity. Dr. Scott provided the Council with information on the upcoming Juneteenth celebration. Ron Hamilton, 3636 S. Alameda, congratulated the Council on their victories and invited the Council to attend the Citizens Advisory Health Board meeting scheduled for Wednesday, May 2othat at 12:00 p.m. to hear the health issue concerns of citizens regarding the Las Brisas plant. Servando Dimas, 4123 Carroll Lane, spoke regarding the lack of attention to connector streets and improving infrastructure in area where needed. Mariza Smith, 1400 Ocean Drive, spoke regarding community assisted agriculture and challenged the public to "romance the dirt". Mike Staff, President of the Corpus Christi Police Officers Association, congratulated the Council on behalf of the POA and spoke regarding the search process for the Chief of Police position. Carlos Torres, President of the Corpus Christi Firefighters Association, congratulated Mayor Adame and new Council and thanked the outgoing Council for their service. Abel Alonzo, 1701 Thames, asked the Council to support the City Manager and department heads and spoke regarding the character and ethics of City Manager Escobar. Carolyn Moon, 4902 Calvin, spoke regarding environmentally friendly issues. Jim Cramer, Chairman of the Ethics Commission, spoke regarding the Ethics Commission not being allowed to review the recently implemented changes to the Ethics Ordinance. Mr. Cramer asked the Council to suspend the effective date of the changes to the Ethics Ordinance until the Ethics Commission can make a recommendation to the City Council. Rebecca Esparza, Ethics Commission member, was present to support the Ethics Commission. Mayor Adame asked the City Manager to place this item on next week's agenda. • * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:21 p.m. on May 19, 2009. „* ** * * * * * * * ** -8- 2 AIRPORT BOARD — Three (3) vacancies with terms to 4 -4 -12. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE *Richard Drilling 04 -04 -09 09 -09 -08 *Joseph Wise 04 -04 -09 04 -18 -06 William D. Dodge, III 04 -04 -11 03 -22 -05 Ed Hicks, Chair 04 -04 -11 05 -13 -08 Jesse Olivares 04 -04 -10 11 -08 -05 Donald M. Feferman 04 -04 -10 04 -13 -04 George B. Richard 04 -04 -11 05 -20 -08 * *Sam J. Susser 04 -04 -09 04 -18 -06 J.C. Ayala 04 -04 -10 01 -14 -03 George H. Fisher 04 -04 -11 05 -20 -08 (The Airport Board is recommending the reappointments of Richard Drilling and Joseph Wise. Also, the board is recommending the new appointment of Chad Magill. Alternate recommendations are Robert G. Goodwin, Robert Jacobi, or William McCord.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Richard Drilling 6 2(2exc) 33% Joseph Wise 10 8 80% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen Cristi J. Caviness President, Stewart Title. Activities include. Executive Women's International, Rotary Club, and CCAR. (5 -13- 09) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —11— Vincent E. Doyle Joseph M. Dudek Norma Franklin Mike Garey Robert G. Goodwin Chris Hamilton Kelly Harlan Eduardo Hinojosa Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Aviation Maintenance Coordinator, Del Mar College. Received Bachelor and Master of Science from Texas A &M University- Corpus Christi, Aviation Technology Diploma from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club Advisor, and Aviation Technician Education Council Board Member. Recipient of Del Mar College Program of Excellence 2007. (3 -31- 09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (4- 13 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Senior Pilot/Director of Aviation Maintenance, JV Industrial Companies. Retired from Department of Homeland Security, Customs and Border Protection, and (CBP) Air and Marine. Received training from Houston Community College, Federal Law Enforcement, Federal Aviation Administration, and National Finance Center. Activities include: Coastal Bend law Enforcement Intell Sharing Group and Transportation Security Agency (TSA). (11 -3 -08) Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. (12- 10 -08) Director of Operations/Pilot, Lone Star Overnight. Attended Embry- Riddle Aeronautical University. Activities include: FAA FAAST Safety Team Representative, AOPA Airport Representative, and Flight Instructor. (5 -7 -09) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (4- 13 -09) —12— Robert Jacobi William McCord Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) President, WKMC Architects, Inc. Received Bachelor of Architecture from University of Texas at Austin. Activities include: American Institute of Architects, Design/Build Institute of America, USS Lexington Museum on the Bay Director, and Corpus Christi Yacht Club Director. (5 -8 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Chad Magill Mark Minutaglio Rita Sonia Padron Keith Parker Dudley Prewitt CIO /CSO, Identity Theft Solutions, LLC. Received Certifications from Macromedia University. Activities include: Corpus Christi Hispanic Chamber of Commerce - Chairman, Big Brothers and Big Sisters of South Texas — Treasurer, Goodwill Industries of South Texas, Westside Business Association, Economic Development Corporation, Downtown Management District, Downtown Redevelopment Committee, Corpus Christi PATCH and Corpus Christi Chamber of Commerce. Graduate of Leadership Corpus Christi Class XXXIV and Corpus Christi University Class I. (5 -7 -09) Owner, South Texas Provisions. Received BA from Penn State University. (12 -9 -08) Retired, Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2 -4 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. (4- 23 -09) Retired, Transportation Security Administration. Attended Texas Tech University. Served in the United States Navy. Activities include. State of Texas - Licensed Irrigator and Professional Association of Dive Instructors. (4- 17 -09) —13- Donald E. Russell Jodi Steen William Strawn Ernest M. Trevino, Jr. Michael Tromm President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information • Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Licensed Pilot and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (4- 16 -09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (4- 16 -09) Retired, Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and serves as an Elder, Chairman of Endowment Committee and Assistant Chair of Finance Committee for Parkway Presbyterian Church. (10- 16 -08) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12 -26- 08) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) —14— CIVIL SERVICE BOARD /COMMISSION — Two (2) vacancies with terms to 6 -15 -09 and 6- 15 -10. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally, the same member serves on the Board and Commission. Since one of the terms end on 6- 15 -09, it is recommended that appointment be for a new three-year tern: ending 6- 15 -12.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three -year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. ORIGINAL MEMBERS TERMS APPTD. DATE ** *Jessica Davila - Burnett 6 -15 -09 8 -19 -08 John Silvas, Chair 6 -15 -11 3 -08 -05 *Eileen Butler 6 -15 -10 7 -11 -06 *Eileen Butler failed to submit her Ethics Report timely. She was out -of -town on a business trip on the due date. Per the Ethics Ordinance failure to submit a timely report constitutes an automatic termination. Ms. Butler has excellent attendance and has not missed a meeting during her tenure and wishes to be reinstated. (Note: City Manager Angel R. Escobar is recommending the new appointment of Susanne Bonilla and the reinstatement of Eileen Butler to the Civil Service Commission.) OTHER INDIVIDUALS EXPRESSING INTEREST Rudy A. Adame Vicky Jean Alexander Registered Nurse. Received B.A. from Corpus Christi State University and Nursing Degree from Del Mar College. Served in the Army and United States Air Force. Activities include: Selective Service Board. (10 -6 -08) Nursing House Supervisor, Driscoll Children's Hospital. Received Bachelor of Science from University of Texas Health Science Center, San Antonio, Texas. Formerly served on Crime Control and Prevention District, Commission for Children and Youth and Flind Hills Resources Community Action Council. (5- 18 -09) Legend: *Failed to submit Ethics Report in a timely manner * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —15— Melvin Bohannon Susanne Bonilla Kathleen C. Cooper Norma Franklin Meredith N. Grant Jamie Hill Jacey Jetton Chon -Kyun Kim Retired, Senior Human Resources Anaylst, City of Corpus Christi. Received Bachelors and Masters Degree from Texas A &I University. Activities include: Corpus Christi Police Academy Alumni and Texas State Bar Grievance Committee. Recipient of Bronze Star. (4- 20 -09) Attomey, Law Office of William D. Bonilla. Received Bachelor of Arts from Texas A &M University- College Station and Doctor of Jurisprudence from University of Texas School of Law. Activities include: College of the State Bar of Texas, Texas Bar Foundation Fellow, American Bar Association, and Corpus Christi Bar Association. (12 -5 -08) Human Resources Manager, H.E.B. Grocery Company. Received B.A. in Management and M.S. in Occupational Training and Development. Graduate of Leadership Corpus Christi Class 37. (4- 17 -09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (4- 13 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (4 -20- 09) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard (5- 18 -09) Assistant Professor, Texas A &M University - Corpus Christi. Received Ph.D., Political Science from University of New York at Binghamton. Activities include: Human Relations Commission and International Public Management Review Editorial Board. (4 -6 -09) -16- Edward Frank Lewis Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Minerva Montalvo -Curiel Administration Sales /Warehouse Manager, Arthur Fluid Systems. Attended College. (5 -7 -09) Joel S. Mumphord Rita Sonia Padron Abel A. Sanchez Arthur J. Valdez Denise S. Villagran Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Retired, Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include. Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2 -4 -09) Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4- 16-09) SAH Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 30-09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) —17— PARK AND RECREATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 8 -23 -09 and 8- 23 -10. (Since one of the terms end on 8- 23 -09, it is recommended that the appointment be for a new two-year term ending 8- 23 -11.) DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Hunter Young, Chair 8 -23 -09 5 -18 -04 Rene Richard Gutierrez, Vice Chair 8 -23 -10 10 -17 -06 ** *Garrett Dorsey 8 -23 -10 4 -18 -06 Ron Woods 8 -23 -10 6 -17 -08 Lisa Ann Torres 8 -23 -09 6 -17 -08 Kendal Keyes 8 -23 -10 8 -12 -08 ** *Mari Whitworth 8 -23 -09 1 -18 -05 Dr. Jinsun Kim 8 -23 -09 3 -11 -08 Sylvia Samaniego 8 -23 -09 12 -18 -07 Carrie Robertson 8 -23 -10 8 -12 -08 Carlos Haney 8 -23 -11 2 -24 -09 (The Park and Recreation Advisory Committee is recommending the new appointments of Rita Sonia Padron and Huxley Smith. Also, the committee is submitting the name of Lydia Lorenzi as an alternate recommendation.) INDIVIDUALS EXPRESSING INTEREST Angela Cantu Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 -09) Kris M. Cardona Kim Charba Escrow Officer, Stewart Title of Corpus Christi. Activities include: Association of Realtors, Builders Association, and Bay Area Fellowship. (5- 13 -09) Business Consultant, American Dairy Queen. Received BS from Texas A &M University, College Station. Activities include: Women's Shelter and Children's Miracle Network Telethon. (4- 15 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has niet six -year service limitation -18- Christina Cisneros Elenita Collins Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award.(2- 23-09) Retired. Graduated from Southern Methodist University. Activities include: Volunteers and Serves on the Board of Governors at the Art Museum of South Texas. (4- 28 -09) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (5 -5 -09) Becky Flores Mike Garey Elizabeth Garza Pablo Arturo Garza Anthony Gavlik Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. (1 -5 -09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- 10 -09) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University- Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (4- 15 -09) -19- Timothy Goss Meredith N. Grant Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Mary Catherine Handy Assistant Branch Sales Manager, IBC Bank. Attended College. Activities include: Corpus Christi Chamber of Commerce, March of Dimes, Buc Days, and Junior Achievement. (2 -9 -09) Keron E. Hasley Kevin Horrigan Robert Jacobi Terence F. Klinger Jerry Lipstreu • Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee.(4- 17-09) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13 -08) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) -20- Lydia Lorenzi Formerly Transition Specialist, San Antonio Independent School District, Alamo Achievement Center, San Antonio, Texas. Received BA from Our Lady of the Lake College and MA from Our Lady of the Lake University. Recipient of San Antonio Independent School District Teacher of the Year and Texas Governors Award for Volunteer Service. (4- 28 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Rita Sonia Padron Keith Parker Retired, Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2 -4 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. (4- 23 -09) Monica Pena -Moore Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (12 -1 -08) John Powell President, SPowell.Com Real Estate. Received Degree in Business from Texas A &M University - Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4 -1 -09) Kim Rottet Assistant Director Recreational Sports, Texas A &M University - Corpus Christi. Received Bachelor of Science from Ball State University at Muncie, Indiana and Master of Sport Science from United States Sports Academy at Daphne, Alabama. Activities include: NIRSA Outdoor Recreation Committee and Serves on Committees affiliated with Texas A &M University - Corpus Christi. (3- 13-09) Abel A. Sanchez Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4- 16-09) -21- Huxley Smith Michael Tromm Steve Trubatisky Denise S. Villagran Allen Wahlstrom Timothy Weitzel Self- Employed. Received Bachelor of Architecture. Activities include: Nueces Master Gardeners and Rose Society and Garden Council. (3- 18 -09) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of' Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) Firefighter -EMT, Naval Air Station, Corpus Christi Fire & Emergency Services. Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (5- 11 -09) Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) -22- SISTER CITY COMMITTEE - Four (4) vacancies with terms to 9 -09 and 9 -10. (Since three of the terms end on 9 -09, it is recommended that those appointments be for new three-year terms ending 9 -12.) DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -09 9 -11 -07 * ** *Danny Williams 9 -09 9 -11 -07 Randy Farrar 9 -10 6 -11 -02 Janice Garrett 9 -10 5 -13 -08 John Rocha 9 -11 9 -23 -08 Dora Hidalgo 9 -10 9 -23 -08 Rose Gunji 9 -11 11 -08 -05 Jorge Brenner 9 -11 9 -23 -08 Phyllis Roseman 9 -11 3 -11 -08 ** *Heather Stanton Moretzsohn 9 -10 9 -14 -04 Michele Hammock 9 -10 1 -13 -09 Westi Hom 9 -10 6 -15 -04 Maria Jaramillo 9 -11 9 -23 -08 Almira Flores 9 -10 9 -12 -06 Tim Dowling 9 -10 7 -10 -07 Liette B. Ocker 9 -10 1 -13 -09 Javier M. Morin 9 -11 7 -10 -07 Drue Combs 9 -09 9 -12 -06 ** *Flicks Rahn 9 -09 6 -15 -04 ** *Kevin Aguilar -Ferran 9 -09 3 -11 -08 Sharon L. Phillips 9 -09 9 -09 -02 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —23— (The Sister City Committee is recommending the new appointments of Mary Babbili, Yoshiko Boulan, Timothy Goss, and Kate Rodriguez.) INDIVIDUALS EXPRESSING INTEREST Mary Babbili Computer Software Professional. Received BS from Dallas Baptist University at Dallas, Texas and Currently Pursing MS in Professional Science in Healthcare Informatics. Activities include: Fund Raising for Charities, Modeling, Hospital Ministry, and Seminar Leader. (5- 21 -09) Renai Baker Formerly worked for Visitor Center. Received a B.S. in Education. Activities include: Volunteer Guide at Texas State Aquarium and Heritage Park. (12 -8 -08) Yoshiko Boulan Senior Administrative Clerk, Corpus Christi Metropolitan Planning Organization. Received Bachelor's of Arts, Sociology from University of California at Davis. (4 -29- 09) Angela Cantu Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 -09) Christina Cisneros Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award.(2- 23-09) Jeremy Coleman Melody Cooper Ariana Cordero Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Self- Employed, Attorney. Received BA from Texas A &M University - Corpus Christi and J.D. from University of Texas School of Law. Former Corpus Christi Council Member - Served from 1993 -2001 and 2003 -2009. Member of: Texas Association of Family Law Specialists, Family Law Section of the State Bar of Texas, Texas Bar Foundation, Corpus Christi Bar Association, Corpus Christi Chamber of Commerce, and Hispanic Chamber of Commerce. Graduate of Leadership Corpus Christi XXI. (4- 21 -09) Senior, West Oso High School. Activities include: National Honor hciety, Student Council, and Interact 1 7..1. /111/2//181 Vincent E. Doyle Andrea Foley Norma Franklin Elizabeth Garza Timothy Goss Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Accounting Associate, Stripes /APT. Received Bachelors of Business Adminstration - Accouting. (1 -6 -09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (4- 13 -09) Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. (1 -5 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Edward Frank Lewis Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Maria Elena Mendez Owner/President, Creating Excellence: Competency, Excellence and Responsibility (C.R.C.E.R.). Received B.S. from Texas A &I University at Kingsville and M.S. from Corpus Christi State University. Activities include: Hispanic Women's Network of Texas, Retired Teachers Association, and National Association for Bilingual Education. Recipient of 2005 Hispanic Women's Network of Texas — Corpus Christi Chapter Estrella for Education. (3- 11 -09) -25- Dr. Judith Martha Prewitt Educator/Tutor, Texas A &M University - Corpus Christi, US Veteran's Administrator, and Texas DARS. Owner, Prewitt Professional Partnership. Received B.A. in Mathematics with Physics and Engineering from Swarthmore College, M.A. in Mathematics from University of Pennsylvania Graduate School of Arts and Sciences, and Ph.D. in Mathematics from Uppsala University, Sweden. Activities include: Currently serves on the Arts and Cultural Commission and Society of Sigma Xi Life Member - Secretary of South Texas Chapter (5- 15 -09) Kate Rodriguez Donald E. Russell Woodrow Mac Sanders Executive Director, Fighting to Rid Gangs in America. Received Bachelor of Science from The George Washington University at Washington, D.C. and Attending Currently Attending Texas A &M University - Corpus Christi. Activities include: National Hispanic Institute, American Red Cross Women's Heart Center, and Texas Democratic Women. (4- 14 -09) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Tall University. Activities include: Licensed Pilot and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (4- 16 -09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 -09) Britni Summers -Brown Sales and Marketing Coordinator, Cricket Communications. Received BA from Texas A &M University - Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. (1- 12 -09) Emest M. Trevino, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12 -26- 08) -26- Corinne Valadez Arthur J. Valdez Denise S. Villagran Assistant Professor, Texas A &M University- Corpus Christi. Received B.S. Interdisciplinary Studies from Corpus Christi State University, M.S. Curriculum and Instruction, Texas A &M Corpus Christi, and Ph.D. Curriculum from Texas A &M. Activities include. Faculty Advisor, Student Reading Council at Texas A &M University - Corpus Christi, Children's Book Festival, Corpus Christi Public Library, and American Association of Hispanics in Higher Education. (4- 16 -09) SAH Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 30-09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) —27— TRANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 4 -30 -11 and 4- 30 -12. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice - Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE William Green, Chair 4 -30 -10 5 -11 -04 *Karen Beard 4 -30 -09 5 -30 -06 * ** *Jerry Trevino 4 -30 -11 5 -13 -08 Glenn R. Jones 4 -30 -10 11 -13 -07 Eloy Barrera Soza 4 -30 -10 11 -13 -07 Curtis A. Rock 4 -30 -11 5 -30 -06 Sheila Cudd 4 -30 -12 2 -10 -09 *Daniel Carrizales 4 -30 -09 12 -20 -05 Damien Lamont Holmes (NAS Security Officer) 4 -30 -11 11 -13 -07 (The Transportation Advisory Committee is recommending the reappointments of Karen Beard and Daniel Carrizales.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Karen Beard 8 8 100% Daniel Carrizales 8 6 75% Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -28- OTHER INDIVIDUALS EXPRESSING INTEREST Clarissa Beltran Servando R. Dimas Financial Advisor, Wachovia Securities. Received Associate in Arts from Del Mar College, Bachelor of Arts and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Chamber of Commerce and Texas A &M University - Corpus Christi Alumni Association. (4- 13 -09) Retired, Director of Foster Grandparent Program for Corpus Christi State School. Attended Del Mar College and Texas A &I University. Activities include: Planning and Decision Making Team — Shaw Elementary School and Mary Grett Memorial School, Lindale Senior Center Member, and Volunteer at Driscoll Children's Hospital. (3- 30 -09) Mike Garey Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Pablo Arturo Garza Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- 10 -09) Kevin Horrigan Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Robert Jacobi Retired, Deputy Director of the Port of Corpus Christi, Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) Jacey Jetton Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) -29- Terence F. Klinger Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13 -08) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Peter G. Melee Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) Joel S. Mumphord Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Edd Price Owner, Century 21 Hallmark. Attended Corpus Christi State University and Durham Business College. Activities include: Flint Hills Resources Community Action Council. Formerly served on Food Service Advisory Council and Lighthouse for the Blind. (4- 10 -09) Dennis Richard Slowinski Instructor Pilot, United States Air Force. Received B.A. from Norwich Military University, United States Air Force Undergraduate /Graduate Pilot Training from Columbus Air Force Base and Corpus Christi Naval Air Station. 2008 Graduate of United States Air Force Squadron Leadership Officers School and Currently Pursuing Master of Professional Studies in Community and Economic Development. Activities include: Unites States Air Force Association, South Texas Chapter of the Military Officers Association, Coastal Bend United Way, South Texas Special Olympics, and Lead Organizer for 208 National Night Out/Neighborhood Watch Initiative. Recipient of United States Air Force Air Medal for Bravery in Combat and Commendation Medal. (10 -7 -08) Michael Tromm Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) -30-- Allen Wahlstrom Firefighter -EMT, Naval Air Station, Corpus Christi Fire & Emergency Services. Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (5- 11 -09) -31- 3 Requested Council Action: 5/26/09 Alternate Date: 6/09/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease of a wheel loader with Waukesha - Pearce Industries, Inc., Corpus Christi, Texas for the total amount of $96,000, of which $8,000 is budgeted in FY08 -09. The award is in accordance with Bid Invitation No. BI- 0152 -09 and is based on best value. The term of the lease is for twenty -four months with an option to extend the lease for up to twelve additional months subject to the approval of the City Manager or his designee. The wheel loader will be used by the Park & Recreation Department. s** sss**** rs* ss********* s******** s******* ss*« s* a *s * * * * * * * * ****** * * * * * ***** * * ** Background Purpose: The wheel loader will be used by the beach operations division of the Park & Recreation Department for maintaining the beach and beach roadways. The decision to lease the wheel loader in lieu of purchasing the equipment was made due to the harsh conditions present at the beach. The lease provides for a full maintenance contract that will keep the unit operational throughout the term of the lease. At the end of the two year lease, the City will either exercise its option to extend the lease or establish a new lease for replacement equipment. Number of bids Issued: Eighteen Number of bids received: Four Award Basis: Best Value The evaluation team, comprised of team members from Park and Recreation and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Rental Agreement 25 %, (2) Full Maintenance Agreement 25 %, (3) Age of Unit and Hours of Use 10 %, (4) Bidders Profile and Qualifications 10 %, and (5) Cost 30 %. The evaluation team reviewed each RFP Proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Waukesha - Pearce Industries, Inc., as the best valued supplier for this opportunity. —35— Price Analysis: Funding: Requested Council Action: 5/26/09 Alternate Date: 6/09/09 When compared to the previous bid of 2006, pricing has decreased approximately 3 %. Park & Recreation 530180 -1020 -12940 $8,000 Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. Michael : arrera, Assistant Director of Financial Services —36— Annual Cost Two Year Cost Score' Pricing Bidders Profile & Qualifications Age of Unit and Hours of use Full Maintenance Agreement Rental Agreement Evaluation Criteria w 0 o 0 S N 10 points 10 points 25 points 25 points Maximum Points 69 e rn m b b o o P o oo oo up co 30 0 p N 25 Points Awarded $58,200.00 $116,400.00 o 25 o 5.5 N 25 Points Awarded 69 w 0) c o O O 79 cn 3.3 Nn N Points Awarded $96,000.00 $192,000.00 j 15 0 O) N N N 01 Points Awarded -37- 0 O N c c cn 0m e.N Xm O I O go • m 0a C N V N X O w'00 Z m O n " D D c A m Fn- oc g r<N D ▪ gmO ▪ 0z( N O -_I 0 D 0 O O r y CO C co0� D� ED m orzr C � O ' CO m o Z 0 N D • o 6- f0- 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/26/2009 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $300,000 to the Office of the Governor, Criminal Justice Division, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds to be used for the purchase of equipment and educational program to reduce crime and improve the efficiency and effectiveness of the criminal justice system, and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. ISSUE: The Criminal Justice Division (CJD) is soliciting applications for projects under the American Recovery and Reinvestment Act of 2009. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: There is no match required of the grant. Funds are available for a 1 year period beginning 10/01/2009. CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. Attachments: —41— 0—kieN M. J. Walsh Acting Chief of Police BACKGROUND INFORMATION The state of Texas has been allocated $147 million under the Byme Justice Assistance Grant (JAG). From this amount, $57 million will be administered directly by the Bureau of Justice Assistance (BJA) to local jurisdictions in Texas. The local Coastal Bend Council of Govemments region will receive $1,632,202.74. JAG funding may be used for the following: Prevention — ■ Law enforcement patrols and training • School based programs Enforcement — ■ Operational support • Equipment • Forensic backlogs Restoration — • Multi- disciplinary victims training • Operational capacity victims programs • Community assessments for high risk youth • Crime reporting • Prosecution backlogs • Law enforcement training • Crime Stoppers • Juvenile /adult diversion & reentry initiatives • Drug court training The Police Department will utilize $250,000 of the funds to upgrade the existing trunked radio system to meet the State of Texas mandated P -25 compliance. What is known as the "Project 25" (P25) digital "suite of standards" is that any manufacturer's radios that are "P25 compliant" can communicate with any other vendor radios that have the same certification and operate in the same radio frequency band (VHF, UHF, 700/800 MHz are the three primary bands — Texas will be primarily using VHF and 700/800 MHz). Currently during times of crisis, such as a hurricane hit to Corpus Christi, incoming outside federal, state, and other mutual aid units will not be able to communicate on the Corpus Christi system. The Texas Statewide Communications Interoperability Plan (SCIP) - adopted by the Governor's Office on 11/26/07 and approved by U.S. Dept. of Homeland Security on 4/4/08, requires Texas public safety agencies to be fully "Project 25 standards -based shared systems" (P25) compliant by January 1, 2015, or risk losing federal and state grant funding. This request will enhance the continuing efforts to upgrade the system to include 700 Mhz and 800 Mhz radios using the P -25 suite of standards. The P -25 digital control switch will be the central control point for all P -25 systems in the Corpus Christi region. Since the P -25 suite of standards is the required protocol by Federal and State mandates, it is essential that the switch be implemented as soon as possible so that the mandated deadlines can be met. Upgrades to repeater sites and user equipment (mobile and portable radios) are currently being upgraded through altemate funding sources. Judge King at the Municipal Juvenile Court will introduce a new program called CHARACTER EDUCATION PROGRAM for juveniles and parents, estimated cost $50,000 for materials, supplies, training, etc. The purpose of this program is to educate youth who commit minor offenses and their parents about good character development. Research by the non - profit organizations CHARACTER FIRST and THE SEARCH INSTITUTE suggests that youth who demonstrate good character traits and possess more of the "40 Developmental Assets" are less likely to engage in negative or unlawful behavior and more likely to finish school. This program seeks to add strength -based education and training to the prevention options available to the Municipal Juvenile Court using materials from these non -profit organizations. —42— RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $300,000 TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR FUNDING ELIGIBLE UNDER THE FY 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, FUNDS TO BE USED FOR THE PURCHASE OF EQUIPMENT AND EDUCATIONAL PROGRAM TO REDUCE CRIME AND IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF THE CRIMINAL JUSTICE SYSTEM, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, 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 submit a grant application to the Office of the Govemor, Criminal Justice Division in the amount of $300,000 for funding eligible under the FY 2009 Edward Byme Memorial Justice Assistance Grant, funds to be used for the purchase of equipment and educational program to reduce crime and improve the efficiency and effectiveness of the criminal justice system. SECTION 2. The City Manager or his designee may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be retumed to the Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 18, 2009 By: T. Trisha Dang Assistant City Attomey For City Attomey -43- Joe Adame Mayor Corpus Christi, Texas 2 of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —44— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/26/09 AGENDA ITEM: A. Motion approving the purchase of Citrix XenApp Gold System from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $152,433.00, quote #Q040809as2, including software, professional services, 12 month software maintenance and remote phone support to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor number 163 - 057- 3222 -000. B. Motion approving the purchase of continued annual maintenance from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for the Citrix XenApp Gold system subject to annual appropriation of funds. Intergraph Corporation is a State of Texas GoDirect Vendor number 163 - 057- 3222 -000. ISSUE: Corpus Christi Police Department personnel currently experience substantial difficulty completing reports in the field due to limitations in available bandwidth and the requirement to employ an intermediate application to complete entry of those reports into the records management system. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: On March 21, 2006, City Council Motion authorized a contract with Intergraph Corporation to purchase the Records Management and Mobile Data Computer systems for the Police Dept. FUNDING: Funding for these costs is in current MIS and Police Department budgets. Future support and maintenance costs will be requested in subsequent budget years. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motions as presented. iti Michael trong Mik 'Walsh Director of MIS Acting Police Chief Attachments: Exhibit 1 `Statement of Work for Installation of Citrix Server' between Intergraph Security, Government and Infrastructure Division and the City of Corpus Christi, Texas' —47— BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Police Department purchased various Intergraph Corporation systems in December 2006. The Computer Aided Dispatching (CAD) is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. The Records Management System (RMS) is the backbone of all information processed by the Police Department — offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc. Mobile Data Computers (MDC) in each of the vehicles and the Automated Vehicle Locator (AVL) is the system used to provide locations of all patrol units on a geographic mapping system. Annual maintenance is paid in September for the systems to which the Citrix maintenance, estimated at $31,350 starting in September 2010, will be included in subsequent years. The current field reporting system is utilized by patrol officers using their in -car computers to enter information for approximately 19,710 arrest and 63,510 offense reports annually. Personnel currently experience substantial difficulty completing reports in the field. This is due to limitations in available bandwidth and the requirement to employ an intermediate application to complete entry of those reports into the records management system. The Citrix system will reduce the bandwidth requirements to field reporting, thereby eliminating the need for an intermediate application, eliminating delays in transmission of field reports, and permitting direct entry of field reports into the Intergraph Records Management System. Funding will come out of the MIS budget for $100,000.00 and the Police Department's Law Enforcement Trust Fund for $52,433.00. —48— ltRAPH City Of Corpus Christi, Texas Security, Government and Infrastructure a Division of Intergraph Corporation Statement of Work for Installation of Citrix Server April 9, 2009 -49- Prepared for: Ms. Lani Trotter City Of Corpus Christi, TX 1201 Leopard Street Corpus Christi, TX 78401 By: Statement of Work Preparer For: Frank Parra Phone: (727) 771 -2724 Email: frank.parra@intergrayh.com -50- Change History —51— i / I I ' C:I gD Ka - _ 1.0 2/25/08 Int -1_. �•h Ori:ine] 1.1 3/14/08 Into , .h Pri« .::.ecificinformation 1.2 5/29/08 Int ,y .h Made Customer -.nested c... l es 1.3 04/08/09 Inter . • h Made Customer -• nested i : • l es —51— Table of Contents 1. Scope 6 2. Task Summary 6 3. Task Statements 7 4. Deliverables 9 5. Personnel Skills 10 6. Customer Responsibilities 10 7. Assumptions And Recommendations 10 8. Software Verification 11 9. Acceptance Criteria 11 10. Schedule 12 11. Price 12 12. Terms Of Payment 12 13. Ownership In Data/Computer Software 13 14. Maintenance 13 15. Warranty 13 16. Disclaimer 14 17. Infringement 14 18. Force Majeure 14 19. Taxes 14 20. Governing Law 14 -52- 21. Place Of Performance 15 22. Entire Agreement 15 23. Miscellaneous 15 24. Indemnification 15 25. Approval Signatures 16 Appendix A 17 Appendix B 18 -53- 1. SCOPE This document is submitted to serve as a mutually acceptable Statement of Work ( "SOW") between Security, Government and Infrastructure, a division of Intergraph Corporation ( Intergraph ") and the City of Corpus Christi, TX (hereafter the "Customer"). This SOW defines the hardware, software and services required to provide a Citrix solution. Citrix software installation services will be provided by a Citrix partner on behalf of Intergraph. Prior to the implementation of this SOW, the Customer must purchase the hardware, software and or services defined by quote Q040809as2. Unless specifically noted within this SOW, all software shall be the standard commercial off-the -shelf (COTS) product. Functionality not identified in this SOW may be included at additional cost with appropriate revisions to the SOW. 2. TASK SUMMARY Intergraph will provide a Citrix consultant to perform the work. Training and documentation for the installation will also be provided. The following list details the primary activities that will be conducted by Intergraph in fulfillment of this statement of' work and constitutes the full agreement between Intergraph and Customer: • Provide two hundred (200) Citrix Presentation Server 4.5 Enterprise licenses and Citrix media kit for the installation. • Provide installation and configuration services as per specified in the task statement of this SOW for the Citrix Presentation Server Enterprise Cluster with I/LEADS and up to two (2) other applications. • Provide support to install software on five (5) client machines with the ICA client using published desktop and/or web portal to support the client being placed, customized for each user. • Provide documentation and knowledge transfer to three (3) Customer designated City of Corpus Christi IT staff members. Knowledge transfer will be informal and will occur throughout the scheduled project tasks. It will be the Customer's responsibility to ensure that the appropriate Customer personnel participate in any on -site activities. • Phone support on Intergraph - installed Citrix Cluster from installation to Cutover for a period not to exceed twelve (12) months from installation of the Citrix software. Following receipt of the fully executed SOW and Purchase Order, the kick off conference call and schedule approval, Intergraph will begin installation per the agreed upon schedule. -54- 3. TASK STATEMENTS Task 1- - Citrix Server Cluster Installation and Configuration Intergraph and the Customer will jointly develop an installation schedule and review the installation procedures and specifications. Clear written acceptance criteria will be established and agreed to prior to the start of installation. Phase 1: Consulting work done before going on -site 1. The Customer verifies equipment, software and current architecture is ready for engagement. 2. Intergraph and Customer conduct joint kick off conference call to review the SOW. 3. The Customer confirms the resources needed at the Customer site during the engagement. Phase 2: Discovery and Assessment 1. Intergraph prepares and documents high -level project plan. 2. Intergraph prepares for assessment questions and inquiry. 3. Jointly scheduled discussions with Customer and Intergraph. 4. Customer reviews business requirements intemally. 5. Intergraph discusses training requirements with the Customer. 6. Intergraph discusses security requirements with the Customer. 7. Change order may be jointly decided on for adding additional requirements as discovered during this phase. Phase 3: Creation of Design and Recommendations document The Customer and Intergraph will jointly work to develop the Citrix design documents. These documents will consist of a combination of Visio Diagrams and spreadsheets that outline what the expected deployment will look like from a technical point of view. Below is a summary of the areas that will be addressed in the design document. I . Server Design • Define and document the following sections: o Hardware Requirements o Software Requirements 2. Presentation Server Design • Presentation Server Architecture o Presentation Server Cluster Design o Presentation Server Zone Design o Presentation Server Data Collector Design o Presentation Server Data Store Design o Presentation Server Load Management Design o Presentation server web services design o Define Applications to be installed on the farm o Presentation Server Printing design -55- o Citrix backup overview design o Citrix license service design o Microsoft Terminal Service design • Application Delivery Architecture o Presentation server desktop design o Presentation server ICA client design o Client access strategy design. • Security Architecture o Internal and external access • Infrastructure Design o File storage o Logon Scripts o Home Directories o Profiles o Infrastructure Modifications o Creation of Organizational Unit o Creation of AD group for Citrix users o Review and accept any potential single points of failure. • Design Phase Checkpoint o Intergraph will schedule a conference call with the Customer to review and accept final design document to allow Intergraph to move to Phase Four. Phase 4: Implementation of new Citrix Cluster and roll -out for initial five (5) concurrent users and planning for a total of two hundred (200) concurrent users. 1. Customer will purchase Server hardware. 2. The receipt, unpackaging, staging, and installation of Server equipment will be performed by the Customer. 3. Installation (performed by the Customer) of Windows Server 2003 operating system on all Citrix farm servers including the latest updates and patches. 4. The Customer to prepare the network environment. 5. The Customer to provide any required change controls, processes or access required from a physical or network point of view to complete the installation as defined in the design document. 6. Intergraph to instal] Citrix PS 4.5 Enterprise as per the design document. The Customer to participate in this process to the extent that the Customer's operating procedures for disaster recovery, change managements and support procedures are documented. 7. Intergraph to provide a working knowledge transfer session of the installation as it is occurring. While this does not replace formal training it will review each key cumtponent and how it is implemented in the environment. The Customer may elea not to participate in these sessions. Much of the review is only possible during the installation so it is highly recommended that staff be available to assist with these sessions. -56- 8. Intergraph and the Customer to configure ICA clients. 9. Intergraph to configure Presentation Server Administrators 10. Intergraph will load five (5) mobile computers with the I/LEADS desktop client, while training the Customer on the process of loading the I/LEADS desktop client for the balance of mobile units. Phase 5: Roll -out to remaining users for the new Citrix Cluster. 1. Intergraph will assist the Customer with developing a plan for the installation of remaining clients. 2. Intergraph will review with the Customer the use of Resource Monitoring System to monitor and support a client when having problems. 3: Intergraph will informally demonstrate major features of Citrix for use in the Customer's support desk operations. Phase 6: Documentation, informal knowledge transfer and turnover to the Customer 1. The Customer and Intergraph will review the finalized design document. 2. Intergraph will perform informal knowledge transfer with the System Administrator on all systems installed. Phase 7: Phone Support from installation to production Provide phone support on Intergraph - installed Citrix Cluster from installation to Cutover, and for a period of twelve (12) months from installation of the Citrix software. The Customer can designate up to three (3) technicians with system administration privileges to call in to Intergraph toll free number or via email. Service is 24x7 with four (4) hour response. 4. DELIVERABLES Under this Statement of Work, Intergraph will deliver the following: 1. Provide and install Citrix PS4.5 Enterprise as per the design document and price quote Q040809as2. 2. Publish and test I/LEADS application. 3. Provide documentation and knowledge transfer to the Customer. 4. Provide phone support on Intergraph- installed Citrix Cluster from installation to Cutover for a period of twelve (12) months from installation of the Citrix software. 5. Provide informal training or knowledge transfer to the Customer on proper maintenance and support of Citrix log files, including written training materials and written materials which instruct the Customer on how to maintain the products purchased under this SOW. 6. At time of installation, the Customer will work with Intergraph to develop a "critical down" checklist. This checklist will vary based on their specific system configuration. -57- 5. PERSONNEL SKILLS Intergraph's Citrix partner will have Citrix Certification for installation and configuration. Customer must provide a System Administrator to work with Intergraph. 6. CUSTOMER RESPONSIBILITIES Customer is responsible for the following: 1. Purchase Server hardware for Citrix. 2. Access to the Internet in the work area for research, trouble shooting and e-mail access. 3. Timely access to technical information and security measures pertinent to the project deliverables. 4. Any and all identified hardware, software, and facilities required for the successful completion of this engagement. 5. Inform Intergraph of all access issues and security measures, and provide access to all necessary hardware and facilities. 6. Providing all software and facilities for the successful completion of this installation and configuration engagement. 7. Parking facilities for the installation team 8. The receipt, unpackaging, staging, and installation of Server equipment will be performed by the Customer 9. All tasks as identified in section three of this Statement of Work. 10. Verify functionality by testing prior to Cutover. 7. ASSUMPTIONS AND RECOMMENDATIONS 1. Customer to provide third party contact for support as needed for hardware or software issues outside of the procured hardware and software within the SOW, such as wireless infrastructure or mobile data computers. 2. Installations will not begin without an approved project schedule, installation procedure, and specifications that define a successful installation. 3. New equipment may be pre - shipped to the Customer site prior to the installation date as per a jointly developed schedule. 4. All work will be done at one (1) location for this project. 5. Customer will provide at least one (I) technical contact with system administration responsibilities. 6. Intergraph assumes no responsibility for unprotected data and any lack of Customer's security being in place. 7. Customer to provide Intergraph with appropriate levels of access and privilege to systems and information necessary to the performance of the services. -58- 8. Customer will provide current documentation relevant to their Citrix installation available in a timely manner. 9. Successful acceptance criteria is defined as Citrix running on five (5) clients (desktop or mobile clients), with printing, in Police patrol cars and successfully using Citrix to access Intergraph systems, for minimum continuous go -live period of eight (8) consecutive hours without error. 10. Phone support on Intergraph - installed Citrix Cluster from installation to Cutover for a period of twelve (12) months from installation of the Citrix software. 11. Citrix maintenance begins upon installation of the Citrix software. 12. If the systems are not monitored small problems will become major outages. It is the Customer's responsibility to review the Citrix logs files and server "health" on a regular basis. Intergraph recommends that this is done on a bi- weekly or monthly basis. The Customer can expect the time to average one (1) hour to one and half (13) hours per server per month. 13. Historically the majority of "critical down" Citrix support calls are Network or Active Directory problems. At time of installation, the Customer will work with Intergraph to develop a "critical down" checklist. This checklist will vary based on their specific system configuration. 14. The Customer's Citrix systems should be placed under the tightest change control. This includes all systems updates and patches as well as network and system configuration changes. 15. At the time of installation, the Customer with Intergraph's support should do a complete system review to isolate and resolve / address any single points of failure. Single points of failure are not necessarily negative or avoidable as long as the Customer is aware of them and has an action plan to address down time. This should be incorporated into the Customer's backup - recovery / disaster recovery plan. Citrix will be installed to run AIE (Application Isolated Environment). 16. Assumes that the Customer will process a no -cost change order to exchange the existing one hundred and thirty -four (134) copies of I/LEADS -RMS AFR clients licenses to I/LEADS -RMS desktop client licenses. 17. Intergraph assumes NetMotion is rniddleware - installed and operational. 8. SOFTWARE VERIFICATION The Customer will be responsible for conducting any testing of the I/LEADS software install on the Citrix server, with Intergraph support, as required by the Customer within thirty (30) days of installation. Any issues will be presented to Intergraph, through the normal Intergraph Help Desk procedures verification and will be addressed as part of the Customer's existing maintenance agreement. 9. ACCEPTANCE CRITERIA Service acceptance criteria is defined as Citrix running on five (5) clients (desktop or mobile clients) with printing, in Police patrol cars and successfully using Citrix to access Intergraph 1/LEADS -RMS for minimum continuous go-live period of eight (8) consecutive hours without error. -59-- 10. SCHEDULE Intergraph and the Customer will determine a mutually agreeable schedule for completion of the deliverables as described in this SOW. 11. PRICE The price for this SOW is in accordance with Intergraph quotation number Q040809as2 which is provided as an attachment. Intergraph will submit invoices to Customer at the following address: The City of Corpus Christi, TX Attu John Sendejar 1201 Leopard Street Corpus Christi, TX 78401 12. TERMS OF PAYMENT Payment for this SOW will be due based on completion of each of the milestones below. Payment is due thirty (30) days from the date of invoice. An interest charge of two percent (2 %) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. -60- . _._ P#yrn,aiii,4#tawrt 50% Upon execution of the SOW Upon completion of installation of the Citrix Software and Citrix Training 25% Upon written verification and acceptance by Customer that the Citrix software has been delivered and the Software has completed the Acceptance Criteria in Section 9. 25% -60- 13. OWNERSHIP IN DATA/COMPUTER SOFTWARE All computer software related deliverables (data, programs, or program enhancements) prepared under this SOW shall be the property of Intergraph and shall be licensed to the Customer pursuant to Intergraph's current Software License Agreement for Intergraph products and Citrix's current Software License Agreement for Citrix products. 14. MAINTENANCE The Customer will be responsible for purchasing maintenance support from Intergraph or another authorized vendor for Citrix software. 15. WARRANTY Intergraph does not independently warrant any third party products. Intergraph will pass on any third party warranties to the extent they are transferable to the Customer. Citrix software is warranted by Citrix for a period of ninety (90) days from the date of software installation. Citrix warrants the media on which the software is funished, if any, under normal use will be free from defects in materials and workmanship, and the software will perform substantially in accordance with the Citrix product documentation published by Citrix and included with the software. EXCEPT FOR THE ABOVE LIMITED WARRANTY, CITRIX MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE THE CUSTOMER'S INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE. CITRIC DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. -61- 16. DISCLAIMER IN NO EVENT WILL INTERGRAPH BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ANY LOSS OF DATA OR CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED THE VALUE OF THIS SOW. IF ANY PART OF THIS SECTION IS RULED INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY SAID LAW. 17. INFRINGEMENT In the event of any proceeding against the Customer arising from allegations that the deliverables or services furnished by Intergraph infringes a U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by the Customer, defend or settle such proceeding, at Intergraph's expense, provided the Customer promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph shall make such defense by counsel of its own choosing and the Customer shall cooperate with said counsel. 18. FORCE MAJEURE Neither party shall be deemed to be in default of any provision of this SOW or be liable for any delay, failure in performance, or interruption of service resulting from acts of war, acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause beyond its reasonable control. 19. TAXES Prices are exclusive of all federal, state or local sales, use, property, gross receipts, value added or similar taxes based upon amounts payable to Intergraph pursuant to this SOW ("Taxes'). Such Taxes, however do not include franchise taxes or taxes based on net income. The Customer agrees to pay Intergraph any applicable Taxes or provide Intergraph documentary evidence of an appropriate statutory exemption. 20. GOVERNING LAW This SOW shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas. -62- 21. PLACE OF PERFORMANCE Customer agrees to provide appropriate work place accommodations, computer equipment, software, and necessary access for Intergraph personnel. 22. ENTIRE AGREEMENT These Terms and Conditions, the Intergraph Quotation, together with any attachments hereto, constitute the entire agreement between the parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. 23. MISCELLANEOUS 23.1 Single Point of Contact. Intergraph agrees to serve as the single point of contact to address and resolve any issues that may arise under this SOW. 232. Insurance. Intergraph agrees to maintain a certificate of insurance for the Customer and the Corpus Christi Digital Community Development Corporation ( "CCDCDC ") that is compliance with the attached requirements in Appendix B. 23.3 Assignment. Neither party shall assign this SOW without the permission of the non- assigning party. Notwithstanding anything in the foregoing to the contrary, Intergraph may assign this SOW without the approval of the Customer to a third party in connection with a merger, consolidation, liquidation or reorganization of Intergraph Corporation or its wholly owned subsidiaries or affiliates. 23.4. Termination. Customer may terminate this SOW, for its convenience, upon thirty (30) calendar days written notice. Customer will pay Intergraph for work in process and deliverables ordered or received prior to Intergraph's receipt of notice of termination. 23.5. Conflict of documents. In the event of any conflict between the price quotation and this SOW, the terms of this SOW shall prevail and control. 23.6 Performance measures. Upon successful installation, the Citrix products will interface and integrate with the existing Intergraph solution to enhance and improve remote utilization of existing applications. 24. INDEMNIFICATION Intergraph will indemnify and hold the Customer, their officers, employees or agents ( "Indemnitees ") harmless of, from, and against all third party claims, demands, actions, damages, losses, costs, Iiabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of personal injury or property damage to the extent any such damage or injury may be proximately caused by Intergraph or any of its agents, servants, contractors, subcontractors, or employee's negligent acts or omissions in performance of this SOW. -63- 25. APPROVAL SIGNATURES Signature by all parties listed below constitutes acceptance of and notice to proceed with this SOW, in accordance with the Terms and Conditions specified herein. This SOW may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same SOW. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. This document is approved by: Name: Beth Johnson, Executive Director, U.S. Sales Accounting Signature: ItA-4 At 1 IDate: 4 qkq This signed document, together with a Purchase Order, if applicable, will be sent to the following address: Intergraph Corporation Attn: John M. Fee 170 Graphics Drive Madison, AL 35758 -64- APPENDIX A Servers for Citrix Clusters (for providing the I/LEADS client to the mobile environment or remote sites) Recommended • Two 2.66 GHz Dual -core Xeon processors • 4 GB Memory — The amount of RAM required will vary based on the number of users accessing the RMS database — customers with large user counts may require additional memory • 2 -73GB 15K RPM RAID disk drives • CD- RW/DVD -ROM Combo drive • Dual 1 Gb NIC Cards • Rack Mounted • Microsoft Windows Server 2003 R2 Standard Edition Note: No RDBMS is required on servers intended to host Citrix -65- APPENDIX B INSURANCE INSURANCE REQUIREMENTS I. INTERGRAPH'S LIABILITY INSURANCE Intergraph must not commence work under this SOW until Intergraph has obtained all insurance required herein and such insurance has been approved by the CCDCDC and the Customer. Intergraph must furnish to the Customer's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Customer's Risk Manager. The Customer and CCDCDC must be named as an additional insured for Commercial General Liability and Automotive Liability, and a waiver of subrogation is required on Workers Compensation coverage. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Carrier will endeavor to provide thirty (30) Day written notice of cancellation, non - renewal, termination required on all certificates Bodily Injury and Property Damage Per Occurrence / Aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products /Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal I jury $1,000,000 Combined Single Limit per occurrence / $2,000,0000 General Aggregate or its equivalent in Umbrella or Excess Coverage Automobile Liability — owned, non -owned or rented (when Intergraph employee(s) on -slte) $1,000,000 Combined Single Limit Electronic Errors and Omissions $1,000,000 Combined Single Limit each claim / $1,000,000 policy aggregate -66- Workers' Compensation Employers' Liability (When Intergraph employee(s) on -site) Which complies with the Texas Workers' Compensation Act and Paragraph II of this exhibit $500,000/ $500,000/ $500,000 C. In the event of accidents of any kind, Intergraph must fumish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Intergraph 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. B. Intergraph's financial integrity is of interest to the Customer, therefore, subject to Intergraph's right to maintain reasonable deductibles in such amounts as are approved by the Customer, Intergraph shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Intergraph'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. Best's rating of no less than A- (VII). C. All notices under this Article shall be given to Customer at the following address: City of Corpus Christi and Corpus Christi Digital Community Development Corporation Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 D. Intergraph 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 CCDCDC and the Customer as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under this SOW with the Customer for Commercial General Liability and Automotive Liability coverages; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the Customer and CCDCDC; and endeavor to provide thirty —67— Dann 10 ..f 911 (30) calendar days advance written notice directly to the Customer and the CCDCDC of any suspension, cancellation, non - renewal of coverage. E. Within fifteen (15) calendar days of a suspension, cancellation, or non - renewal of coverage, Intergraph shall provide a replacement Certificate of Insurance and applicable endorsements to the Customer and the CCDCDC. The Customerand CCDCDC shall have the option to suspend Intergraph'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 Customer may have upon Intergraph's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the Customer shall have the right to order Intergraph to stop work hereunder. G. Nothing this Appendix shall be construed as limiting in any way the extent to which Intergraph may be held responsible for payments of damages to persons or property resulting from Intergraph's or its subcontractors' performance of the work covered under this SOW. H. It Is agreed that Intergraph's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the Customer for liability arising out of operations under this SOW. I. R is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this SOW. -68- 0 =nuns%pue 9uiddg4S a A 0 y 1 z 3 0 X 3 5 -69- n 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 26, 2009 AGENDA ITEM: A. Motion approving Amendment One to Schedule 1 to the Software License and Services Agreement, dated March 24, 1998 and all amendments and addenda thereto between City of Corpus Christi and Oracle USA, Inc. (successor in interest to PeopleSoft USA, Inc.) B. Motion approving the purchase of additional PeopleSoft Budget and Finance software license and support from Oracle USA, Inc. of Redwood Shores, California for the total amount of $191,418.00, consisting of one -time license expansion fee $156,900.00 and support fee $34,518.00. C. Motion approving the purchase of continued annual maintenance from Oracle USA, Inc of Redwood Shores, California for the PeopleSoft Budget and Finance software subject to annual appropriation of funds. ISSUE: PeopleSoft Budget and Financial software licensing cost is based on the size of the City's operating budget. The City purchased the software in March 1998 based on the operating budget of $315 million. The current year's operating budget is $648,485,659, which requires that the city purchase additional licensing to remain in compliance with licensing requirements. BACKGROUND: The PeopleSoft Budget and Financial software is used to track and manage the city budget and financial information. The software is used by all city departments. Annual maintenance is paid in March for the systems to which the additional licensing applies starting in March 2010, which will be included in subsequent annual budgets. 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 Budget and Financial Application. FUNDING: The M.I.S Department will fund $191,418.00 from its FY0809 budget for the license expansion and maintenance costs. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. ichael Armstro g Director of MIS Attachments: Oracle Amendment One Oracle Ordering Document —73— ORACLE" AMENDMENT ONE ORACLE CONTRACT INFORMATION This amendment amends Schedule 1 to the Software License and Services Agreement, dated March 24, 1998 and all amendments and addenda thereto (the "schedule ") between City of Corpus Christi and Oracle USA, Inc. ("Oracle "). (successor in interest to PeopleSoft USA, Inc., hereinafter "Oracle "). The parties agree to amend the schedule as follows: 1 Section 2 Expansion of Licensed Use Delete the third paragraph under Section 2. Expansion of Licensed Use in its entirety and replace with the following: For Financials for Public Sector Software listed on the attached Expansion Exhibit, there is no additional growth fee for growth aggregating to less then the Base Budget of $ 665,000,000 in total Reported Budget. If total Reported Budget exceeds $665,000,000 Licensee's Perpetual license for the Financials for Public Sector Software shall be expanded in increments of $66,500,000 in Reported Budget to reflect Licensee's actual use, at a cost of $ 60,400.30 in license fees and $13,288.07 in technical support fees per each additional $ 66,500,000 in Reported Budget You are not entitled to any refund, credit or other consideration of any kind if there is a reduction in the amount of Reported Budget. In addition, each year 90 days before the anniversary date (defined as the day and month of the ordering document effective date), you are required to report to Oracle the number of Reported Budget as of such date. 2 Reported Budget is defined as the most recent Annual Adopted Budget Subject to the modifications herein, the schedule shall remain in full force and effect. The effective date of this amendment is . (to be completed by Oracle. Oracle will, upon receipt and verification of necessary documentation, make every attempt for the ordering document and amendment one to be processed and made effective within one business day of receipt) City of Corpus Christi Oracle USA, Inc. Authorized Signature: Authorized Signature: Name: Name: Title: Title: Signature Date: Signature Date: Amendment Schedule I City of Corpus Christi Bryan Flood Page I of 2 -74- Expansion Exhibit A 1. Listed below is the license fee and first year Software License Update & Support fee for additional program licenses for the program listed in section A with the license type Reported Budget pursuant to Section 1 on Amendment One Product Description License Fee/ Increment First Year Software Update License & Support/ Increment Increment 1. PeopleSoft Enterprise Reported $60,400.30 $13,288.07 $66,500,000.00 General Ledger Budget 2. PeopleSoft Enterprise Payables 3. PeopleSoft Enterprise Asset Management 4. PeopleSoft Enterprise Budgets 5. PeopleSoft Enterprise Project Costing 6. PeopleSoft Enterprise Purchasing 7. 7.PeopleSoft Enterprise Inventory Amendment Schedule 1 City of Corpus Christi Bryan Flood -75- Page 2 oft ORDERING DOCUMENT Your Name City Of Corpus Christi Your Contact Michael Amtstrong Your Location City Hall Phone Number 3818283740 1201 Leopard Street - Finance Dept Email Address michaelarocctexas.cam CORPUS CHRISTI TX 78401 -2825 ORACLE CONTRACT INFORMATION Agreement: Pooplsofl Software License and Services Agreement Agreement Name: SLSA- PSFT -P83832- US424.MAR4 S This ordering document incorporates by reference the terms of the agreement specified above. The following defined and capkelized terms in the referenced agreement betereen you and Oracle USA, Inc. (formerly known as PeopleSoft USA. Inc.) hereinafter 'Oradea shall have the same meaning as the stated terms in this ordering document 'Agreement' ard'agreement; 'Licensee' and youTyour •. 'Software and 'program': 'Support Services' and 'technical support: "Documentation' and "program documntation% 'Third Party Softwae and third party programs'; 'Schedule' and "ordering document; and 'Supportable Modules' and "supportable programs'. A. Description and Fen for Ordered Programs and Senricn You have ordered the program licenses and 12 months of technical support services described below: Listed below is a summary of net Inc due under the ordering document. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. 25574B7 - 1.MAe.Peeera _7g_ Issued by ORACLE USA. INC. 07-MAY-2009 Page 1 of 5 Peeplasoft Enterprise Product Description 1 License type Quantity List Fes Dieceunt % NM Fite PeopleSoft Enterprise General Ledger - Reported Budget Perpetual 100000000 Lim 25,288.49 25288.49 Software Update License Support 5.563.47 3583 .47 PecpleSoft Emerprise Payables - Reported Budget Perpetual 100000000 License 17,733.78 17,733.76 Software Update Licensee 8 Support 3,901.43 3,901.43 PeopleSoft Enterprise Asset Management - Repotted Budget Perpetual 100000000 Llama 15,186.00 15,189.00 Software Update License & Support 3,341.58 3.34188 PeopleSoft Enterprise Budgets - Reported Budget Perpetual 100000000 License 17.733.75 17,733.76 Software Update License 8 Support 3,901.43 3,901.43 PeopleSoft Enterprise Project Costing - Reported Budget Perpetual 100000000 License 25,288.49 25288.49 Software Update License & Support 5.563.47 5.583.47 PeopleSoft Enterprise Purchasing • Reported Budget Perpetual 100000000 License 27,833.25 27. 833.25 Software Update License & Support 6023.31 8,123.31 PeopleSoft Enterprise Inventory - Reported Budget Perpetual 100000000 License Software Update License & Support 27,633.25 6,123.31 27,833.25 6.123.31 191.418.00 191,418.00 List Fee Discoed % Net Fee Cade Programs License Fen Orede Programs Support Fen 158,900.00 158,900.00 34.51800 0.00 34.518.00 Net Fs' 101,4111.00 Teal Fear 9141800 2957497. 1.Milo.Petrarta -77- Issued by ORACLE USA INC. 07 -11Ay -2009 Paps 2 at 5 B. General Tema 1. Commencement Date All program licenses and the period of performance for all services are effective upon shipment of tangible media or upon the effective date of this ordering document if shipment of tangible media is not required. 2. Fee. Invoicing, and Payment Obligation a. At feu due under this ordering document shall be non- cancelable and the sums paid nonrefundable. except as provided in the agreement. b. In entering into payment obligations under this ordering document, you agree and acknowAedge that you have not relied on the Mute availability of any program or updates. However, (a) if you order technical support for programs licensed under this ordering document, the preceding sentence does not relieve Oracle of Its obligation to provide such technics! support under this ordering document, If and when available, In accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to you for any program licensed under cols ordering document, per the terms of this ordering document and the agreement. c. In accordance with the agreement (I) license fees are invoiced as of the mrmnencement date; and (11) service fees are invoiced after the performance of the service; specifically. technical support fees are invoiced quarterly In arrears ran the d. In addition to the fees listed In section A. Oracle will invoice you for any applicable shipping charges or applicable taxes. 3. Delivery and Installation a. You shall be responsible for installation of the software. b. Oracle has no delivery obligation under this ordering document You acknowledge the Oracle has delivered to your location, 1 copy of the software media and 1 set of program documentation (In the form generally avalable) for each program listed In section A. 4. Source Cede Oracle may deliver source code as part of Its standard delivery for particular programs; all source code delivered by Oracle is subject to the terms of the agreement, ordering document and program documentation. 5. Order of Precedence In the event of any haonslstendes between the agreement and this ordering document, this ordering document shall take precedence. 6. Segmentation The program licenses provided in this ordering document are offered separately from any other proposal for consulting services you may receive or have received from Oracle and do not require you to purchase Oracle consulting servos. 7. Territory The program licenses and services described In section A are for use in the U.S. B. License Definition Reported Budget is defined as the the most recent Annual Adopted Budget. 2167497 - UAW PeVares -78- Issued by ORACLE USA RC o7- s1Ar•2005 Cops 7d 5 C. Future Purchases 1. Additional Copies of Programs Provided that you have continuously maintained leaded support for the programs Iktad in section A, you may order media packs at the standard media fee In effect at the time your order is placed provided Ile programs listed in section A for use on the computer /operating system combination requested by you are available In a production release. D. Technical Support 1. Technical Support Policies For purposes of the ordering document, technical support consists of annual technical support services you may have ordered for the programs. If ordered, annual technical support (Including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the service are provided. The Mannial support policies. incorporated in this agreement, am subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of service provided for supported programs during the period for which fees for technical support have been paid. You should review the policies prior to entering Into the ordering document for the applicable services. You may access the current version of the technical support policies at httpj /orade.condoontracts. 2. Effective Date Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle. 3. Renewal Software Update License & Support (or any successor technical support offering to Software Update License 8 Support, "SULS ") acquired with your order may be renewed annually and. 11 you renew SULS for the same number of licenses for the same programs, for the first and second renewal yews the fee for SULS, will not incase by more than 5% over the prior year's fees. If your order is fulfilled by a member of Oracle's partner program, the fee for SULS for the flat renewal year will be the price quoted to you by your partner, the fee for SULS for the second renewal year will not increase by more than 5% over the prior year's fees. 4. Support Level If you decide to purchase technical support for any license within a license set you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced In accordance with the technical support policies in effect at the time of tenminatIon. Oracle's license set definition is available in the current techdal support polides. If you dedde not lo purchase technical support you may not update any unsupported program licenses with new versions of the program. E. Modifications to the Terms of the Agreement 1. Modification The second sentence of Section 7 Limited Warranty shall be deleted in Its entirety and replaced with the following: "Peoplesof warrants that the Software will per form substantially in accordance with the Documentation for a period of one (1) year from the effective date and that the Software media Is free from material defects. " F. Other 2657497 - t.IAke.Peuarn -79- Issued by ORACLE USA INC. 07 -MAY -20011 Pepe 4 et 5 1. Pricing Pursuant to Expansion The program licenses in section A with the license type(s) Reported Budget are ordered and subject to the applicable fees and terms of the ordering document between you and Oracle dated 24MAR -1998. As of the effective dtle of this ordering document, your actual Reported Budget S greater than or equal to 5585,000.000. The Summary lists the program licenses acquired prior to the effective date. program licenses acquired under this ordering document and the total number of program licenses acquired to date. Summary Program License Type Acquired Licenses Number of Program Toth Number of Prior to Effective Date Licenses Acquired under Section A - Program Licenses Acquired as of IM ERsdM Deft (Under This Ordering Document) Those programs specified in Section A of this ordering document, of the Reported Budget 5585.000.000 5100.000,000 5865.000.000 License Typs(s) specified in the License Type column By signing below. the paNes agree that the agreement and this ordering document constitute the entire agreement between the parties with regard to the subject natter herein and as such, no other preprinted, non-negotiated or other terms and conditions. on the customer's purchase order or elsewhere, shall apply. The offer is valid through 29-MAY -2009 and shall become binding upon execution by you and acceptance by Oracle. City Of Corpus Christi ORACLE USA, INC. Signature Signature ✓\stain Name Name Lf ✓1d S M 1 f M4 C V Title Title CO✓1'f'1K(m Man -V Signature Date Signature Dace S /i/ D 1 Effective Date (a be completed by Oracle ) 2857497 - 1.M1ke.Petrao -80- lawaa Oy ORACLE USA INC. 07-MAY.2ow Page 5 of 5 Ca]rLtX*■!II ORDERING DOCUMENT Your Name City Of Corpus Christi Your Contact Michael Armstrong Your Location City Hall Phone Number 3618263740 1201 Leopard Street - Finance Dept. Email Address michaelar @cctexas.com CORPUS CHRISTI TX 78401 -2825 ORACLE CONTRACT INFORMATION Agreement: Peoplsoft Software License and Services Agreement Agreement Name: SLSA - PSFT- PS3832- US -24- MAR -98 This ordering document incorporates by reference the terms of the agreement specified above. The following defined and capitalized terms in the referenced agreement between you and Oracle USA, Inc. (formerly known as PeopleSoft USA, Inc.) hereinafter "Oracle" shall have the same meaning as the stated terms in this ordering document: "Agreement" and "agreement "; "Licensee" and "you "Pyour "; "Software" and °program "; "Support Services" and "technical support"; "Documentation" and "program documentation "; "Third Party Software" and "third party programs "; "Schedule" and "ordering document "; and "Supportable Modules" and "supportable programs ". A. Description and Fees for Ordered Programs and Services You have ordered the program licenses and 12 months of technical support services described below: Listed below is a summary of net fees due under the ordering document. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. 2857497. 1.Mike.Petrarca -81- Issued by ORACLE USA, INC. 07-MAY -2009 Page 1 of 5 Peoplesoft Enterprise Product Description / License Type Quantity List Fee Discount % Net Fee PeopleSoft Enterprise General Ledger - Reported Budget Perpetual 100000000 License 25,288.49 25 288 49 Software Update License & Support 5,563.47 5,563.47 PeopleSoft Enterprise Payables - Reported Budget Perpetual 100000000 License 17,733.76 17,733.76 Software Update License & Support 3,901.43 3,901.43 PeopleSoft Enterprise Asset Management - Reported Budget Perpetual 100000000 License 15,189.00 15,189.00 Software Update License & Support 3,341.58 3,341.58 PeopleSoft Enterprise Budgets - Reported Budget Perpetual 100000000 License 17,733.76 17,733.76 Software Update License & Support 3,901.43 3,901.43 PeopleSoft Enterprise Project Costing - Reported Budget Perpetual 100000000 License 25,288.49 25,288.49 Software Update License & Support 5,583.47 5,563.47 PeopleSoft Enterprise Purchasing - Reported Budget Perpetual 100000000 License 27,833.25 27,833.25 Software Update License & Support 6,123.31 6,123.31 PeopleSoft Enterprise Inventory - Reported Budget Perpetual 100000000 License Software Update License & Support 27,833.25 6,123.31 27,833.25 6,123.31 191,418.00 191,418.00 List Fee Discount % Net Fee Oracle Programs License Fees 156,900.00 156,900.00 Oracle Programs Support Fees 34,518.00 0.00 34,518.00 Net Fee Total Fees 191,418.00 191,418.00 2857497 - 1.MIke.Petrarca -82- Issued by ORACLE USA, INC. 07- MAY -2009 Page 2 of 5 B. General Terms 1. Commencement Date All program licenses and the period of performance for all services are effective upon shipment of tangible media or upon the effective date of this ordering document if shipment of tangible media is not required. 2. Fees, Invoicing, and Payment Obligation a All fees due under this ordering document shall be non - cancelable and the sums paid nonrefundable, except as provided in the agreement. b. In entering into payment obligations under this ordering document, you agree and acknowledge that you have not relied on the future availability of any program or updates. However, (a) if you order technical support for programs licensed under this ordering document, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under this ordering document, If and when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to you for any program licensed under this ordering document, per the terms of this ordering document and the agreement. c. In accordance with the agreement: (t) license fees are invoiced as of the commencement date; and (ti) service fees are invoiced after the performance of the service; specifically, technical support fees are invoiced quarterly in arrears from the commencement date. d. In addition to the fees listed in section A, Oracle will invoice you for any applicable shipping charges or applicable taxes. 3. Delivery and Installation a. You shall be responsible for installation of the software. b. Oracle has no delivery obligation under this ordering document. You acknowledge that Oracle has delivered to your location, 1 copy of the software media and 1 set of program documentation (in the form generally available) for each program listed in section A. 4. Source Code Oracle may deliver source code as part of its standard delivery for particular programs; all source code delivered by Oracle is subject to the terms of the agreement, ordering document and program documentation. 5. Order of Precedence In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall take precedence. 6. Segmentation The program licenses provided in this ordering document are offered separately from any other proposal for consulting services you may receive or have received from Oracle and do not require you to purchase Oracle consulting services. 7. Territory The program licenses and services described in section A are for use in the U.S. 8. License Definition Reported Budget is defined as the the most recent Annual Adopted Budget. 2857497. 1.Mike.Petrarca -83- Issued by ORACLE USA, INC. 07- MAY -2009 Page 3 of 5 C. Future Purchases 1. Additional Copies of Programs Provided that you have continuously maintained technical support for the programs listed in section A, you may order media packs at the standard media fee in effect at the time your order is placed provided the programs listed in section A for use on the computer /operating system combination requested by you are available in a production release. D. Technical Support 1. Technical Support Policies For purposes of the ordering document, technical support consists of annual technical support services you may have ordered for the programs. If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the policies prior to entering into the ordering document for the applicable services. You may access the current version of the technical support policies at http: / /oracle.com/contracts. 2. Effective Date Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle. 3. Renewal Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS ")acquired with your order may be renewed annually and, if you renew SULS for the same number of licenses for the same programs, for the first and second renewal years the fee for SULS, will not increase by more than 5% over the prior year's fees. If your order is fulfilled by a member of Oracle's partner program, the fee for SULS for the first renewal year will be the price quoted to you by your partner; the fee for SULS for the second renewal year will not increase by more than 5% over the prior year's fees. 4. Support Level If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to purchase technical support, you may not update any unsupported program licenses with new versions of the program. E. Modifications to the Terms of the Agreement 1. Modification The second sentence of Section 7 Limited Warranty shall be deleted in its entirety and replaced with the following: "Peoplesoft warrants that the Software will perform substantially in accordance with the Documentation for a period of one (1) year from the effective date and that the Software media is free from material defects. " F. Other 2857497 - 1.MIke.Petrarca -84- Issued by ORACLE USA, INC. 07-MAY -2009 Page of 5 1. Pricing Pursuant to Expansion The program licenses in section A with the license type(s) Reported Budget are ordered and subject to the applicable fees and terms of the ordering document between you and Oracle dated 24- MAR -1998. As of the effective date of this ordering document, your actual Reported Budget is greater than or equal to $565,000,000. The Summary lists the program licenses acquired prior to the effective date, program licenses acquired under this ordering document and the total number of program licenses acquired to date. Summary Program License Type Acquired Licenses Number of Program Total Number of Prior to Effective Date Licenses Acquired under Section A Program Licenses Acquired as of the Effective Date (Under This Ordering Document) Those programs specified in Section A of this ordering document, of the Reported Budget $565,000,000 $100,000,000 $665,000,000 License Type(s) specified In the License Type column By signing below, the parties agree that the agreement and this ordering document constitute the entire agreement between the parties with regard to the subject matter herein and as such, no other preprinted, non - negotiated or other terms and conditions, on the customers purchase order or elsewhere, shall apply. The offer is valid through 29- MAY -2009 and shall become binding upon execution by you and acceptance by Oracle. City Of Corpus Christi Signature Name Title Signature Date Effective Date ( to be completed by Oracle ) ORACLE USA, INC. Signature Name Title Signature Date Uric) 4c tj r:ov1T 2 of M°pn 5/I S/o 9 Apps as to form: 11111. Lis Aguilar g iu lar Assistant City y(ttorney For City Attorney 2657497 - 1.MIke.Petrarca -85- Issued by ORACLE USA, INC. 07-MAY -2009 Page 5 of 5 7 AGENDA MEMORANDUM City Council Action Date: May 26, 2009 SUBJECT: Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements Project No. 2313 & 2303 / CIP No. SW 05 & 12 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas, in the amount of $147,955 for the Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements for design, bid and construction phase services. ISSUE: This is the next phase of the Airport Ditch rehabilitation that was developed in phases over several years for the removal and replacement of the most critical areas. The proposed project provides for the rehabilitation of approximately one -half mile of Airport Ditch and restoration of slope failures along the Horne Ditch. The concrete -lined part of Airport Ditch requires major repairs where the erosion has undermined the structural integrity. The Horne Ditch is experiencing severe erosion and side slope failures. The open channel of the Airport Drainage Channel begins at Home Road and Airport Road and extends ultimately to the La Voila Creek, which outfalls into the Oso Creek. These improvements will restore the channel profile and storm water conveyance in the channels. FUNDING: Funding for this project will come from the Storm Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. ray, '.E. Director of Storm Water and Street Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Jr-540/ Effete Anaya, P.E. Director of Engineering Services HI HOME1Rachelle \GEN1Drainage12313 8 2303-Airport Ditch Ph 3 & Hone Dild*M r9e.Memo.cloc AGENDA BACKGROUND INFORMATION SUBJECT: Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements Project No. 2313 & 2303 / CIP No. SW 05 & 12 PROJECT DESCRIPTION: This project provides for the evaluation and design for the next phase of the Airport Ditch rehabilitation. The proposed project will address the most critical areas for approximately one -half mile of Airport Ditch between approximately West Point Road and South Padre Island Drive. The project also addresses slope failures along the Horne Ditch adjacent to the Gabe Lozano Golf Course. The improvements for Airport and Horne Ditches will restore the structural integrity of these channel sections to restore the profile and storm water conveyance. In previous studies, HDR Engineering Inc. identified areas of the Airport Ditch that were in need of major rehabilitation. Major rehabilitation is needed at several concrete wall and floor panels along the existing channel. Additionally, there are several corrugated metal and reinforced concrete pipes that outfall into the channel which require replacement. The Horne Ditch is experiencing severe erosion and side slope failures. The open channel of the Airport Drainage Channel begins at Horne Road and Airport Road and extends ultimately to the La Voila Creek, which outfalls into the Oso Creek. These improvements will restore the channel profile and storm water conveyance in the channels. CONTRACT DESCRIPTION: The consultant, HDR Engineering Inc., will perform the following tasks: Basic Services: Preliminary Phase The NE will: A) Review work items identified in Preliminary Engineering Report prepared in 2004. B) Develop preliminary requirements for channel re- construction. C) Prepare preliminary opinions of probable construction costs for the recommended improvements. II. Design Phase The A/E will: A) Prepare construction plans for the work identified in the preliminary design phase. B) Construction plans will be prepared in compliance with CPPSCF and shall be completed in English units on 24 "x 36" plan sheets that can be reduced to 11"x 17" C) Prepare Traffic Control Plans for the Horne Road Ditch. The TCP will include construction sequencing, typical cross section and construction phasing plan EXHIBIT "A" Page 1 of 2 H: IHDMEIRechellelGEN \Drainage12313 & 2303 - Airport Ditch Ph 3 & Home DitchtAg, da BackgrounQEOC sheets, warnings and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. D) Include standard City of Corpus Christi detail sheets as appropriate. E) Prepare Technical and Standard specifications for the work. F) Prepare opinions of probable construction costs. G) Provide one hard copy and one electronic copy submittal of the 90% and final (signed and sealed) construction documents. III. Bid Phase Services in compliance with the Large A/E contract, Exhibit "A." IV. Construction Phase Services in compliance with the LargeA/E contract, Exhibit "A." Regular visits to the site shall be defined up to sixteen (16) visits for up to two (2) hours each for construction duration of up to 16 weeks. CONTRACT TERMS: A Contract Summary is attached as Exhibit "C." PROJECT BACKGROUND: In previous studies, HDR Engineering Inc. assessed 13,000 LF of the concrete -lined portion of the Airport Ditch to address areas where erosion has undermined the structural integrity of Airport Ditch. Recommendations were made for the rehabilitation for those areas of the concrete -lined portion to be completed in various phases based on available funding. Previous projects have been completed to address some of the most urgent areas. EXHIBIT "A" Page 2 of 2 H:WOME\Rechelle\GEMDreinage12313 8 2303Airport DiNcb Ph 3 & Home Ditch \y9d1 BeckgroundAOe PRIOR PROJECT ACTIONS SUBJECT: Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements Project No. 2313 & 2303 / CIP No. SW 05 & 12 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. December 28, 2007 — Distribution of RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). 2. January 14, 2008 — Distribution of Addendum No. 1 to RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). 3. January 17, 2008 — Distribution of Addendum No. 2 to RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). —92— IEXHIBIT 'B" Page 1 of 1 CONTRACT SUMMARY 1. SUBJECT: Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements Project No. 2313 & 2303 / CIP No. SW 05 & 12 The concrete -lined portion of Airport Ditch requires major repairs where erosion has undermined structural integrity. The ditch extends from approximately Saratoga to approximately north of Horne Road. Phase 3 work has been completed and the remaining work will be phased over several years for the removal and replacement of the most critical areas. 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, NE 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 May 27, 2009 Begin Preliminary Phase Friday July 17, 2009 Submit Interim (90%) Plans Friday July 31, 2009 Design Review Meeting Friday August 28, 2009 Final Submittal Monday (2) September 7 & September 14, 2009 Advertise for Bids Wednesday September 16, 2009 Pre -Bid Conference Wednesday September 23, 2009 Receive Bids Tuesday October 20, 2009 Award Construction Contract Monday November 23, 2009 Begin Construction Thursday March 12, 2010 Construction Completion H :WOME1Racnelle %GEMDrainage12313 8 2303- Airpon Ditch Ph 3 & Horne Ditchlcora3 9amnary.tloc EXHIBIT "C" Page 1 of 2 4. FEES Fee for Basic Services 1. Preliminary Phase $11,820.00 2. Design Phase $41,610.00 3. Bid Phase $10,515.00 4. Construction Phase $22,450.00 Subtotal Basic Services Fees $86,395.00 Fee for Additional Services (Allowance) 1. Supplemental Surveying, Field Investigation and Permitting (AUTHORIZED) $24,110.00 2. Construction Observation Services (Engineer IV, up to 10 hours per week for up to 16 weeks) $33,950.00 3. Warranty Phase $3,500.00 Sub -Total Additional Services Fees $61,560.00 Total Fee $147,955.00 The estimated cost of construction for Concrete -Lined Channel Rehabilitation: Airport Ditch Phase 3 and Horne Ditch Improvements is $1,080,000. The basic services fee proposal for this project is $86,395. Therefore, the percentage of basic engineering services cost to construction cost is 7.9%. H:WOMBRatellelGEHiDreirege12313 & 2303- Airport Ditch Ph 3 & Home DiteMadireet suemery.doc EXHIBIT "C" Page 2 of 2 \Mproject \councilexhibits \ exh2316B. dwg AIRPORT DITCH PROJECT LOCATIONS PROJECT # 2316 LOCATION MAP NOT TO SCALE EXHIBIT 'D' AIRPORT DITCH IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/07/2009 ila■P MIN 8 AGENDA MEMORANDUM City Council Action Date: May 26, 2009 SUBJECT: Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade Project No. 7440 / CIP No. WW 17 & PR 07 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Palacios Marine Industrial Coating, Inc., of Palacios, Texas, in the amount of $218,499 for the Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade for the Total Base Bid plus Additive Alternate Nos. 1 and 2. ISSUE: This project relocates and upgrades the existing effluent force main from the Oso Water Reclamation Plant (WRP) to the Oso Beach Golf Course. The transfer of the Oso WRP property to Texas A &M University- Corpus Christi requires the force main relocation to within existing utility easements. Three existing pumps at the plant which are at the end of their design service life will also be replaced to ensure adequate flows at the plant and to the golf course. The project also includes shoreline stabilization (gabions) to address severe erosion that is encroaching on the Hole No. 13 cart path, green and irrigation pump house structure. These upgrades will support the new Oso Beach Golf Course new irrigation system currently under construction. All work is being closely coordinated between the projects and in preparation for the National Pan American Golf Association golf tournament scheduled for late July 2009. FUNDING: Funding for this project will come from the Wastewater and Parks and Recreation Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater ervices Sally Gav Director of ' arks & Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services H:W OMEWacMIle1GEMWestexater17440 -Oso Effluent FM & P5 Relocation1ConelragMgenea Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade Project No. 7440 / CIP No. WW 17 & PR 07 PROJECT DESCRIPTION: This project relocates the existing 4" effluent force main that supplies effluent with 2,043 LF of new 10" PVC force main that provides effluent water from the Oso Water Reclamation Plant (WRP) to the Oso Beach Golf Course. The project replaces three existing pumps at the plant with modifications /upgrades to the primary pump structure and controls that service the golf course along with other miscellaneous items of work. The project also includes shoreline stabilization (gabions) to address severe erosion on the effluent irrigation pond on Hole No. 13. The project was developed with a base bid and additive alternates as follows: • Base Bid — This provides for the Oso WRP improvements and force main replacement to the golf course. • Additive Alternate No. 1 — This provides for a temporary standby pump to ensure adequate flows of the effluent water at the plant and to the golf course during construction, if needed. • Additive Alternate No. 2 — This provides for approximately 1,000 LF of shoreline stabilization (gabions) on the effluent irrigation pond on Hole No. 13 at the golf course. BID INFORMATION: On May 6, 2009, the City received proposals from seven bidders (see Exhibit "B" Bid Tabulation). The bids ranged from $218,499 to $390,055 for the base bid plus Additive Alternate Nos. 1 and 2. The estimated cost of construction is $230,725. The low bidder was from Palacios Marine Industrial Coating Inc. (PMI), in the amount of $218,499.00. There was a minor bid submission irregularity with PMI failing to include the documentation for Special Provision, Section A -28 regarding any possible liens and unpaid claims. PMI submitted the required information immediately upon request and no discrepancies were found. City staff and the consultant, Urban Engineering, both feel that this irregularity does not affect the bid prices and should not disqualify the bid. However, the City Council must vote to waive the irregularity if they choose to award the construction contract to the lowest bidder, Palacios Marine Industrial Coating Inc. City staff and Urban Engineering are recommending that the contract be awarded to Palacios Marine Industrial Coating Inc. in the amount of $218,499 for the Base Bid plus Additive Alternates Nos. 1 and 2. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in August 2009. H: HOMEIReMelIe \GEMWestewaIen74O -0so Effluent FM & PS RelocationlCoragfl Q$noe Beckgrounddoc EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: The existing 4" force main and pumps are at the end of their useful life and the transfer of the Oso WRP property to Texas A &M University- Corpus Christi requires the force main relocation to within existing utility easements. Therefore, this project was developed under the Capital Improvement Plan. Additionally, these upgrades support the new irrigation system currently under construction at the Oso Beach Golf Course. The section of force main on Hole No. 18 was added to the ongoing golf course project to minimize disruption of play and to minimize cost. The new irrigation system will increase the area and intensity of the sprinkler /irrigation system that will cycle the level in the irrigation pond. This will likely increase the erosion problems in the pond; consequently, the shoreline stabilization was recommended. The golf course lake stabilization is part of the golf course improvements under the Bond 2004. All work is being closely coordinated with the City Parks and Recreation Department and the Greens Committee in preparation for the National Pan American Golf Association golf tournament scheduled for late July 2009. H:W OME \Rechelb%GEMWactewater\7440.0eo Effluent FM 8 PS RelocationComalie4Apande Background Gx EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade Project No. 7440 / CIP No. WW 17 & PR 07 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. May 6, 2009 —Administrative approval of a Small NE Agreement for Architect /Engineer Consultant Services with Urban Engineering in the amount of $47,845 for the Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation /Upgrade for design, bid and construction phase services. —102— IEXHIBIT "A -1" I Page 1 of 1 J Z O w Q w Z W LL 0 r w 0- w w O vl cc w zw z w Jhabores Construction 60089 Leopard Corpus Christi, TX 78466 r p $ o g 8 8 `d 0 00 0080000 0 p0 S_ 0 pp 0p N l p N n O G,_ N p,N N Np N (�p � O O W 19 O N N N f9 MM i9 O (9 W f9 69 w w w$ w $170,679.00 $561.00 oo I( N o$ O m N f9 o0 yC N rc 0 N Q Z O Q Q 2 N n N 0 e 3 N UO d19 r Z D O O p p 0 0 0 0 0 0 0 0 0 0 0 O O 0 O O O 0 0 0 0 0 0 p 0p 0 0 go - Oo p OO O r S z.;,- g 0 M 0p 0 0p 0 0 0 vmi m O S N O O M a ,9 S N N ,9 O N w w N V 1ry7 w O f9 69 1fl f9 f9 W 69 Allstate Utilities P. O. Box 71418 Corpus Christi, TX 78467 AMOUNT UNIT PRICE Palacios Marine & Industrial Coatings, Inc. P.O. Box 875 Palacios, TX 77465 AMOUNT [ U K a F D LS LS LS EA LS LF EA LF LF LS LS LS LS CY LS SE BID Wkly )TECTV LF CY OSO WATER RECLAMATION PLANT EFFLUENT FORCE MAIN AND PUMP STATION RELOCATION/UPGRADE PROJECT NO. 7440 F z 0 i O r 1 DESCRIPTION -103- I EXHIBIT "B" -104- EXHIBIT "B" 1 O O a N O 10 O co OI N N Delta Prime Specialty Services, Inc. P.O. Box 10423 Corpus Christi, Texas 78460 Q 00 o O o p00 00 0 0 0 0 p 0 0 00 0 0 o O o O N 0 0 N 0 N 0 N 0 O ( 0 y O { N) m O 0 C N N O CO N f9 M I9 A NW win N Q N W 19 f9 f9 I9 Z 00 00 0 0 q O m N 00 SILL$ 00'000'003 00•00015f oo N O Q N Z UNIT PRICE L 0 0 0 08 0 0 p Op 0 N 0 0 0 O pO O 0 0 y 0 OO O I� (0 W N N 0 C- N F9 0 0 o i9 N 4' :, N N N A "' N «' 6' "' J. S. Haven Company P. O. Box 450 Athens, TN 37303 D 0 0 0 8 0 8 0 0 0 m 0 p 0� 0 ( 0 o � 0, 0 1 o� O o o O O 0 0 N O 0- ,- I9 NW g 0 g Q f9 w w w �' N Z $259,146.00 $2,500.00 o o 0 N 0 0 R Q p Z Q b to to° Z m u 0 N N UNIT PRICE I R. S. Black Contractors P. 0. Box 6218 Corpus Christi, Texas 78466 0 0 i W 0 K a 2 Z 0 Bridges Specialties 117 Stovall Sandia, Texas 78383 0 0 i UNIT PRICE $6,000.00 $4,000.00 $34,351.25 $16,900.00 $30,500.00 $30.00 $750.00 $18.00 $4.00 $3,000.00 $23,500.00 $5,800.00 $40.00 $7,000.00 $3,000.00' ON $47.00 $32.00 16 dfect the low bi OSO WATER RECLAMATION PLANT EFFLUENT FORCE MAIN AND PUMP STATION RELOCATION/UPGRADE PROJECT NO 7440 I— z D i f- 0 DESCRIPTION -104- EXHIBIT "B" 1 OSO WATER RECLAMATION PLANT EFFLUENT FORCE MAIN AND PUMP STATION RELOCATION /UPGRADE (PROJECT NO. 7440) PROJECT BUDGET May 26, 2009 FUNDS AVAILABLE: ESTIMATED BUDGET Wasterwater CIP Fund (CIP # WW 17) $ 267,839.63 Parks & Rec Bond (CIP # PR 07) $ 37,913.37 Total $ 305,753.00 FUNDS REQUIRED: Construction Cost (Palacios Marine Industrial Coating, Inc.) $ 218,499.00 Construction Contingencies 21,850.00 A/E Consultants (Urban Engineering) 47,845.00 Geotechnical Testing (Professional Service Industries, Inc.) 6,819.00 Engineering Reimbursements 6,555.00 Finance Reimbursements 2,185.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 305,753.00 —105— EXHIBIT "C" Page 1 of 1 \Mproject \councilexhibits \exh 7440.dwg Oso Water Reclamation Plant Effluent Force Main and Pump Station Relocation/Upg g6ie CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/08/2009 9 AGENDA MEMORANDUM May 26, 2009 SUBJECT: Beach Cleaning Permit — Project No. 3300 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute the Ratification of Amendment No. 5 of an engineering services contract with HDR Engineering, Inc., of Corpus Christi, Texas in an amount not to exceed $6,770.00 for A restated total fee not to exceed $51,770.00 for assistance with the U. S. Army Corps of Engineers Beach Cleaning Permit Application. ISSUE: Regulations requiring a permit to clean public beaches are required by the U.S. Army Corps of Engineers. The application process required technical assistance as numerous agencies were involved and sensitive environmental issues needed to be addressed. Council approval is required for expenditures exceeding $50,000.00. FUNDING: Funding is available from the FY 2008 -2009 Annual Engineering Fund. RECOMMENDATION: Approval of the motion as presented. 54* --11_ Pete Anaya, P.E. Sally G. hk Director of Engineering Services Direct of Parks and Recreation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map H:\ HOME \KEVINS \GEN\ BEACH \3300Beachcleaning\AEMemo.dip 9— Page 1 of 1 negotiation with other agencies. As a new process, the permit as finally issued will be used as a precedent during review of applications by other jurisdictions. PRIOR ADMINSTRATIVE ACTIONS: February 1, 2006 — Execution of an engineering services contract in the amount of $7,500.00 with HDR Engineering, Inc. of Corpus Christi for Regulatory Assessment — Beach Cleaning. March 24, 2006 - Execution of Amendment No. 1 of an engineering services contract in the amount of $7,500.00 for a restated fee not to exceed $15,000.00 with HDR Engineering, Inc. of Corpus Christi for Regulatory Assessment — Beach Cleaning to coordination and processing the beach cleaning permit with USACOE. August 23, 2007 - Execution of Amendment No. 2 of an engineering services contract in the amount of $10,000.00 for a restated fee not to exceed $25,000.00 with HDR Engineering, Inc. of Corpus Christi for Regulatory Assessment — Beach Cleaning to conduct a formal consultation process with the USFWS. May 30, 2008 - Execution of Amendment No. 3 of an engineering services contract in the amount of $10,000.00 for a restated fee not to exceed $35,000.00 with HDR Engineering, Inc. of Corpus Christi for Regulatory Assessment — Beach Cleaning to process the USACOE permit and complete formal consultation process with USFWS. August 5, 2008 - Execution of Amendment No. 4 of an engineering services contract in the amount of $10,000.00 for a restated fee not to exceed $45,000.00 with HDR Engineering, Inc. of Corpus Christi for Regulatory Assessment — Beach Cleaning to continue processing USACOE permit application, including development and finalization of the habitat monitoring effort document; assist the city in responding to additional information requests from USAGE and U.S. Fish and Wildlife Service with regard to the biological opinion; and coordinate issuance of the permit with USACE and resource agencies. COUNCIL ACTION: Council approval is required for expenditures greater than $50,000.00. The proposed amendment of $6,770.00 causes the contract total for services rendered to excess the $50,000.00 threshold. FUNDING: Funds are available from the FY 2008 -2009 Adopted Engineering Services Fund. Exhibit A Page 2 of 2 H: \ HOME \KEV I NS1GE N\ BEACH \3300BeachCleani ng\HEBkgExlnAttc BACKGROUND INFORMATION CONTRACT DESCRIPTION: The services undertaken were: • technical assistance to conduct a regulatory assessment of the City's beach cleaning process; • collection of topographic survey data; • preparation of a draft permit application; • coordination with the U.S. Army Corps of Engineers (USACOE); • finalization of the permit application; • coordination with the Texas General Land Office (GLO); • conducting a formal consultation as requested by the U.S. Fish and Wildlife Service (USFWS); • responding to USFWS requests with a Biological Evaluation, Biological Analysis, Biological Opinion; • providing resource agency coordination; • making permit application revisions requested by Texas Commission on Environmental Quality (TCEQ); • coordination with the City of Corpus Christi, USACOE and TCEQ regarding incorporation of revised permit language into the permit document; • issuance of the 401 Water Quality Certification; • coordination with USACOE regarding issuance of final permit. The Ratification of Amendment No. 5 provides authorization to pay $6,770.00 to HDR Engineering, Inc. for additional coordination and final issuance of the U.S. Army Corps of Engineers (USACE)permit application including: • meetings with the City of Corpus Christi to address permit revisions requested by TCEQ; • coordination with the City of Corpus Christi, U. S. Army Corps of Engineers and TCEQ regarding incorporation of revised permit language into the permit document and issuance of the 401 Water Quality Certification; and • coordination with U. S. Army Corps of Engineers regarding issuance of final permit. ADDITIONAL INFORMATION: The City of Corpus Christi is the first jurisdiction along the Gulf Coast to receive the beach cleaning permit required by the USACOE. This resulted in a more protracted permit process than typically occurs with established permit processes. The proposed activities of permit cleaning if not properly conducted could have environmental impact on protected species and the sensitive ecosystem of the beach /dune shoreline. As new permit process, the agencies charged with oversight and protection of the environment and wildlife did not have in place their procedures and policies relating to beach cleaning permits. Their review took additional time for their internal analysis and Exhibit A Page 1 of 2 H:\ HOME \KEVINS\GEN\ BEACH \3300BeachCleaningAEBkgExhilof _ CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "CITY ", and HDR ENGINEERING INC., hereinafter called "CONSULTANT ", agree to the following amendments to the contract for Architect/Engineer Consultant Services for the following project, as authorized and administratively amended by: Original Small NE Agreement February 1, 2006 Administrative Approval $7,500.00 Amendment No. 1 March 24, 2006 Administrative Approval $7,500.00 Amendment No. 2 August 23, 2007 Administrative Approval $10,000.00 Amendment No. 3 May 30, 2008 Administrative Approval $10,000.00 Amendment No. 4 August 5, 2008 Administrative Approval $10,000.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Regulatory Assessment — Beach Cleaning (Project No. 3300} ( "PROJECT "). 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the "PROJECT" in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A ". In the original contract, Section 2. Scope of Work is amended to ratify additional work required and to authorize payment for additional tasks required for TCEQ coordination and final issuance of the U.S. Army Corps of Engineers (USACE)permit application including: • Meetings with the City of Corpus Christi to address permit revisions requested by TCEQ; • Coordination with the City of Corpus Christi, U. S. Army Corps of Engineers and TCEQ regarding incorporation of revised permit language into the permit document and issuance of the 401 Water Quality Certification; and • Coordination with U. S. Army Corps of Engineers regarding issuance of final permit. 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a revised fee not to exceed $6,770.00 (Six Thousand Dollars Seven Hundred Seventy and Zero Cents) for a total restated fee n not to exceed $51,770.00 (Forty -Five Thousand Dollars and Zero Cents). H 1 HOME \KEVINS \GEN\ BEACH \3300BeachCleaninglAESumExhB.Eoc -112- \Mproject \councilexhibits \exh3300.dwg BEACH CLEANING PERMIT -113- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/15/2009 •.i 10 AGENDA MEMORANDUM DATE: May 26, 2009 SUBJECT: Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 14 to the construction contract with Bay Ltd., of Corpus Christi, Texas in the amount of $599,985.00 for a total restated fee of $11,413,882.78 for a 2 -inch overlay of hot mix asphaltic concrete, milling, manhole adjustments, pavement markings and related improvements for the Cimarron Boulevard, Phase 1 — Saratoga to Yorktown, for Bond 2008 Design Coordination and Project Management Services. [BOND ISSUE 2004] ISSUE: The Cimarron Boulevard Phase 1 Project from Saratoga Boulevard to Yorktown Boulevard had several areas with utility work that requires an overlay to have a uniform traffic surface. The installation of the overlay treatment requires Council approval of a change order to authorize the work. FUNDING: Funding is available from the FY 2009 Capital Improvement Program (CIP) Budget. FUTURE COUNCIL ACTION: Additional lighting on the existing poles will be awarded via a contract with AEP which will require Council approval if the cost exceeds $50,000.00. RECOMMENDATION: Staff recommends approval of the Motion as presented. OSA i fa Pete Anaya, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Change Order Summary Exhibit "C" Location Map H \ USERS2 \HOMEWELMAP\GENISTREET\6261 CIMARRON PHASE 1 \CONSTRUCTIONIAIEtDI MEMO BACKGROUND INFORMATION SUBJECT: Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261) CHANGE ORDER: The change order provides for the section of Cimarron Boulevard between Airline and Saratoga to be overlaid with 2- inches of hot mix asphaltic concrete pavement (HMAC). This section of Cimarron was not part of the project, but has had utility work done which produces a visible repair that does not have the smooth driving surface that will be apparent when compared to the section between Saratoga and Yorktown. The overlay will eliminate that contrast and provide a uniform surface from Airline to Yorktown. The major elements of work included in the change order are: traffic control, milling to ensure a smooth transition between the overlay and gutters, seal coat, HMAC overlay, sanitary sewer and storm water manhole adjustments, reflective pavement markings, and areas of selected full depth repairs. A change order summary is attached. See Exhibit B. ADDITIONAL BACKGROUND: The 2004 Bond Program provided funding for the Cimarron Phase 1 and Cimarron Phase 2 Projects. Phase 2 between Yorktown and Bison was undertaken first to minimize public inconvenience to permit construction in front of Mireles Elementary School during the summer months. Cimarron Phase 1 was limited to the section between Saratoga and Yorktown. The project consists of the complete removal of an existing roadway and construction of approximately 7,580 linear feet of new 5 -lane primary urban collector street (64 -feet back -to -back of curbs) with concrete sidewalks and associated pavement marking and signage improvements; 8,216 linear feet of new 18" to 54" reinforced concrete storm sewer pipes and inlets; 1,381 linear feet of new 6'X4' to 10'X6' concrete box culvert; 12,211 linear feet of new 6" to 16" PVC water lines and appurtenances; 133 linear feet of new 8" to 15" PVC sanitary sewer gravity lines; 8,925 linear feet of new 16" PVC sanitary sewer effluent line and appurtenances; 12,943 linear feet of new 18" and 24" PVC sanitary sewer force main and appurtenances; traffic signalization improvements at the Brockhampton Street Cimarron Boulevard intersection; and temporary traffic control; together with all appurtenances, in accordance with the plans, specifications and contract documents. H:\ HOME \KEVINS \GEMSTREETS16261 CimarronPhl \CO17Bk9Exhkdoc —118— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261) 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 residents 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). 3. May 10, 2005 - Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 CIP Fund 3411 B; and appropriating in Street 2000 CIP Fund 3411B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Street Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93; and declaring an emergency. (Ordinance No. 026247) 4. May 10, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $1,359,999 for the Cimarron Boulevard Street Improvements Project: (Motion No. M2005 -134) • Phase 1 — from Saratoga Boulevard to Yorktown Boulevard • Phase 2 — from Yorktown Boulevard to Bison Road 5. November 15, 2005 - Resolution recognizing the public necessity of acquiring Right of Way, Utility and Drainage Easements for the Cimarron Boulevard Street Improvement Projects, Phases 1 and 2, Bond Issue 2004 Projects, for street and drainage improvements in connection with the projects; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring said easements. (Resolution No. 026541) 6. December 13, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $73,912 for a total restated fee of $1,433,911 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 2. (Motion No. M2005 -411) EXHIBIT "A -1" Page 1 of 5 H: \HOMEIKEVINS \GEMSTREETS 6261 CimarronPhl 1C017PriorActionsExhA -1.Cpp 1 19_ PRIOR COUNCIL ACTION (continued): 7. January 24, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $412,603 for a total restated fee of $1,846,514 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 1. (Motion No. M2006 -017) 8. August 22, 2006 - Motion authorizing the City Manager, or his designee, to execute a Right of Way Easement instrument with Clara Braslau, et al., for the acquisition of Parcel 4 in the amount of $31,700, containing a Right of Way Easement, and $79,700 to the Cimarron Golf Range, Inc. for the removal and relocation of improvements located within the right of way, both necessary for the Cimarron Boulevard Street Improvements, Phase 1, Project No. 6261, and for other municipal purposes. (Motion No. M2006 -258) 9. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). 10. October 17, 2006 — Motion authorizing the City Manager, or his designee, to execute a Right of Way Easement instrument with the landowners Charles Scott Mandell and wife, Thelma Mandel in the amount of $40,525 for acquisition of parcel 3, necessary for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to Yorktown, and for other municipal purposes. (Motion No. 027024) 11. September 26, 2006 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $1,143,024 for a total restated fee of $3,028,719 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 1 (Master Channel 27). (Motion No. M2006 -324) 12. February 27, 2007 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for project management services in the amount of $84,082.79 with Anderson Group Construction Management, Inc. for the Cimarron Boulevard Street Improvements Project: (Motion No. M2007 -062) • Phase 1 — from Saratoga Boulevard to Yorktown Boulevard 13. July 17, 2007 — A. Motion authorizing the City Manager, or his designee, to award a construction contract to Berry Contracting L. P. dba Bay, Ltd. from Corpus Christi, Texas in the amount of $10,540,640.75 for Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown Boulevard. [BOND ISSUE 2004] B. Motion authorizing the City Manager, or his designee, to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $64,744 for Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown Boulevard. [BOND ISSUE 2004] 14. May 27, 2008 - Motion to authorize City Manager, or his designee, to execute Change Order No. 4 in the amount of $86,109.86 with Bay, Ltd., for a restated contract total EXHIBIT "A -1" Page 2 of 5 H:\ HOME \KEVINS \GEN\STNEETS 6261CimenonPM \C017PriorAtlionsE41A 1 t20— price of $10,657,154.49 to provide for installation of two water mains, one 5 -ft diameter manhole and 8 -in sanitary sewer main for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. PRIOR ADMINISTRATIVE ACTION: 1. July 7, 2004 — Administrative approval of a Small A/E Agreement with Pyle and Associates in the amount of $24,290 for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to Yorktown. 2. August 2, 2005 — Administrative approval of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. in the amount of $16,391 for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to Yorktown. 3. 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). 4. 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). 5. 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). 6. August 18, 2006 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $20,020 for a total restated fee of $1,866,534 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 2. 7. September 21, 2006 - Administrative approval of Amendment No. 4 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $19,161 for a total restated fee of $1,885,695 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 1. 8. March 1, 2007 - Administrative approval of Amendment No. 6 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $24,922 for a total restated fee of $3,053,641 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 1. 9. March 30, 2007 - Administrative approval of Amendment No. 7 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $24,950 for a total restated fee of $3,078,591 for the Cimarron Boulevard Street Improvements Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison for additional design work on Phase 1. EXHIBIT "A -1" Page 3 of 5 H:I HOMEIXEVINS \GEMSTREETS16261CimenonPh1 C017PriorAClionsExM -1.COC 121_ 10. November 9, 2007 — Administrative approval of Change Order No. 1 for installation of 5- ductile iron 16 -in x 6 -in water tees with Bay, Ltd. in the amount of $4,138.35 for a restated total fee of $10,544,779.10 for the Cimarron Boulevard Street Improvements Project Phase 1 — from Saratoga to Yorktown. 11. December 5, 2007 — Administrative approval of Change Order No. 2 for extension of water service to new subdivision under construction and replacement of 4 -in wastewater service in public right of way with 8 -in service with Bay, Ltd. in the amount of $20,861.53 for a restated total fee of $10,565,640.63 for the Cimarron Boulevard Street Improvements Project Phase 1 — from Saratoga to Yorktown. 12. February 25, 2008 - Administrative approval of Change Order No. 3 for replacement of temporary storm water control with rip rap berm with Bay, Ltd. in the amount of $5,401.00 for a restated total fee of $10,571,044.63 for the Cimarron Boulevard Street Improvements Project Phase 1 — from Saratoga to Yorktown. 13. July 17, 2008 - Administrative approval of Change Order No. 5 in the amount of $10,704.21 with Bay, Ltd., for a restated contract total price of $10,667,858.70 to remove and replace concrete sidewalk, repair damaged storm water inlet top, and add grate inlet with 12 -in pvc pipe at the golf course ditch for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 14. September 30 2008 - Administrative approval of Order No. 6 in the amount of $17,676.00 with Bay, Ltd., for a restated contract total price of $10,685,534.70 to install a 250 -If and 350 -If HDPE water service line for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 15. January 19, 2009 - Administrative approval of Order No. 7 in the amount of $12,480.11 with Bay, Ltd., for a restated contract total price of $10,698,014.81 for location existing 16 -in wastewater force main that was not at the record location for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 16. January 21, 2009 - Administrative approval of Order No. 8 in the amount of $22,734.43 with Bay, Ltd., for a restated contract total price of $10,720,749.24 for removal VCP wastewater line, and installation of steel casing, 24 -in pvc wastewater main and fittings for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 17. February 9, 2009 - Administrative approval of Order No. 9 in the amount of $14,001.30 with Bay, Ltd., for a restated contract total price of $10,734,750.54 for installation of steel casing, casing spacers, and mechanical joint pipe cap to accommodate a future force main for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 18. March 30, 2009 - Administrative approval of Order No. 10 in the amount of $4,367.24 with Bay, Ltd., for a restated contract total price of $10,739,117.78 for installation of 100 -If guard rail with 2 terminal end anchors for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 19. April 28, 2009 - Administrative approval of Order No. 11 in the amount of $24,900.00 with Bay, Ltd., for a restated contract total price of $10,764,017.78 for installation of 1,660 -sf of curb ramp for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 20. May 7, 2009 - Administrative approval of Order No. 12 in the amount of $24,950.00 with Bay, Ltd., for a restated contract total price of $10,788,967.78 for installation of 297 -If of 8 -in pvc storm sewer, 74 -If of 12 -in pvc storm sewer and grade swale to tie EXHIBIT "A -1" Page 4 of 5 HAHOME\ KEVINS \GEN\STREETS16261CimerronPA1\CO ITPriorActicnsExhA-,.,01 2 2— into existing inlet to prevent ponding for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. 21. In Process - Administrative approval of Order No. 13 in the amount of $24,930.00 with Bay, Ltd., for a restated contract total price of $10,813,897.78 for installation of 554 - cy of stabilized sand backfill for the Cimarron Boulevard, Phase 1 Project - Saratoga to Yorktown. H 1HOMEIKEVINS \GEN\STREETS16261C imarronPhl \C017PriorACiionsEdA- 1.tlas. 123— EXHIBIT "A -1" Page 5 of 5 Department of Engineering Services Change Order Summary Sheet May 26, 2009 PROJECT: Cimarron Blvd., Phase 1 — Saratoga to Yorktown Project No: 6261 APPROVED: City Council on 7/17/07 by Motion No. M2007 -184 CONTRACTOR: Bay, Ltd. P. 0. Box 9908 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT $10,540,640.75 25% Limit Amount 2,635,160.18 Change Order No. 1 (11/5/07) 4,138.35 Change Order No. 2 (11/15/07) 20,861.53 Change Order No. 3 (1/29/08) 5,404.00 Change Order No. 4 (5/27/08; M2008 -127) 86,109.86 Change Order No. 5 (6/13/08) 10,704.21 Change Order No. 6 (9/25/08) 17,676.00 Change Order No. 7 (10/25/08) 12,480.11 Change Order No. 8 (1/21/09) . 22,734.43 Change Order No. 9 (2/09/09) 14,001.30 Change Order No. 10 (3/30/09) 4,367.24 Change Order No. 11 (4/28/09) 24,900.00 Change Order No. 12 (5/07/09) 24,950.00 Change Order No. 13 (in process) 24,930.00 Change Order No. 14 (5/26/09) 599,985.00 Total 873,242.03 = 8.28% < 25% Exhibit B Page 1 of 3 —124— Change Order No. 14 Operating Department: 2004 Bond Project Name of Project: Cimarron Boulevard, Phase 1 - Saratoga to Yorktown • P.R. 6261 Contractor: CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas FUNDING SOURCE: CONTRACT TIME: 730 C.D. Bay, LTD. DATE: May 7, 2009 CHANGE Add the followine items to the contract: See the attached breakdown: rDp 5599,985.00 Total Net: 5599,985.00 DEDUCT Why was this change necessary? (If left off the plans and specifications, explain why?) To provided uniform traffic surface from Saratoga to Airline prior to contractor completing Cimarron Phase 1. How can similar changes be avoided in the future? Unavoidable. A. CONTRACT PRICE $ 10,540,640.75 B. TOTAL CHANGE ORDERS (inc. current) S 873,242.03 C. NEW CONTRACT PRICE S 11,413,882.78 D. THIS CHANGE ORDER 599,985.00 E. PERCENT TOTAL CHANGE (B/A) 8.28% F. PREVIOUS TIME AUTHORIZED 0 C.D. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 0 C.D. H. TOTAL ADDITIONAL TIME 0 C.D. CITY OF CORPUS CHRISTI, TEXAS By: Director of Engineering Services APPROVED: Operating Department Dir. of Management & Budget Legal Department -125- ee../ 4et CONTRA OR By: Title: C��',r., '.�, i•cN8r. Project anger Exhibit B Page 2 of 3 12- May -09 Cimarron Overlay - Saratoga to Airline Approx. 26.800 SY 1.) Mobilization - 1 LS $15,000.00 2.) SWPPP - 1 LS $2,000.00 3.) Traffic Control -1 LS $20,000.00 4.) Milling 10,000 S.Y. @$2.00 /S.Y. $53,600.00 5.) Seal coat 26,800 S.Y. @$2.25/S.Y. $60,300.00 6.) HMAC Overlay (2 ") 26,800 S.Y. @$12.00 /S.Y. $321,600.00 7.) Adjust Existing Sanitary Sewer Mnahole 11 Ea. @$3,000 /Ea. $33,000.00 8.) Adjust Existing Storm Sewer Manhole 8 Ea. @$3,000 /Ea. $24,000.00 9.) Refl. Pvmt. Mrk. TYI (4 "Brk White) 1,020 LF. @$.50 /LF. $510.00 10.) Refl. Pvmt. Mrk. TYI (8" White Solid) 1,500 L.F. @$1.40 /L.F. $2,100.00 11.) Refl. Pvmt. Mrk. TYI (4" Yellow Solid) $1,865.00 3,730 L.F. @$.50 /L.F. 12.) Refl. Pvmt. Mrk. TYI (4" Brk Yellow) 1,020 LF @$.50 /LF $510.00 13.) Full Depth Pavement Repair 1,310 SY @$ 50.00 /SY 65,500.00 —19R— Total: $599,985.00 Exhibit B Page 3 of 3 File : \Mproject \councilexhibits \exh6261C.dwg LOCATION MAP NOT 10 SCALE 0 a%') gEt a O. 14 SITE, CITY PROJECT No. 6261 VICINITY MAP NOT 70 SC4LE EXHIBIT 'C' CIMARRON BOULEVARD PHASE 1 FROM SARATOGA TO YORKTOWN (BOND ISSUE 2004.11 47_(C0 No. 14) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIS77, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 05 -18 -2009 11 AGENDA MEMORANDUM DATE: May 26, 2009 SUBJECT: Corpus Christi International Airport Drainage Phase 6 – Pipeline Adjustments (Project 10020) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Relocation Agreement for adjustment of a six -inch (6 ") and ten -inch (10 ") pipeline in an additional amount of $128,755.00 for a restated not to exceed amount of $498,800.00 with NuStar Logistics, L.P., of San Antonio, Texas for the Corpus Christi International Airport Drainage Phase VI Project. ISSUE: The pipeline company has prepared a revised detailed cost estimate that requires additional funding. RECOMMENDATION: Approval of the motion as presented. Fred Segundo Director of Aviation r ll—Pete Anaya, P.E. Director of Engineering Service 5/q/el Attachments: Exhibit A - Additional Information Exhibit A -1 Prior Actions Exhibit B – Amendment Summary/Additional Cost Detail Exhibit C - Site Map H: HOME\KEVINS \GENV\ IR_ restored\ 2004Improvements\ TaxiwayRehab &DrainageVR\Pipelines\AwdAmdl MemoNuStar.doc –131– ADDITIONAL INFORMATION AMENDMENT: The amendment authorizes payment of up to an additional $128,755.00 for the adjustment of two pipelines in conflict with the drainage channel being constructed as part of the project. The total authorized not to exceed payment as estimated by NuStar Logistics will be $498,800.00. The actual amount paid will be adjusted to actual costs as documented by invoices. NuStar's estimated cost is $430,000.00 to which they added a 20% contingency of $68,800.00 for the total not to exceed cost of $498,800.00. BACKGROUND: A total of five pipelines owned by four separate companies were identified that needed to be adjusted to accommodate the storm water drainage channel being constructed as part of Corpus Christi International Drainage Phase VI project. Each of the pipeline companies were supplied with copies of plans, and asked to provide a preliminary pipeline adjustment cost to lower their pipeline below the drainage channel. Their preliminary cost plus a mark up for the contractor to coordinate with the pipeline companies was included as an allowance in the bid documents. See Exhibit A -1 Prior Actions. The pipeline companies requested to deal directly with the City of Corpus Christi rather than the contractor. The cost of the allowance was eliminated from the contract price with Haas Anderson as Change Order No. 1 in the deductive amount of $700,000.00. Three of the pipeline companies identified submitted relocations agreements that were approved by Council on November 11, 2008 in an amount totaling $335,933.50. The work associated with those pipeline companies which have been completed are: • Copano Pipeline — 1 ea. 6 -in, pipeline; • Crosstex Natural Gas Transmission Ltd. —1 ea. 6 -in. pipeline; • South Shore Pipeline — 1 ea. 8 -in. pipeline. The remaining pipeline company (NuStar Logistics) provided a finalized relocation estimate which was approved by Council. Council approval the agreement in the amount of $370,645.00 included a contingency allowance of 20% or $61,744.00. NuStar's pipeline easement is superior to the City's property ownership and was not limited when the City acquired the property. NuStar required in the approved agreement that all costs incurred by NuStar in connection with the relocating of the Pipeline, including any new contract or amendment, would be the responsibility of the City. A copy of the agreement was included with the agenda material. NuStar Logistics has now revised their scope of work and delivered a request for additional funding in the amount of $128,755.00. NuStar originally estimated that they would be able to complete the project with a 200 -If bore. They found during detail design and review that Exhibit A Page 1 of 2 H: HOMEWEVINS \GEN\AIR_ restored\ 20041mprovements\ Taxiiastab &DrainageVBPipelines\AwdAmdl NuStarBkgExhA.doc a total of 700 -If of boring was required due to: • the depth of the new transmission pipeline; and • need to keep their existing transmission line in service in service until the new line was available for connection to service. A copy of the detailed estimate for the original estimate and revised estimate is attached as Exhibit B. FUTURE COUNCIL ACTION: Award of any necessary change orders exceeding administrative authority. FUNDING: Funds are available from FM Grants and Aviation Capital Reserve CIP funds. The project budget is attached. Exhibit A Page 2 of 2 HAHOME\KEVINS \GEM\AIR_ restored\ 20041mprovements\ Taxiwiynab &DrainageVRPipelines\AwdAmdl NuS arBkgExhA.doc PRIOR ACTIONS PRIOR COUNCIL ACTION: July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects. (M2007 -176). May 13, 2008 — Resolution to Authorize the City Manager or Designee to Execute a Multiple Use Agreement with Texas Department of Transportation (TXDOT) for a Drainage Culvert on FM 763 (Joe Miruer Road) Associated with Corpus Christi International Airport (CCIA) Taxiway Rehabilitation and Drainage Phase VI Projects. (Resolution No. 027691) July 8, 2008 — a. Ordinance appropriating $2,234,346.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting Building, Phase 1; Construct Perimeter Service Road, Phase I; and Construct Equipment Maintenance Building, Phase I at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,234,346.00; and declaring an emergency. (Ord. No. 027747) b. Ordinance appropriating $2,500,000.00 from the Federal Aviation Administration Grant No. 3- 48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to Improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,500,000.00; and declaring an emergency. (Ord. No. 027748) c. Ordinance appropriating $2,800,000.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems Phase II at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,800,000.00; and declaring an emergency. (Ord. No. 027749) d. Ordinance transferring $600,100.00 from Airport Capital Reserve Fund 4611 and appropriating $600,000.00 into the Airport CIP Fund — Capital Reserve Fund 3020A to Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting Building, Phase 1; Construct Perimeter Service Road, Phase I; and Construct Equipment Maintenance Building, Phase I at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $600,000.00; and declaring an emergency. (Ord. No. 027750) October 21, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Exhibit A -1 Page 1 of 2 H:\ HOME\ KEVINS\ GENtAIR_ restored\20o41mprovements\Talta $ 41Tab &DrainageVRPipeanes\AwdAmd1 NuStarExhA -1 .doc Signage and Lighting Improvement Projects for construction management and inspection (M2008 -273). November 11, 2008: A. Motion authorizing the City Manager, or his designee, to execute an agreement for adjustment of an eight -inch (8 ") pipeline in a not to exceed amount of $64,437.50 with South Shore Pipeline, L.P., of Houston, Texas for the Corpus Christi International Airport Drainage Phase VI Project (M2008 -285). B. Motion authorizing the City Manager, or his designee, to execute an agreement for adjustment of an six -inch (6 ") pipeline in a not to exceed amount of $108,000.00 with Crosstex Natural Gas Transmission, Ltd., of Dallas, Texas for the Corpus Christi International Airport Drainage Phase VI Project (M2008 -286). C. Motion authorizing the City Manager, or his designee, to execute an agreement for adjustment of an six -inch (6 ") pipeline in a not to exceed amount of $163,496.00 with Copano Pipeline, L.L.C., of Houston, Texas for the Corpus Christi International Airport Drainage Phase VI Project (M2008 -287). December 16, 2008 - Motion authorizing the City Manager, or his designee, to execute an agreement for adjustment of a six -inch (6 ") and ten -inch (10 ") pipeline in an amount not to exceed amount of $370,645.00 with NuStar Logistics, L.P., of San Antonio, Texas for the Corpus Christi International Airport Drainage Phase VI Project (M2008 -336). PRIOR ADMINISTRATIVE ACTIONS: November 11, 2008 — Administrative approval of Change Order No. 1 with Haas - Anderson for the deletion of the pipeline adjustment allowance in the deductive amount of $700,000.00 for a restated not to exceed contract price of $4,669,282.07 for the Corpus Christi International Airport Drainage Phase VI Project. April 15, 2008 - Administrative approval of Change Order No. 2 with Haas - Anderson for demobilization and remobilization pending completion of NuStar Logistics pipeline adjustment in the amount of $5,500.00 for a restated not to exceed contract price of $4,674,782.07 for the Corpus Christi International Airport Drainage Phase VI Project. Exhibit A -1 Page 2 of 2 H: \HOME\KEV I NS \GENAI R_restored\2004I mprovements \TaxtwtHi ab &Drainage V l\P ipeli ne s\AwdAmd l N uStarExhA -1.doc AMENDMENT SUMMARY NuStar Logistics, L.P. (NuStar), 2330 N. Loop 1604 W, San Antonio, Texas 78248 and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services), hereby agree to the amendment of the Relocation Agreement authorized by Motion No. 2008 -336 on December 16, 2008 agree to the following: Attachment 2, as set forth by the original agreement, is revised by the addition of Attachment 2.1 to reflect an additional estimated cost of $128,755.00 for a restated project cost estimate of $498,800.00. Attachment 2.1 as attached to this Amendment is incorporated into the agreement as the revised project cost estimate All other terms and conditions of the December 16, 2008 Relocation Agreement, as amended, between the NuStar and the City will remain in full force and effect. Attachment 2.1 follows on next page. H:\H0ME \KEVINS \GEN\AIR restored\ 700dlmnrnvements\ TaaiwavRehah &lth4aeVI \Pinelines\Amdt NuStarPalnentinn dnr Exhibit B Page 1 of 2 NuStar Logistics. LP Nueces County ATTACHMENT #2.1 SUMMARY UTILITY RELOCATION - COST ESTIMATE Total (5/7/09) Variance Material & Supplies $33,581 50,000 16,419 ROW $1,000 5,000 4,000 Labor $106,700 49,000 (57,700) Transportation $440 (440) Construction $144,000 258,000 114,000 Salvage /abandonment/removal $20,650 35,000 14,350 Miscellaneous $2,500 33,000 30,500 Sub total $308,871 430,000 121,129 contingency (20 %) $61,774 68,800 7,026 TOTAL PROJECT $370,645 $498,800 $ 128,155 Note: Scope of project has changed from 200 ft line lowering to a 700 ft directional drill. This is revision is needed to accommodate the proper depth needed below the drainage structure. -137- Exhibit B \Mproject \CouncilExh 10020d.dw 9 0 Q - J 0 U 0 x m AGNES CORPUS CHRISTI INTERNATIONAL - AIRPORT w ▪ BEAR r W. POINT oto 0 �V= PROPERTY LOCATION a LOCATION MAP NOT TO SCALE c i rO z 9FGP � PO I LLY DRAINAGE DITCH m m n gam R. it sy ,.vo 901100' `a III , Z® DRAINAGE CHANNEL NEEL PROJECT # 10020 (CITY) BEAR LN VICINITY MAP NOT TO SCALE EXHIBIT C Corpus Christi International Airport Drainage Phase 6 - Pipeline Adjustments -138- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 At/ 12 AGENDA MEMORANDUM DATE: May 12, 2009 SUBJECT: Vehicle Impound Facility, Phase 1 — Project No. 5249 (Bond 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an architectural services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in an amount of $280,211.00, for the new Vehicle Impound Facility, Phase 1 for design, bid, construction, and additional phase services (Bond 2008). ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. Approval of the motion is necessary to provide the engineering services to develop the bid, contract, plans, specifications and other documents required to proceed with the construction of the project. FUNDING: Funding is available from the Park and Recreation CIP Fund which will be reimbursed upon sale of proceeds approved by the 2008 Bond election. RECOMMENDATION: Staff recommends approval of the Motion as presented. Michaol Walsh Police Chief fief_ 5-A CVO/ Pete Anaya, P. E., Director of Engineering Services Additional Support Material: Exhibit A Background Information /Contract Summary Exhibit B Prior Project Actions Exhibit C Contract Summary Exhibit D Location Map —141— AGENDA BACKGROUND SUBJECT: Vehicle Impound Facility, Phase 1 — Project No. 5249 (Bond 2008) PROJECT DESCRIPTION: Voters in Bond Issue 2008 approved $2,700,000 dollars to construct a new Vehicle Impound Lot. The project will provide for the development of the first phase of the project which includes construction of an up to 6.9 -acres of all weather impound yard (Phase 1) and a 3.0 -acre (approx.) all weather impound vehicle impound auction site (Phase 1A). Phase 1 will be the first phase of the future development of a 20- acre tract. The tract is at the end of Hala Pit Road located off Greenwood Drive. See Exhibit D. The proposed site was formerly used for construction debris material disposal. The design will ensure that the improvements are compatible with the site and comply with applicable TCEQ regulations. The following is a list of the major items that will be addressed through this project. The project is designed to provide a larger, centralized all weather impound yard. The facility will allow for impounding of vehicles for which there is not capacity at the present Impound Facility. The facility will include an attendant/cashier building, parking spaces for over 500 vehicles, an impound auction site to allow for more frequent disposal of seized vehicles, lighting, fencing, security improvements, and utility extensions including storm water, water, wastewater and fire protection. The impound yard will be paved with a two course asphalt treatment. The impound auction site will be constructed with recycled roadway sub -base and base materials and recycled asphalt pavements. The project requires engineering services to prepare plans, specifications, bid and construction documents. The existing impound facility located at the Ayers Service Center does not have sufficient capacity to meet current heeds. Additionally, the Ayers Service Center location does not have sufficient space to meet future expansion needs. The current impound facility is not an all weather facility. Portions of the existing impound yard become very difficult to use or unusable during wet weather conditions. Future improvements will include construction of an administrative building (approximately 2,000 -sf), forensics building (approx. 3,000 -sf), additional impound space and related improvements which will be designed and constructed as future funding becomes available. The preliminary construction budget for Phase 1 of the vehicle impound yard including contingency is $2,025,000.00. The construction cost Phase 1A for the vehicle auction site is not included in the construction budget. The construction of Phase 1A is being largely accomplished of transport of reclaimed base and recycled asphalt product from other City projects. The auction site (Phase 1A) cost has not been estimated as the cost of the hauling and disposal of excavated street materials from numerous contracts. Additional) , the value of —� 42— EXHIBIT A Pane 1 of 2 EXHIBIT A Page 2 of 2 the recycled base and asphalt materials has no cost other than hauling which is charged to the originating street contract. Phase 1A will require spreading and compacting the material to the design elevations, filling areas, and excavation of drainage channels beside the site. PROJECT SCHEDULE: It is anticipated the project will advertise for bids during the summer of 2009. The project schedule calls for construction to be undertaken during the fall /winter months of 2009 and to be complete no later than January 2010. ENGINEERING SERVICES CONTRACT: The Engineering Contract provides a fee amount for a number of additional services are a not to exceed amount that will be expended only as needed. A contract summary is attached. See Exhibit C. FUTURE COUNCIL ACTION: • Approval of a construction contract to complete the proposed project as required. • Approval of any change orders that may be required. —143— PRIOR PROJECT ACTIONS SUBJECT: Vehicle Impound Facility, Phase 1 — Project No. 5249 (Bond 2008) PROJECT BACKGROUND: 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. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. 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. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —144— CONTRACT SUMMARY SCOPE OF PROJECT RFQ No. 2008 -05 Bond Issue 2008 and Other Projects Part A. Bond Issue 2008 Projects Proposition 3 Police Department Projects Project 37 Vehicle Impound Facility, Phase 1 Project # 5249 A. Basic Services Basic Services will include: 1. Preliminary Phase. The Architect/Engineer (A /E) will: a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a minimum of three (3) formal meetings with City staff, provide agenda and purpose for each formal meeting, and document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the Operating Department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. 2) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 3) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 4) Confer, discuss, and meet with City Operating Department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimate(s) and design alternatives. c. Field location of existing utilities using Texas One -Call system (coordinate with appropriate City Operating Departments). 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement recommendations from initial investigation including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable) for each phase, including Contract agreement forms, general provisions and special provisions, notice to bidders, insurance requirements, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, one bid for each phase, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. H: \HOME \KEV INS \GENIPOLICE\5249Newlmpcund AEAwdSumExha4 5 Exhibit C Page 1 of 8 c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under Additional Services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments. e. Furnish one (1) copy of the pre -final plans (plans only— identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the pre -final plans is a 'Plan Executive Summary" which will identify and summarize the Project by distinguishing key elements such as: • Pipe size or building size • Pipe material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all pertinent review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the pre -final and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. h. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, for review and approval by the City Traffic Engineering Department and the Texas Department of Transportation. i. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (in City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re- use of modified plans. k. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. I. Provide a Storm Water Pollution Prevention Plan. 3. Bid Phase. The A/E will: H. \HOME \KEV INS \GEN\ POLICE \5249Newlmoound\AEAwdSumEmt4dt Exhibit C Page 2 of 8 a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the Project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the Project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre- construction conference and provide a recommended agenda for critical construction activities and elements impacted the Project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory test reports. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. e. Make monthly visits to the site of the Project to confer with the City Project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the Project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's Construction Division). g. Make final inspection with City staff and provide the City with a Certificate of Completion for the Project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file ( AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. H:\ HOME \KEVINS \GEN\ POLICE\ 5249Newlmpound\A AwdsumEzhc A 7— Exhibit C Pa 3 of 8 B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The NE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Transportation (TxDOT) Permits /Amendments 1. Traffic Control Plan permit submission and participation in District Safety Traffic review process b. Texas Department of Licensing and Regulation 1. ADA/TAS Compliance permit c. Texas Commission on Environmental Quality (TCEQ) 1. TPDES Notice of Intent/Notice of Termination 2. Authorization to Disturb Landfill Cover Over a Closed Landfill in Accordance with §330.966. The authorization will include the following: • Engineers Certification as outlined in §330.957(b) • Existing Conditions Summary as set forth in §330.957(c) • Description of Project and Landfill • Description of Construction and Investigation Process including schedule and safety issues • Procedures for management of water, methane and excavated material • Maps and Drawings including a Location map and Site Layout • Sealed Construction Plans for the Project 3. Freese and Nichols will conduct a geotechnical investigation to determine the extent of landfill as well as the characteristics of the landfill cap. This information will be used to develop the information listed above as well as the construction plans. 4. Freese and Nichols will coordinate with the TCEQ prior to and after submittal of the authorization request to obtain approval for the field investigation authorization and the proposed construction. 2. Boundary Survey/ Platting. (TBD) The NE will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Exhibit C Page 4 of 8 H: \HOME \KEV INS \GEN\ POLICE \5249Newlmpaund\AEAwdSumETma.aW — Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the Project area. 4. Environmental Issues. (TBD) Provide investigation and report required to disturb the existing cover for the solid waste landfill. 5. Construction Observation Services. Provide a Project Representative (PR) to provide full time construction inspection. a. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the City against defects and deficiencies in the Work. b. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the City advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other Project - related meetings as required by the City, and prepare and circulate copies of minutes thereof 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with City with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop H:\ HOME\X EVINS \GEN\POLICE15249Newlmpound W EAwdSumExhC'c104 9- Exhibit C Page 5 of 8 Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the City and NE the occurrence of any site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide Project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of NE, the City, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 7. 8. Administration Building and Forensics Building. Provide design phase and construction phase services for a new building for administrative personnel (approximately 2000 square feet floor space), and a new garage -type building for forensic investigative work on vehicles and a holding area for vehicles involved in crime scene investigations (approximately 3000 square feet floor space). The forensics building shall include a carport for drop offs. These buildings will be bid as additive alternate bid items. 2. SCHEDULE PROPOSED PROJECT SCHEDULE Vehicle Impound Facility, Phase 1 DAY DATE ACTIVITY - - -- N/A Begin Preliminary Phase N/A Draft Letter -Report Submittal - - -- N/A City Review N/A Final Letter - Report Submittal - - -- N/A City Review H:\HOME KEVINS \GEN\ POLICE\ 5249NewImpound \P.EAwdSumExfiC1.60— Exhibit C Page 6 of 8 Wednesday May 13, 2009 Begin Design Phase Monday May 25, 2009 Pre -Final Design Submittal Friday June 4, 2009 City Review Monday June 15, 2009 Final Design Submittal Monday (2) June 22 & 29, 2009 Advertise for Bids Tuesday July 7, 2009 Pre -Bid Conference Tuesday July 28, 2009 City to Acquire All Easements Wednesday July 29, 2009 Receive Bids Tuesday September 8, 2009 Begin Construction Weekday April 2010 Construction Completion 3. FEES Summary of Fees Fee for Basic Services 1. Preliminary Phase N/A 2. Design Phase $162,899 3. Bid Phase $9,242 4. Construction Phase $22,873 Subtotal Basic Services Fees $195,014 Fee for Additional Services (Allowance) 1. Total Permitting A. Texas Department of Transportation (TxDOT) - $3,547 B. Texas Department of Licensing and Regulation (TDLR) - $4,383 C. Texas Commission on Environmental Quality (TCEQ) - $52,235 $60,165 2. Boundary Survey/ Platting TBD 3. Topographic Survey $21,353 4. Environmental Issues TBD 5. Construction Observation Services TBD 6. Warranty Phase $3,679 7. Administration Building and Forensics Building TBD Subtotal Additional Services Fees $85,197 Total Fee $280,211 The estimated cost of construction, including utilities, is $2,025,000. The construction cost Phase 1A for the vehicle auction site is in addition to Phase 1 Impound Lot construction budget. The construction of Phase 1A is being largely accomplished of transport of reclaimed base and recycled asphalt product from other City projects. The reclaimed material must be spread to the design elevation of the impound lot which will require filling and excavation of drainage channels. The cost of Phase 1A (auction lot) is in addition to the construction cost for the Impound Lot. The construction cost for Phase 1A has not be computed due to the number of projects using the site for disposal of excavated base and asphalt materials that are being recycled. The design cost for Phase 1A is included in the Basic Services Cost. H:\ HOME \KEV INS \GEN\ POLICE\ 5249NewImpound\AEAwdSumExhUlo% Exhibit C Page 7 of 8 The estimated percentage of the total Basic Services Cost (Phase 1 and Phase 1A) to Construction Cost (Phase 1 only) is 9.63 %. The percentage is deemed acceptable due to: • the extra design work for Phase 1A that is not reflected by the construction cost, and • additional design effort required due to the prior use of the site for construction debris and materials disposal. H: \HOMEIKEVINS \GEN\ POLICE \5249NewImpound AEAwdSumERlld.a2— Exhibit C Page 8 of 8 File : \ Mproject \councilexhibits \exh5249. dw VICINITY MAP NOT TO SCALE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4 -29 -2009 MOP MI, MIN -153- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Mav 26, 2009, AGENDA ITEM: Motion to authorize the City manager or designee to execute a consultant services contract with Horizon Centre of Howard County, Maryland in the amount of $79,415 for Phase 5 of the Development Services Process Improvement project. ISSUE: Phase 5 of the Horizon Centre Contract for business process improvements aims to implement and test the system design into further areas of the development process. Current focus areas have included counter operations and customer service. Future improvements include the transition of all business processes such as building permits into a project oriented system. REQUIRED COUNCIL ACTION: Motion to authorize the City Manager or designee to execute a consultant services contract with Horizon Centre of Howard County, Maryland to continue the implementation of the operational design. • PREVIOUS COUNCIL ACTION: Motion appropriating $145, 980 for the System Operational Design and Process Improvements Motion 2005 -333 — Horizon Centre contract for $145,980 CONCLUSION AND RECOMMENDATION: Approval of the Horizon Centre Phase 5 contract to continue the implementation of the design. \ditiA-L 4\/ Juan Perales,Jr Interim Assistant City Manager for Development Services Attachments: Proposed Horizon Centre Contract -157- BACKGROUND INFORMATION Horizon Centre was engaged with the City of Corpus Christi and Development Services to perform business process improvements beginning with an assessment completed in August 2005. Consultant and staff recognized that any future improvements in the development services department required close examination of all the components that influence the development review "system" as a whole. Efforts to significantly improve the development review function are difficult to achieve unless the overall approach is from a comprehensive, system -wide perspective. Changes to the current business process into a project oriented culture are ongoing with the first open house held on April 22, 2009. While the open house introduced the new business process, further training and design implementation is required to ensure system wide changes in behavior are solidified and the process changes become routine. The development process has been the focus of much scrutiny and discontent in the development arena. A great deal of discussion and buy -in from stakeholders has taken place to reach a point where implementation can begin. Approval of the Horizon Centre contract will assist in implementing the operational design and related training materials. -158- Amendment No. 3 for Consultant Services Performance Improvement in the Land Development Review System The City of Corpus Christi, Texas, hereinafter called "City ", and Horizon Centre, a Maryland corporation, hereinafter called "Consultant ", parties to the amendment of the contract as amended September 20, 2005 (Motion #2005 -333) and as amended April 17, 2007 (Motion #2007 -104), hereby agree as follows: I. SERVICES TO BE PERFORMED The Consultant hereby agrees, at his /her own expense, to perform all services necessary to research, document, and complete the scope of work to complete the project described as follows. Section II, Scope of Services, A Project Scope is amended by the addition of Phase 5 Services to read: II. SCOPE OF SERVICES A. PROJECT SCOPE Amendment No. 3: I. Implementing the System Design Horizon Centre, Inc is nearing completion of the Phase 4, Project - Oriented Operational Design scope of work with the City of Corpus Christi. Phase 4 focused on the implementation and transition planning for five (5) key past deliverables, including the Operational Design, Data Assessment & Conversion Strategy, Performance Measurement Program, Regulatory Framework Assessment, and the Cost -of- Service Study and Fee Analysis. Phase 5 centers on a cross - section of implementations aimed at moving from a sequential processing system to a more integrated, comprehensive service based approach tailored to customer needs. The services include transition to a Consistent Entry Point for any method the customer enters the system, Non - Project Early Assistance to provide more reliable and comprehensive information, and expanding the projects to complex, public hearing based projects. Support tools in the areas of detailed procedures, publications, training, space enhancements, technology, and performance measurement will be addressed to improve timeliness and predictability. II. Phase 5 Scope of Work This Phase 5 work program has been designed to assist management and the staff teams with continuing the transition to the new, integrated development processing system functionality. In addition, this phase of work focuses on continuing the facilitation of the customer and staff teams to increase momentum and buy -in on the improvement effort. Tasks for Phase 5 The tasks below are organized into two (2) groups, including: 1. Product Development 2. Visit Facilitation and Support HALED-DIP \ Lisa \2009 Development Services \Horizon Centre Fingsgment3 Phase 5.tloc Page 1 of 8 Task Group 1: Product Development Task 1: System Operational Design Implementation & Refinement (previous Deliverable 1) Assist management, the Performance Improvement Manager (PIM), and staff teams to draft detailed procedures and implement the system operational design. Key task products include: • Assist with drafting detailed scripts, flow charts and procedures to implement the core business processes (consistent entry point, early assistance, project management, construction inspection, and development - related code enforcement). • Assist with training staff to perform key roles of Consistent Entry Point, Non - Project Early Assistance, and expanded Project Management. • Enhance "back room" staff coordination, plan review consistency, and issue resolution to ensure timely processing from application through decision. Task 2: Data Conversion Implementation (previous Deliverable 2) Assist management, the Performance Improvement Manager (PIM), and staff team to identify and implement data conversion priorities to support informational requirements for non - project early assistance, project management and code enforcement intake. Key task products include: • Finalize priorities for data conversion that support FAQs or processing needs in the core business processes. • Assist with organizing information and resources to most efficiently support the integrated processing system. • Assist with determining the transition steps needed from current data formats to the optimal format and access with technology capabilities. • Assist with conversion methodology, testing and usage of converted data, where appropriate. • Task 3: Performance Measurement Program Implementation (previous Deliverable 3) Assist management, the Performance Improvement Manager (PIM), and PMs to implement the performance measurement program to support project processing. Key task products include: • Assist with finalization of implementation tasks, timelines, and resources needed for this task. • Assist with collection of the baseline performance measurement data, including the customer survey and internal measurement data. • Assist with collection of customer satisfactions and internal measurement data for the phase -in of project management and early assistance in the new system. • Assist with development and refinement of a regular measurement report format. • Assist with staff and customer education on the measurement program objectives and ongoing results. Task 4: Regulatory Framework Implementation (previous Deliverable 4) Assist management and the Performance Improvement Manager (PIM) to implement the regulatory framework update priorities. Key task products include: • Assist with identification of regulatory update priorities, including master plan updates. • Assist with development of handouts, checklists, brochures to support the integrated, project oriented approach. • Assist with finalization of UDC process- oriented components. H: \LEG- DIR \Lisa\2009 Development Services \Horizon Centre ArgeJldment3 Phase 5.doc Page 2 of 8 Task 5: Fee Analysis & Implementation (previous Deliverable 5) Assist management and the Performance Improvement Manager (PIM) to analyze the current fee structure in order to implement fee adjustments to improve overall cost recovery. Key task products include: • Assist with cost -of- service analysis for impact of integrated process on current fee structure. • Assist with analyzing current fees and develop opportunities for fee adjustments. • Assist with presentations to DSAG and City Council on proposed fee adjustments. Task Group 2: Visit Facilitation & Support Task 6: Presentations to the City Council and Board or Commissions. In conjunction with management, present ongoing status reports, including accomplishments and implementation activities. Assist management with the preparation of presentation and handout materials. Task 7: DSAG & Other Customer Communication and Outreach Work with management and staff to communicate ongoing implementation accomplishments and planned improvements in order to build overall customer support for the Development Services department. Assist with the development of presentations and handout materials to be used during the outreach effort to the DSAG, formalized professional organizations and citizen groups as needed. Task 8: Onsite Facilitation of Work Product. Assist management, PIM, and PMs to prepare work programs and agendas in accordance with the drafted action plan and timeline. Assist with the facilitation of work products and agenda action items. This task is typically onsite intensive, but will include regular web -based teleconferences with desktop sharing and product development. Task 9: Assist with Work Plan Formulation and Maintenance Work with management and PIM to refine and expand the work plan to implement the integrated system improvements. The work plan would be developed in order to continue the system design refinements, phase -in of information inquiries and projects to the new system, and development of transition and implementation steps needed for success. Task 10: Provide Ongoing Coaching and Support to the Process Improvement Manager. Provide ongoing coaching to the PIM to assist them in carrying out their duties to implement the system recommendations and dealing with change management issues and resistance. Provide miscellaneous telephone and email support on questions, research and issues that may arise during the implementation of the system performance improvement recommendations. Phase 5 Services are estimated to be complete within seven (7) months of notice to proceed. Notice to proceed shall be issued by the Director of Development Services upon final City Council approval. III. FEES AUTHORIZED The City will pay the Consultant an additional total not to exceed fee of $79,415.00 for a restated not to exceed fee of $250,370.00. This fee will be full and total compensation for all services provided and authorized expenses incurred in performing the tasks specified. Authorized expenses include airfare, out of town travel, lodging, meal, printing, postage and shipping. Mileage will be reimbursed at the IRS authorized rate or based upon rental car HALEG- DIR \Lisa\2009 Development Services \Horizon Centre Atidment3 Phase 5.doc Page 3 of 8 receipts and invoice statements. The City will reimburse the Consultant only for authorized expenses actually incurred. The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The City shall make prompt payments in response to Consultant's statements for Professional Services. Billing for services provided in Phase 5 will be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case will the billing exceed 95% of the fee for each task until said task is complete in the sole opinion of the Assistant City Manager for Development Services or his designee. Consultant will submit monthly statements for work authorized by the Assistant City Manager of Development Services and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing. The City will make prompt monthly payments in response to Consultant's monthly invoices. All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees, Exhibit A. Invoices will be sequentially numbered for each project and state the project name. The letter shall state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. H: \LEG- DIR \Lisa\2009 Developm$r ` wices\Horizon Centre Amendment3 Phase 5 May 18 2009.doc V. NOTICE ADDRESS Correspondence concerning this contract shall be sent City: Assistant City Manager of Development Services and Director of Development Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 361 - 826 -3232 fax 361- 826 -3230 to the City and Consultant as follows: Consultant: George Arimes, President Horizon Centre P.O. Box 151 Glenelg, MD 21737 410 - 489 -9093 fax 410- 489 -9094 e -mail: info @horizoncentre.com All other terms and conditions of the contract as amended between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI HORIZ By: By: 'Angel R. Escobar Date City Manager ATTEST: City Secretary APPROVED AS TO FORM: 4 Assistant Citti /jlttorney Date 5/1$/x5' Date A • hor RE d Representative H \LEG- DIR \ Lisa \2009 Development Services \Horizon Centre Fjmerment3 Phase 5.doc S / /s/.? Date Page 5 of 8 Coy of Corpus = Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA. FIRM � [ NAME: / /arI ?orj (ei %e ) tti c STREET: 147-3e-, D /3j,y '• gee /CITY: .646) . PAP ZIP: -11737 FIRM is: 1. Corporation 2. Partnership_ 3. Sole Owrfer 4. Association_ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name �o .^ Job Title and City Department (if known) 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Jp n Job Title and City Department (if known) 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name a /O Job Title and City Department (if known) 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name N� n e Job Tale and City Department 01 known) H \LEG- DIR\Lisa\2009 Development Services \Horizon Centrf Smendment3 Phase 5.doc Page 6 of 8 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Carpus hristi, Texas as changes occur. / L Certifying ro: Cam? L�(JY� / ✓%-jZS Title: / %P. /�l €1/t l " ype or • n Signature of Certifying CAS 9 Person: a Date: DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. H: \LEG- DIR\Lisa\2009 Development Services \Horizon Centre Pn3Iment3 Phase 5.doc Page 7 of 8 Summary of Fees: H' \LEG- DIR \ Lisa \2009 Development Services \Horizon Centre Amendment3 Phase 5.doc -166- Page 8 of 8 Not to Exceed Budget Original Contract $24,975 Amendment No. 1 Phase 2 Fee (Amendment No. 1) 55,100.00 Phase 3 Fee (Amendment No. 1) 40,880.00 Phase 4 Fee (Amendment No. 2) 50,000.00 Task (Amendment No. 3) Phase 5 Fee 1 System Operational Design Refinements (previous Deliverable 1) $12,500.00 2 Data Conversion Implementation (previous Deliverable 2) $2,500.00 3 Performance Measurement Program Implementation (Deliverable 3) $4,375.00 a Regulatory Framework Implementation (Deliverable 4) $3,750.00 5 Fee Analysis & Implementation (Deliverable 5) $3,750.00 6 Presentations to the City Council, Boards and Commissions $1,000.00 7 DSAG & Other Customer Communication and outreach $3,125.00 6 Onsite Visit Facilitation of Work Product (11 visits in seven months) $34,375.00 9 Assist With Work Plan Formulation and Maintenance $1,875.00 10 Provide Ongoing Support and Coaching to the Process Improvement Manager $1,250.00 Amendment 3 Total Fee $68,500.00 Amendment 3 Expense Allowance $10,915.00 Amendment No. 3 Total $79,415.00 TOTAL CONTRACT FEE $250,370.00 H' \LEG- DIR \ Lisa \2009 Development Services \Horizon Centre Amendment3 Phase 5.doc -166- Page 8 of 8 14 CITY COUNCIL AGENDA MEMORANDUM May 26, 2009 AGENDA ITEM: Ordinance abandoning and vacating a 625 - square foot portion of an existing 5 -foot wide electrical easement out of Country Club Estates Unit 19, Blk. 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street rights -of -way; requiring the owner, Saratoga Village Partners, LLC., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the electrical easement is necessary for the re- platting of the property. The existing electrical easement in its present location, would cut one of the lots involved in the replat, in half. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ailett -IL Juan Perales, r., P.E. Interim ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —169— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Saratoga Village Partners, LLC., is requesting the abandoning and vacating of a 625 - square foot portion of an electrical easement out of the Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street rights -of -way. The easement to be abandoned and vacated is located in an "B-4" General Business District. The closure of the electrical easement is necessary for the re- platting of the property for commercial development. The existing electrical easement in its present location would cut one of the lots involved in the replat, in half. All public and franchised utilities were contacted. AEP had no objections, but will seek reimbursement if adjustments to their facilities become necessary. AT &T had no objections, but will seek reimbursement if adjustments to their facilities become necessary. None of the other city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed electrical easement abandonment. Staff recommends payment of the fair market value of $1,565.00 for the abandonment and vacation of a 625 - square foot portion of a 5 -foot wide electrical easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A —170— Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 625 - SQUARE FOOT PORTION OF AN EXISTING 5 -FOOT WIDE ELECTRICAL EASEMENT OUT OF COUNTRY CLUB ESTATES UNIT 19, BLOCK 2, LOT 7, LOCATED ON THE SOUTHEAST CORNER OF THE SARATOGA BOULEVARD AND ACUSHNET DRIVE PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNER, SARATOGA VILLAGE PARTNERS, LLC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Saratoga Village Partners, LLC. (Owner), is requesting the abandonment and vacating of a 625- square foot portion of an existing 5 -foot wide electrical easement out of Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street right -of -way. The easement to be abandoned and vacated is located in a "B -4" General Business District; and WHEREAS, the closure of the electrical easement is necessary for the re- platting of the property. The existing electrical easement in its present location would cut one of the lots involved in the replat, in half; and WHEREAS, all public and franchised utilities were contacted. AEP and AT &T were the only franchised utility companies with facilities within the electrical easement. No other city departments or franchised utility companies had any facilities within the electrical easement. AEP and AT &T had no objections, but will seek reimbursement if adjustments to their facilities become necessary; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the electrical easement, subject to the provisions below. (See Exhibit A - Proposed Easement Closure & Exhibit B - Easement Closure Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 625- square foot portion of a 5 -foot wide electrical easement out of Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street right -of -way, as recorded in Volume 43, Page 160 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above electrical easement is conditioned upon Owner's compliance with the following: A.) That the Owner pay the fair market value of $1,565.00 for the abandonment and vacating of the total 650 - square foot portion of the 5- H:\LEG-DIR \Shared\LEGAL -DE V. SVCS\2009 Agenda \ 5- 26\ ONiCountryClubEstatesElecEasmt -Sa ratoga V illagePartners.ORD.doc Page 2 of 3 foot wide electrical easement prior to closure going to City Counsel for approval. B.) Owner must comply with all the specified conditions of the ordinance within 360 days of Council approval. C.) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property map records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: May 18, 2009. R. Jey. seining / First Assistant City Attorney For City Attorney H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\ 5 -26 \1 Z3untryClubEstatesElecEasmt- SaratogaVillagePartners.ORD.doc Page 3 of 3 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \5.26COld7O ntryClubEstatesElecEasmt- SaratogaVillagePartners.ORD.doc 4603 VQ Lot 7 Blk 2, Country Club Estates Unit 19 Easement Closure 625 sq. ft. 9606 4622 4737 1633 4710 0� .FFeet Proposed Easement Closure Easement Closure EXHIBIT C Dole: 111/2009 FlN: E:4WlieLLC7 B1k2, Cuunlry Ott Estates Unit melt BIIQ_Counb2_aub_EONIes UNI_1B.nu0 PNpore9 8y DS ay Of Corpus CNNtl D.wlcpmenl Services -174- f Nicklaus Searc (1) m 0 m Saratoga Boulevard (State Highway 357) Weisko reenboro Heber Acushne C s ite 0 Good Hogan Snead 0 a ' • e a c a no c 04-'01IC o$ co Lt tol 0 �2 7 �NZ _0*13 0 U re J Middlecof r Goldene e re 0 O 0 -Ede Qdow Pressler c Fox Run 00\ Mou \-• 0t �foP Trail i Snowgoose 30' Greensboro Drive est 30' Map to Accompany 0 0 0. 0) a 0 ntoin Wing Timberq to N L r CD rn w 0 N Saratoga Boulevard (State Highway 357) Point of Beginning Fd. 5/8" I.R. � — N61'29'30 "W 115.00' Site Map S61 °29'30 "E 5.00' O N r Lot 3, Block 2 Country Club Estates Unit 19 Vol. 42, Pg. 80, Map Records of Nueces County, Texas g Simla for the dame of 01 elect a l tomanont out of Lot 7, bog Z Canby CM Estots lnR 11 o map of al road b Velum 4 Pot's 164 Me Mania of Ma Cants Taos J m N 5 2 o C J19 N • M) to N d to75 N y 0 U O cN 0)10 N 0 in W U 0 d U w N61 ' 9 30"W 5.00' re m .o~ a c 01 ° p cria CO I;aa3 z 007- r 0 io o) oo' 0 0 Lot 8, Block 2 Country Club Estates Unit 19 Vol. 43, Pg. 160, Map Records of Nueces County, Texas URBAN ENGINEERING nsr.M 4-.�ro (X1)104-6001 ma EXHIBIT C DATE: Feb. 26, 2009 SCALE: 1 " =40' JOB NO.: 09021.A8.00 SHEET: 1 of 1 DRAWN BY: XG 02009 by Urban Engineering 15 CITY COUNCIL AGENDA MEMORANDUM May 26, 2009 AGENDA ITEM: Ordinance approving transfer of the lease with Corpus Assets, L.P. to Svabic Family Partnership, Ltd. for aerial, surface, and subsurface premises for operation of pedestrian skywalk across Antelope Street right of way between American Bank building and Petroleum Tower; and declaring an emergency. ISSUE: City Council approval is required to transfer lease. REQUIRED COUNCIL ACTION: Approval of the ordinance. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. Juan Perales, Jr., P.E. Interim ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance —179— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: On December 14, 1999, by Ordinance number 023865, Corpus Assets, L.P. received a 59 years lease ( "Lease ") from the City for aerial, surface, and subsurface premises to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope Street right of way between the American Bank Building on the south side of Antelope Street and the Petroleum Tower Building on the north side. The initial payment under the Lease was $7,440 for the first five years. Payments under the Lease are due every five years, adjusted by Consumer Price Index. In 2005, Corpus Assets, L. P. entered into an agreement with Svabic Family Partnership, Ltd. whereby the parties executed an Assignment and Assumption of Lease in 2005, and now request City consent to the assignment of Lease, as required by Section 14 of the Lease. The Svabic Family Partnership has submitted check in the amount of $10,823.00 which is the Lease payment for the period November 17, 2005 through November 15, 2010. EXHIBIT A —180— Page 1 of 2 ORDINANCE APPROVING TRANSFER OF THE LEASE WITH CORPUS ASSETS, L.P. TO SVABIC FAMILY PARTNERSHIP, LTD. FOR AERIAL, SURFACE, AND SUBSURFACE PREMISES FOR OPERATION OF PEDESTRIAN SKYWALK ACROSS ANTELOPE STREET RIGHT OF WAY BETWEEN AMERICAN BANK BUILDING AND PETROLEUM TOWER; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi approves the transfer of the Lease with Corpus Assets, L.P. to Svabic Family Partnership Ltd., for aerial, surface, and subsurface premises for operation of pedestrian skywalk across Antelope Street right of way between American Bank Building and Petroleum Tower. A copy of the Acceptance of Assignment of the Lease by Svabic Family Partnership, Ltd., is attached as Exhibit A. 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 , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor ThAssi If, 2005 Approved: L Lisa Aguilar Assistant cty Attorney For City Attorney -181- 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —182— ACCEPTANCE OF ASSIGNMENT OF LEASE Whereas, on December 14, 1999, by Ordinance number 023865, Corpus Assets, L. P. received a 59 year lease from the City of Corpus Christi to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope Street right -of -way between the American Bank Building on the South side of Antelope Street and the former Petroleum Tower Building ( "Lease "); Whereas, Corpus Assets, L.P. and Svabic Family Partnership. Ltd. have entered into an agreement whereby Corpus Assets has transferred the former Petroleum Tower Building to Svabic Family Partnership, Ltd.; and Whereas, Corpus Assets, L.P. and Svabic Family Partnership, LTD. have requested consent by the City to the assignment of the Lease, as required by Section 14 of the Lease; NOW, THEREFORE, , Corpus Assets, L.P. and Svabic Family Partnership, LTD. make the following representations and warranties to the City: 1. Svabic Family Partnership, LTD is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and is authorized to do business in Texas and has full power, authority, and legal capacity to execute, deliver, and perform this Acceptance for Svabic Family Partnership, Ltd. to perform the terms and conditions of the Lease. 2. For Corpus Assets, L.P. and Svabic Family Partnership, Ltd. all actions necessary to authorize the execution and delivery of the Assignment and Assumption of Lease, attached as Exhibit A, have been duly authorized by all necessary and required proceedings of both entities. 3. Svabic Family Partnership, Ltd. acknowledges that it has been fumished copy of the existing Lease and agrees to accept the assignment of the Lease and accepts all rights, duties, and obligations created thereunder. 4. For notification purposes, notices from the City to the Svabic Family Partnership should be mailed to: SVABIC FAMILY PARTNERSHIP, LTD. ATTN: r'7-'-' .' �- �Z7:7 KtkIOA Leg -nIg, 1ti1)Tb+1/41 Tx -7-i 0140 Telephone "Contact:WILLIc. atAiSic 713.777.27Y 5. Svabic Family Partnership, Ltd. has attached its payment of $10,823.23 as rental payment for years November 17, 2005 through November 16, 2010. Dated. Tv - •'-2 1— y -200`7 STATE OF it-Alai) CORPUS ASSETS, L.P B \ lam" Y Its cfihgA...cr COUNTY OF y-r S The fore oin instrumaN was st}scnped and om to fore mg this .c1 da of � 2004, by Jnstru %'CDSPnst the iP.____ TPo- y of Corpus Assieeli, lotary Public Exiif A Dated: X0.2•5 2008 STATE OF 1 61445 COUNTY OF tket212,15 SVABIC FAMILY PARTNERSHIP, LTD. By Its r Oeiu r The foregoing instrument was subscribed and sworn tg fore me thisladay o 2008, by (3)1 t.0 C 5Y.4S1 r the (LF,S i ore•J r- of Svabic Family Partnership, Ltd. , a Texas Corporation, on behalf of said co .oration. SEAL W Patrick Curington Notary u�lic Notary Public, State of Texas x ry My Commission Expires: " AM 23, 2011 —184— Sent by: ARMADILLO GLASS INC. 713 777 0886; 05/12/05 5:47,44,. #711;Pega 217 ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASES (this "Assignment") is made thisc= day of May, 2005, by CORPUS ASSETS, L.P., a Texas limited partnership, ("Assignor") aid SVABIC FAMILY PARTNERSHIP, LTD., a Texas corporation ("Assignee "). WHEREAS, Assignor is the lessee ofcenainpropesty known as the Antelope Street Skywalk, morn particularly descnbed in Bxhibit "A" attached hereto (the "Property"), which Property is now subj act to a certain lease entered into between the City of Carpus Christi, u the Iessor, and Co tpus Assets, L.P„ Assignor herein, as lessee (the "Lease j, a copy of which is annexed hereto as Exhibit 13; and. WHEREAS, Assigee is desirous of having Assignor assign the Lease to Assignee, subject to all of the obligations of the lessee contained therein, and Assignor is desirous of assigning the Lea= to Assignee; PLOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and state as follows: 1. Assignor hereby assigns to Assignee all of Assignor's right, tale and interest an, to and under the Lease and any amendments thereto, 2. Assignee hereby (1) accepts the foregoing assignment of the Lease, (1i) assumes all of the terns, covenants and conditions thereof to be performed by the lessee under the Lease from and after the date of the delivery hereof, and (iii) agrees to hold the Assignor harmless from any and all claims, Iiabilities, expanses, actions, suits, costs, damages, and demands of any 1 EXln■ 10i+ 1- -185— Sent by: APIIADILLO GLASS INC. 713 777 083e; 05/12/05 5:47PL1; ELI7 l;Page 3/7 nature whatsoever suffered or incurred by Assignor and which mayatise from AssigLeetobtigations assumed hereunder from and after the date of this Agreement. 3. Notwithstanding the within Assignment and Assumption Agreement, it is agreed and understood that this assignment is subject to the following obligations and restrictions; (a) In the event Assignee heroin elects, at its sole and exclusive cost, to perform all (lithe worknecessary to make the Property ltd lyoperational On boot sides) within three years from the date hereof, the Assignor herebyagrees that it will negotiate and enter into a separate agreement which provides for reasonable access to American Bank Plaza, which building is owned by Assignor, to make the Property accessible for the occupants of said American Bank Plaza and the premises known as the Petroleum Tower,, located at SIlNorth Carancahua Street, Corpus Christi, Texas, being purchased by Assignee herein on even date herein; (b) In the event that Assignee herein, at it sole and exclusive cost, elects not to perform all of the work necessary to make the Property fully operational (an both sides) within three years from the date hereof, then is that event Assignor shall be underno obligation to negotiate and enter into a separate agreement which provides for reasonable access to American Bank Plaza, but it may elect to do so at its discretion, and Assignor is free to block the entrance from the skywalk to American Bank Plaza and rem the space to prospective tenants; ( c) A. ssigneashallhesas iter hold Assignorharmless and eortpletelyindeenaify Assignor against any claim ibr damages of any kind brought against Assignor or its successor in interest arising out of or related to the Property. 2 — i.8.fi_ rti- • Sent by ARMADILLO GLASS INC. 713 777 0636; 05/12/05 5:47PM;JplThx #711;Pags 4/7 4. Upon execution of this instrument by the parties hereto and the approval of the City of Corpus Christi to this Assignment, all of the obligations of Assignor pursuant to the Lease shall be terminated. 5. This Agreement may not be modified, altered or amended, or its terms waived, except by an instrument is writing signed by the parties hereto. 6. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee, and their respective successors and assigos. 7. Tbis Agreement tray he executed in two or more counterparts each of which when executed and delivered as prescribed shall constitute an original, IN WITNESS WHEREOF, this Assignment and Assumption of Leases has : executed as of the day and year fret above written. ASSIGNOR: ASSIGNEE: in CORPUS ASSETS, L.P. S'AR'K F_ NLILY PARTNERSHIP, LTD. By: CORPUS PARTNERS MANAGilYIB t INJ7 general partner 5 n,,n +- nt . Tonnes Rosenthal, President assignum/811carpus. ease 3 -187- Sent by: ARMADILLO GLASS INC. THE STATE OF NEW YORK ) COUNTY OF KINGS ) 713 777 0638; 05/12/05 5:47PM;jptFar #711;Psge 5/7 This instrument was acknowledged before me this day ofMay, 2005, by Tomas Rosenthal, the President of Corpus Partners Management Inc., a Texas corporation, and General Partner of Carpus Assets L.P., a Texas limited partnership, on behalf of said corporation and limited partnctship. .gss rporuaotI1CI SOS ?la tuas ilwa lo Italdarod Gar kon THE STATE OF TEXAS COL'NTY OF ) ) ) This instrument was acknowledged before me this day of May, 2005, by thePresident ofSvabic Familypaztnership, Ltd_, a Texas corporation, on behalfof tai d corporation, : ::. :. :•. •, •. 4 Notary Public —1 8 8— r , sent by: AMNADILLD GLASS INC. 713 777 0636; EXHIBIT "A° THE PREMISES 05/12/05 5:48PM;$zfet #711;PagQ 617 Lots (t), Two (2),Three (3) and Four (4), Mock Teri (10), BLUFFPORXION, an addition to the Cit of Corpus Chrisit Nueces Conosy, Texas, according to plat thereof recorded in Volume A, Pages 2-3 of the Map Records of Nueces County, Texas 189 Sent by: ARIfADILLO GLASS INC. 713 777 GOSO; 05112!05 5:48PA;Jnm, 711;Paga 717 EXHIBIT ms" Antakipe Street Ski/walk andlmgrovementLaast —190— 16 AGENDA MEMORANDUM May 26, 2009 AGENDA ITEM: Ordinance appropriating $432,503 from the Sanitary Sewer Trunk System Fund No. 540450- 21800 -4220 to pay The Preserve at Mustang Island, LLC for Phase One (1) of the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a fl- inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. ISSUE: The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision, has started the construction of the Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances. Per the Reimbursement Agreement approved by City Council on March 31, 2009 and executed on April 1, 2009, the developer is eligible for reimbursement after certain phases of the project have been completed, provided the funds are available in the Sanitary Sewer Trust Fund. At this point in the project the developer is requesting reimbursement for the easement acquisition and engineering design work that has been completed. The balance of the fund is sufficient to provide reimbursement for this part of the project only. The funding for the remaining phases of the project will be dispersed as the Sanitary Sewer Trust Fund is replenished through the collection of wastewater acreage fees required by the platting ordinance. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales, Jr., P.E. Interim ACM of Development Services Attachments: Exhibit A Background Information Exhibit B Reimbursement Request for Phase One (1) and supporting documents Exhibit C Easement Acquisition Documents Exhibit D Ordinance Exhibit E City Council Minutes 3/31/09 (Zahn Rd. Lift Station and Force Main Reimbursement Agreement) -193- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Tortuga Dunes Subdivision requires the construction of Zahn Road Master Plan Lift Station and Force Main. The proposed Master Plan Lift Station will be constructed on Texas General Land Office property leased by the City of Corpus Christi, located east of State Highway 361, south of Zahn Road. The proposed 4 -inch and 6 -inch dual force main begin at the lift station and proceed west approximately 2,000 linear feet along Zahn Road, then southwest approximately 4,300 linear feet along State Highway 361, and then south approximately 2,076 along Park Road 22 and terminates at an existing manhole located on the west side of Park Road 22. The Zahn Road Master Plan Lift Station and Force Main are required by the City's Wastewater Collection System Master Plan, Whitecap WWTP Services Areas 7, 8, 9,10, 11, & 12, adopted November 14, 2006, by Ordinance No. 027078. The Developer will construct the Master Plan Lift Station per the adopted Wastewater Collection System Master Plan. The developer submitted a Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement and supporting documentation in compliance with provisions of the Platting Ordinance. This agreement was approved by City Council on March 31, 2009. The total installation cost submitted by the developer for the installation of the lift station and 6- inch and 4 -inch PVC force main is $2,457,890.25. Reimbursement may be invoiced on a monthly basis and is payable upon completion and acceptance of the lift station and force main work of each component with the actual reimbursement to be determined upon the availability of funds based on the actual construction costs and not to exceed $2,457,890.25. The Sanitary Sewer Trunk System Trust Fund does not currently have a balance sufficient to fund the entire project cost. The developer is currently seeking funds for the easement acquisition costs and engineering design work. Future requests for reimbursement will be dispersed when the Sanitary Sewer Trust Fund has a sufficient balance and City Council approves the appropriation of the funds. Exhibit A Page 1 of 1 -194- NaisrnithEngineeringinc EY &INEERILG a ENVIRONMENTAL d SURVEYING April 20, 2009 City of Corpus Christi 2406 ; ;_;paid Corpus Christi, Texas 78408 Re: OWNER ESTIMATE FOR PARTIAL PAYMENT #OI Zahn Road Lift Station and Force Main, Corpus Christi, Texas To Whom It May Concern: Enclosed is the Owners Estimate for Partial Payment #01 submitted by the Owner for the above referenced development. 'f his development is a City approved Reimbursable Lift Station and Force Main in accordance with Section V.B.6. f) (3) and V.B.6. f) (4) of the City of Corpus Christi Platting Ordinance. On March 31. 2009 the City Council approved the Zhan Road Lift Station and Force Main Reimbursement Agreement, which requires the city to reimburse the Owner for approved costs as noted within the agreement. This estimate is for work performed and/or material supplied as indicated on the attached Partial Payment. The authorized payment for this Partial Payment 001 is $432,503.00. Please process this Partial Payment in accordance with Reimbursement Agreement. Should you have any questions or require additional information, please contact Naismith Engineering, Inc. Sincerely, NAISMITI-I ENGINEERING, INC. Thomas Tiffin, E.I.T. Graduate Engineer End. - L4ftAR rt!};'TJJB) #N}- Egli/All. If:- mmisrwanm MAI ISinn a Pt MN-?da Exhibit B Pocd. , ' 78411 VA 800- 677 -2831 361 - 814 -99oo Fax 361 - 8144401 B naismit - enginserina Qm —195— finer Estimate for Partial Payment Naismith Eri ineeriri ism 9501 Go61M1a\ R00c Ys ceaya, 1x76911 361414.9900 °nv 361-6:4-+4u Titie: Zahn Road Lift Station & Force Main NEI#:7818 Date Award: Original Contract Amount: 'Fatal Change Order Amount: Adjusted Contract Amount: NE1 Engineer: N E I Contact: September 2. 2008 52,457.890.25 50.00 $2,457,890.25 Craig B. Thompson, P.E. Thomas Tiffin Estimate #: 1 For Pay Period Thru: April 6, 2009 Date Contract Commenced: Original Contract Days: Change in Contract Days: Adjusted Contract Days: Date: Inspected By: 240 -120 120 April 6, 2009 TBT April 6, 2009 Working Days Working Days Working Days Owner: Contact: Address: Phone: The Preserve at Mustang Island, L.L.C. Darlene Louk 600 Bee Cave Road, Ste 500 Austin. Texas 78746 (512)422 - 2209 Contractor: Contact: Address: Phone: Big State Excavation Gary Meurer PO Box 260297 Corpus Christi, Texas 78410 (361) 537 - 5013 OuNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: SFr Station 'T' \I Cn UFGr op'I IUti OI'dF ril v' CHIT ' QUANTITY (Tlill'i.:r11. CONTRACT UNIT rifler TOT%L enST Stabilized Construction Entrance &- Exit Reinforced Filter Fab] rt: Fence H_tt Bales Site -_leasing and St :Spine S Grading I h `taiion and Appurnn mce 1 4 -aterine Weil Poinnn e :Or Li!i Station and Appurtenances Installation Odor C ontrui i Gravirj. Sanitary Sewer X" t'nd Plue - ...... (i ravny.Sanitary Sorer Sanitary Set ribervla : M rho1e 5 Diameter 1'3 - 2 )epth i le to Public Sa itan Sewer Manhole e Stub )ut L catering Welt Pointing for sanitary Sewer Gray Me Installation r nch Saret' PVC Pressur. Pipe -. Dual V acne: SCI Ice Connection Connection .o Gsistins 8" 4Vater Pipe Crushed Limestone on Landscape! ahr:I Reinforced Concrete Pavement 5" 11 M AC Pavement Repnir for Street L t Cami CA er Gate with Card Reader Concrete ta x.. r Wail with i -ooting `SCADA RIU Panel for Two Pump Lift Station w'. Flow by Rabalais Instrument & Electrical Constructors 0. 110 70 '00 130 1 208 -menu- 7 i 11)7 of4 EA I:I LS AC i.S S LS 1,S LF LF kA 5 1.3 F LF LS 52_,00000 S.} 0i0 51.000.00 33.92000 -. 33,000.00 _. 5580,00f 00- S50,000.00'. 5140,000.00 5140.00. 5100.0(1 3160.00 320,000.001: $2,500.00 _ $1,000.00 $15.00- 520 00 $2.500.00- 52,500.00 S10.000 Ou 3! 1.00 _._. 5',75.00 532.000 00 5500 00 S35,000.00 50.t7t1 50.0111 $0.00 $0.0c 5000 50.00 30.00 50.00 30 00 50.00 30.00 30.06 S0.00 50.00 s0.01 50.0 50.00 S0.00 50.0Gj50.0 50.00 so 00 $0.06 T(ttc: Zahn Road Lift Station & Force Main Vs? n: 7818 Estimate #: 1 For Pay Period Thru: April 6, 2009 1 li,''ar ce :)fairs 11 HFL-r trr -,(1' 1::5!'T' ::rvrr QC SCI 1'r V' , -0 MIS :Tr COS 1'RACr ENrr PRICE 10T .U. Cntir �S0.0( R III ; hirer Fabric I -1.005 .(' 1.17'.0e I . - . Bale 1 ' I L (Force tai , I JS $'00,00, _.. -1 P .'r 1 \ C-900-1)1(.18 1 11psi I rec. ;\lain '•I ,,F $ IS00 -4 f ,Gt E - 15ripsi Fume Main Ll'o I, 1 'F5 -!)0 4 PVC \ti \v \1 907 Cla..,, -,. W5, ^_. i) i1A 5- 10000 •" 1 A ir Relea se 'V.. 'e 6;\ $4.00040) 1 ?I 6 PVC AVeiva 0900 -Ui1 f 5)pri For Main 7,124 LF S2I04 6 HOPE - 159psi 159p Fo cc .lain 1.400 1_1: 1,9 00 -._ i P;( 1;:\\'U( (.1u-'' iLiin%o- 11 1:'\ `- '0115,1 1 0 :Air R Ico,e \ It - L.\ 1 000 Cn IL ken, Li .1 I el ! .. _ 0Ineet.t.11 X1 ((10,00 0 jl I C'PE I )p, [ ".A, 1.400 I .1 S I 6.00 - 11)1'( - I Op 1 Pipe '0 1:300 LI 401'0 Id[IPI 1500,-j Pipe 0 1.400 LF £2 00 _ Pack :,d1 lei Rr L liil i S V"`00 000 (11i 1 P i 5,.1I L_pair Mr '1 L.; II L r -11 in r;v .' 55,01) 00'_ p i -4 reiree rda 5,❑ 66 Il $1:40.00. inn .- 1Id:ers ?7 EA $15"00 1 0 Ia le t ' , Anti-Flotation t1 Dcvici. 1 S $1,700.00- .._ _.: $800.00- l)etaatering' Well Pointing for Force Main I 0 6 $500,00' installation Easement Acquisition $0.0( $001. $0.00 .. $0.0 $00( .$0.0(' S0.0 $C0- .. - S0 50.04; SS-$$.6090E" $0.00 (..0( _ $0.0( $0.0( $0.0 $0.0 $0.0_. • .. $0.00 f' 0 $0.0Q ITEM NO. 1 1 UPSI R PrioN I _ ()CANTEEN UNIT QIANTrr" COMPLETE c-o rRACr1Mr PRICE TO rm. COST 1 ;, Texas General i and 'tIIc .iiSta!uw i LS I $!0..1-) 0ll1 ! - 'texas General r5, 04th Force 'Main i' cam i y 1 $175,050 r0 ).S i Lend, u1 L Force I LS 1 SI50.000 00 Il iscellaneous $105.050.41.'4 $125.050.0% $150.000Jidi ;l E)`. NO. _ 40 !Professional I DESCRIPTION QV ‘N[ yrs' uNrl- I REANTITI' COMPLETE CONTRACT UNIT PRICE TOTAL COST __I. 1 P t 1 ., is i 4 equirements I LSD Si0-O(10. Oft Services _ 50.0( I _ _ rrPN n DESCRIPTION Qr6;N I'IIY ONII. QUANTITY COMPLETE CONTRACT -0NIt PRiC F TQI'AI. COST I i ,j 5 i 5 • + .. ;( 7 e I Lr a_, m,o-, inn; t n 1 LS 0°;, S)25,000.781 Topographic ur.L) (1 / n,n,, n nI .,,n LS 0 "n $33.333.541 .i o n truction Administration 1 1.S 0% S16,666.771 - •1- >tm r In- , , au ! 1.5 {)16 $16.66P 771 Sr mil Wine' PQIIo ion PI -41.'. Akin Plan,. '':1 °I'5,. 1 c 10)0c'"n `0,7.500 (14 T aflic Contr l Man i i4M Lc 1011 "t. $5.000.001 I(. n[.S r _n [ leers Perrier i LA $8.000.40' l5, C f o I (; 011StrT ,ion C.-, r iii I F.A. - $4.000.00 f5,, P itS _ FA ' . $5,()0.04 -...;.11..103 _taut. .'t::yw„L1 Acinl_slratinn LS 100 " n $1I 0 ^.00 ROW Surveying. Parcel l>escriptions . -' ',tali; LS 100 0/6 $10.$01 'o Project Contingency 5° 0 0% $117.042.39 -.... $0.00i $0.0�! • $0.0 � $Ci.0 $7,500.0 $5.4UO.U0� t14,1100.111 1 $' ti inn ;M>'' - 11:;1 ;10 5I0 i, 0 n5, I 50.011 Pgt2of4 Title: Zahn Road Lift Station & Force Main NE: th 7818 Estimate #: For Pay Period Thru: April 6, 2009 E4. AMOUNT OF CHANCE ORDER ITEMS COMPLETEI) TO DATE: !TF.,:t Na I TOTALS DM MY I ION 91 ANTIT u NIT QUAN111 (70N MCUNI I' I minterd: rfte( r rmcost I ( iit• Dit„ I.{ . . _ _ .. . . — - Sub-Total IA +131 AMOUNT OF CHANCE ORDER ITEMS COMPLETED TO DATE: sosi SUMMARY OF WORK PERFORMED: !TF.,:t Na nEsratruoN TOTALS A Amount of Original Contract Items Completed to Date S432_503110 AMOUNT OF PAYMENT AUTHORIZED Amount of Change Order Items Completed to Date S0.00 Sub-Total IA +131 S432,503.00 D Less: Amount Retained (Agreemen( with Contractor) 0% MOO ±.. Materials Stored at Close of Period [seheduie Au:win:di $0.00 F Net Amount Earned on Contract to Date ic -1)÷ Ej 5432,503.00 G Total Payments Previously Authorized 50.00 El BALANCE DUE THIS PAYMENT IF - GI 5432,503.00 CONTRACT STATUS tc.o. ' OESCUIVIION 4 TiVI fun DAN g CM UWE,/ I morn AMOUNT OF PAYMENT AUTHORIZED • ;-■ —. Total Contract Days Charged Contract Days Remaining 0 120 Contract Total Authorized Balance $0.00 51,457,890.25 Prsi of 4 Title: ':et ?q}II ht. M1Z3 ad Lift Station ,'r Force tviaii Estimate #: 1 For Pay Period Thrut April c; carcz CA ION OF rte. iGEV ER: i certify lhat I have checked and verified the above and foregoing Estimate for Partial Payment, and that to the V. of my Imowletge and belief it is a the and Corr ct statement or work, performed and/or material supplied by the Contractor, and that pntial payment claimed and requested by tho Contractor is correctly computed on the basis of work performed and/or mao rial supplied to this data- v: ENGINt Late: 34//C/3' r APPROVAL FOR PAYMENT: This Estimate for Partial :Payment is approved for payment_ By: l/✓ e OWNER ! La >r / / /Dq Page 4014 —199— The e > reserve at Mustang Island, LLC 600 Bee Cave Road, Ste 500 Austin, Texas 78746 Attn: Darlene Louk Re: rho Prvscrve at Mustang Island - Lift Station Design January 29, 2009 Invoice No: 7818007 Project No: 7818 For Professional Services in connection with the reimburseable portion of the Master Planned Zahn Road Lift Station. The Fees are based uoon the approved Design Memorandum with the City. Services Contract Progress Complete Previous Amount Engineering Design Topographical Surveying Construction, Administration Storm Water Poll. Prey. Plan Traffic Control Plan COE Permit Beechf-ont Construction Permit TxDOT Permit Easement Acqui3ltion ROW Maps Scrd €ces Complete to Date Services Previously Billed Total amount of this Invoice $125,000.78 0% $0.00 50.00 50 00 $33,333.54 0% 5003 50.00 50.00 516,666.77 0% 50.00 50.00 $0.00 $16,666.77 0% $0.00 30.00 50 00 57.500.00 100% 57,500.00 50.00 57,500.00 55,000.00 100% 55,000.00 50.00 55,000.00 58,000.00 100% 38,000.00 30.00 38,000.00 $4,000.00 100% 34,000.00 30.00 54,000.00 56,000.00 100% 56,000.00 30.00 56,000.00 $11,403.00 100% 511,403.00 30.00 $11,403.00 510,500.00 100% 510,500.00 30.00 510,500.00 $52,403.00 50.00 $52,403.00 X.:‘7813 - ZAHN RD LIFT S T ATit1NIPAY ESTIMATEIReimburs ernent \Documenis101- 20090406120090129 Invoice 7018 -200- Do c# 2008055511 ORIGINAL STATE OF TEXAS COUNTY OF NUECES The State of Texas Austin, Texas MISCELLANEOUS EASEMENT No. ME20080114 KNOW ALL MEN BY THESE PRESENTS: This Miscellaneous Easement, ME20080114 (the "Agreement "), is granted by virtue of the authority granted in Section 51.291, et seq., TEX. NAT. RES. CODE ANN. (Vernon 2001), 31 TEX. ADMIN. CODE §13.11, et sea., and all other applicable statutes and rules, as the same may be amended from time to time, and is subject to all applicable regulations promulgated from time to time. ARTICLE I. PARTIES 1.01. In consideration of' the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf' of the Permanent School Fund, (the "STATE "), hereby grants to City of Corpus Christi, whose address is 2406 Leopard Street, Corpus Christi, TX 78408 -3720, phone number (361) 826 -3240, (the "Grantee "), a non- exclusive easement for the purposes identified in Article V. ARTICLE II. PREMISES 2.01. The easement is located across Permanent School Fund land in Nueces County, Texas, described as follows: Section 4, Part of Bryan William Survey #606, GLO File No. 153534 -4 and the easement is a right -of -way encumbering a total area of 0.369 acres of state -owned land, as constructed (the "Premises "). The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A, the Survey Plat attached hereto as Exhibit B -1, the Planting and Buffer Plan attached hereto as Exhibit 8-2, collectively incorporated by reference for all purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. 2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS ", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE 01? LIENS, ENCUMBRANCES AND /OR PRIOR RIGHTS. NOTICE 18 HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND /OR ENCUMBRANCE MAY BE 01? RECORD AND GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS MB20080114 fielder 1 —201— Exhibit C AVENUE, AUSTIN, TEXAS 78701 -1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED. ARTICLE III. TERM 3.01. This Agreement is for a period of perpetuity, beginning on August 1, 2008. This easement is perpetual unless amended or terminated as authorized by law or as set forth herein. ARTICLE IV. CONSIDERATION AND TAXES 4,01. A. As consideration ( "Consideration ") for the granting of this easement, Grantee agrees to pay the STATE (payable to the Commissioner of the General Land Office at Austin, Texas) the sum of One Hundred Five Thousand And 00 /100 Dollars ($105,000.00), due and payable upon the execution of this Agreement. 13. Past due Consideration and other past due payments shall bear interest from maturity at the rate of ten percent (10 %) per annum from the date when due until actually paid, as provided in TEX. NAT. RES. CODE ANN. (Vernon 2001), as amended from time to time. Failure of Grantee to make a payment on or before the date the same becomes due shall, at the STATE's option, make all payments due and payable immediately. 4.02. In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against the Premises or the Improvements constructed thereon, provided such taxes result from Grantee's use of this easement. Grantee shall pay such taxes, charges, and assessments not less than five (5) days prior to the date of delinquency thereof directly to the authority or official charged with the collection thereof. Grantee shall have the right in good faith at its sole cost and expense to contest any such taxes, charges, and assessments, and shall be obligated to pay the contested amount only if and when finally determined to be owed. 4.03. Grantee agrees to and shall protect and hold the STATE harmless from liability for any and all such taxes, charges, and assessments, together with any penalties and interest thereon, and from any sale or other proceeding to enforce payment thereof. ARTICLE V. USE OF THE PREMISES 5.01. Grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises for a right - of -way to construct, maintain, operate, inspect, and repair one (1) lift station, wet well, parking lot and associated structures (the "Improvements "). Grantee shall not use the Promises for any other purpose without first obtaining written consent of the STATE, which consent may be granted or withheld in the STATE's sole discretion. 5.02. A. The STATE and Grantee hereby acknowledge and agree that each shall have reciprocal rights of ingress and egress to and from the Premises across contiguous or adjacent Permanent School Fund land or land owned by Grantee, provided in the exercise of this right the STATE and Grantee agree not to unreasonably interfere with the other party's (or that party's agents, assignees, or designees) use of its property. Grantee shall have the right of ingress and egress for the purposes of constructing, maintaining, operating, inspecting, and repairing the Improvements and such right is not granted for any other purpose. Grantee and the STATE mutually agree to use contiguous or adjacent Permanent School Fund land or land owned by Grantee, respectively, only to the extent and for the length of time necessary to provide access to and from the Premises. Notwithstanding any other provisions to the contrary, no easement is created by this Section 5.02; instead, a license is granted to the parties and their respective officers, employees, agents and contractors for the limited purposes set forth herein. 13. Grantee acknowledges and agrees that the STATE's right of ingress and egress described in Section 5.02.A. of this Agreement shall be and remain in effect as long as the Improvements and any other structure placed on the Premises by Grantee remain on the Premises and /or as necessary for the STATE to confirm the removal (in ME20080114 jaolder 2 -202- me psf doc v.I.0 Do c# 2008055512 ORIGINAL STATE OF TEXAS COUNTY OF NUECES The State of Texas Austin, Texas MISCELLANEOUS EASEMENT (PIPELINES) ME20080115 KNOW ALL MEN BY THESE PRESENTS: This Miscellaneous Easement (the "Agreement "), ME20080115, is granted by virtue of the authority granted in Section 51.291, et seq., TEX. NAT. RES. CODE ANN. (Vernon 2001), 31 TEX. ADMIN. CODE §13.11, et seq., and all other applicable statutes and rules, as the same exist on the date hereof or as they may be amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE "), hereby grants to City of Corpus Christi, whose address is 2406 Leopard Street, Corpus Christi, TX 78408 -3720, phone number (361) 826 -3240, (the "Grantee "), a non - exclusive easement for the purposes identified in Article V. ARTICLE II, PREMISES 2.01. The easement is located aci Oss Permanent School Fund land in Nueces County, Texas, described as follows: Section 1, Part of the Old Corpus Christi Pass, GLO Control No. 02- 133298, GLO File No. 153534 -1 and Section 5, Part of the Belli Juan Jose Grant, GLO Control No. 04- 133301, GLO File No. 153534 -5 and the easement is a right -of -way 158 rods long and 10 feet wide, being 5 feet either side of a centerline formed by the improvements (as hereinafter defined), as constructed (the "Premises "). Notwithstanding the foregoing, during the period of initial construction not to exceed 120 days, the easement width shall be 100 feet wide, being 50 feet either side of the centerline instead of the easement width mentioned above. In addition, if repair and/ or replacement of the pipelines is necessary, for a period not to exceed 60 days, Grantee shall again be granted additional easement width which shall be 100 feet wide being 50 feet either side of the centerline. The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A and the Survey Plats and Legal Descriptions attached hereto as Exhibits B -1 through B -10, collectively incorporated by reference for descriptive purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and ME20080115 jaclder —203— me pipeline psf:doc v. 1.0 shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. 2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS ", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE 01? THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND /OR PRIOR RIGHTS. NOTICE 1S HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND /OR ENCUMBRANCE MAY BE OF RECORD, AND GRANTEE TAKES SUBJECT TO ANY SUCH PRIOR GRANT AND /OR ENCUMBRANCE, GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS 78701 1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY OR COUNTIES IN WHICH THE PREMISES ARE LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS EASEMENT. ARTICLE III. TERM 3.01. This Agreement is for a period of perpetuity, beginning on August 1, 2008. This easement is perpetual unless amended or terminated as authorized by law or as set forth herein. ARTICLE IV. CONSIDERATION AND TAXES 4.01. A. As consideration (Consideration) for the granting, or if applicable; renewal of this easement, Grantee agrees to pay the STATE (payable to the Commissioner of the General Land Office at Austin, Texas) the sum of One Hundred Twenty-Five Thousand And 00 /100 Dollars ($125,000.00), due and payable upon the execution of this Agreement. B. Past due Consideration and other past due payments shall bear interest from maturity at the rate of ten percent (10 %) per annum from the date when due until actually paid, as provided in Section 51.301 in TEX. NAT. RES. CODE ANN. (Vernon 2001). Failure of Grantee to make a payment on or before the date the same becomes due shall be deemed an act of default and, at the STATE's option, cause all payments to become due and payable immediately; provided, however, STATE shall give Grantee notice of such default and allow a period of thirty (30) days within which to cure the default before exercising such option to accelerate such payments. 4.02. In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against Grantee's interest in the Premises or on the Improvements constructed thereon. 4.03. Grantee agrees to and shall protect and hold the STATE harmless from liability for any and all such taxes, charges, and assessments, together with any penalties and interest thereon, and from any sale or other proceeding to enforce payment thereof. ARTICLE V. USE OF THE PREMISES 5.01. Grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises for a right - of -way to construct, maintain, operate, inspect, repair, change the size of, relocate, and replace one (1) 4 -inch force main pipeline and one (1) 6-inch force main pipeline for the purpose of transporting wastewater (the "Improvements "). Grantee shall not change (1) the operation of the pipeline in any material respect or (ii) the category of products therein, without STATE's written permission, such permission not to be unreasonably withheld. It shall not be unreasonable for STATE to withhold its consent for reasons that include, but are not limited to, Grantee's request for: a change in the category of products to be transported that is more "sour" (with reference to, hydrogen sulfide content), or that is more volatile, than the original product category to be transported as M1320080115 jfielder 2 —204— me pipeline psf.doc v. 1.0 ?(X4$ ORIGINAL Utility Easement STATE OFTEXAS § COUNTY OP NUECES § De err j t»l:)8052325 KNOW ALL BY THESE PRESENTS: That the undersigned; "GRANTOR" (whether one or more) of Texas, in consideration of One Hundred and Forty Six Thousand Two Hundred and Ninety Five Dollars end no cents.($146,295 00) and other good and valuable consideration, paid by The Preserve at Mustang Island, LLC, a Delaware Limited Liability Company, 1300 So. MoPac Expressway, Austin, Texas, 78746, ( "GRANTEE') the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and does hereby GRANT,. SELL, and CONVEY to Grantee, its successors, legal representatives and assigns, the free and uninterrupted use, liberty, privilege, and exclusive easement of going in, on, over, under, and along n certain tract of lend situated in Fleeces County, Texas (the `Premise's'), together with free ingress, egress, and regress within said easement by Grantee, its duly authorized agents, servants, and franchisees, to be used from time to time for the municipal purpose of constructing, laying, operating, inspecting. servicing, repairing, maintaining, replacing, keeping, and removing public utility lines on, over, under, and along the Premises described in Exhibit "A" attached hereto and adopted by this reference for all purposes. The location of the above - described utility easement is more particularly described by the plat identified as Exhibit "i3 "attached hereto and adopted by this reference. as a parr hereof for all purposes. The rights conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantor's heirs, executors, and assigns, the use and enjoyment of the Premises subject only to the dominant right of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to The Preserve at Mustang Island, LLC, its successors, legal representatives and assigns, for the above - described utility easement for the municipal purpose and uses herein above- described. 157885.5 1 —205— Signed this ,93111dayof Q""1''ilMf5 2008. Granto • 1p THE STATE OF X/9S § § COUNTY OF /Uf /S-C6s § This - instrument.was:acknowledged before me on 10-05. 2008, by PAcf ` Se H'EXN f3/ t it it Note Public, State of Texas ACCEistw for the Preserve at Mustang Island, LLC, a Delaware Limited Liability Company, on o 2008. Grantee The Preserve at Mustang Island, LLC c/o Foroatar(USA) )teal Estate Group, LLC 1300 So. Molac Expressway Austin, Texas 78746 LW- Darlene Louk, Vice President THE STATE OF TEXAS C OUNTY OF NUECES /�' J/ ei This instrument was . acknowledged before me on c9 4L Zy , 200ff by Darlene Louk, Vice President for The Preserve at Mustang Island, a Delaware Limited Liability Company, on behalf of said Company. f -7 aiaw.�,sm•.,:1 BRIAN O. BIDER !IV C`"MISSION EXPIUUES Notary Public, State of r- �.ws,xca? 107985.5 2 -206- Lie Cre ZiOrt3tinliP 3c',Fj ORIGINAL Temporary Construction Easement STATE OF TEXAS COUNTY OF NUECES § § KNOW ALL BY THESE PRESENTS: That the undersigned, "GRANTOR" (whether one or more) of Texas, in consideration of Three Thousand Seven Hundred and Five Dollars and no cents ($3;708.00) and other good and valuable consideration, paid by The Preserve at Mustang Island, LLC, .a Delaware Limited Liability Company, 1300 So. MoPac Expressway, Austin, Texas, 78746, ("GRANTEE") the receipt and sufficiency of which is hereby acknowledged, has GRANTED. and CONVEYED, and does hereby GRANTand CONVEY to Grantee, its successors; legal representatives and assigns, the free' and uninterrupted use, liberty, privilege, and exclusive - easement of _going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas (the Premises "), and being described as follows: The Premises described in Exhibit "A" attached hereto and adopted by this reference for all purposes. The loeation of the. above - described Temporary Construction Easement. are more particularly described by the plat identified as Exhibit "B" attached hereto and adopted by this reference as a part hereof for all purposes, This_.Tcmporary Construction Easement is to be used for working room and storage of materials and machinery during the construction phase of installation of utility lines in an 'adjacent 15' permanent easement granted by Grantor to Grantee of approximately even date. This Temporary Construction Easement automatically terminates upon conipletton and acceptance of the improvements of the Zahn Road Lift Station and Force Main project by the City Manager of the City of Corpus Christi. Special Provision: It is expressly understood and agreed that the Grantee will restore the premises to the same condition as existed prior to construction TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to The Preserve at Mustang Island, LLC, its successors, legal representatives and assigns, for the above - described Temporary Construction Easement for so long as used kw such purposes, and when said easement is abandoned, and then aforesaid rights and privilegts shall cease. 167686.6 1 —207— Signed Ibis 023 day of Or the r Gra or 2008. gCtrSV„,/I THE STATE OF COUNTY OF NA 6C E-S $ This instrument wUs' acknowledged before me on 10- 23 2008, by Nu` ShcEXNA 1SS514 ACCEPTED �ppf�oor the Preserve at Mustang Island, LLC, a Delaware Limited Liability Company, on OLT'1J\c 4 . . , 2008. Grantee The: Preserve at Mustang Island, LLC c/o Forestar(USA) Real Estate Oroup, LLC 1300 So. MoPac Expressway Austin, Texas 78746 THE STATE OF TEXAS COUNTY OF NUECES Petifialak- Darlene Look, Vice President 4 4 This instrument was acknowledged before me on CL'. 2 , 2001 by Darlene Look, Vice President for The Preserve at Mustang Island, a Delaware Limited Liability Company, on behalf of said Company. ` 7 167686.6 BRIO) C. HIIIEH MY COMMt3'::;n FY/IRE% NarcnS'tW3 2 -208- Page 1 of 2 AN ORDINANCE APPROPRIATING $432,503.00 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 540450 - 21800 -4220 TO PAY THE PRESERVE AT MUSTANG ISLAND, LLC, FOR PHASE ONE (1) OF THE CONSTRUCTION AND INSTALLATION OF A MASTER PLAN LIFT STATION WITH 8 -FOOT DIAMETER WET WELL, 8,376 LINEAR FEET OF A 4 -INCH AND 6 -INCH PVC DUAL FORCE MAIN, AND RELATED APPURTENANCES, LOCATED EAST OF STATE HIGHWAY 361, SOUTH OF ZAHN ROAD; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $432,503.00 is appropriated from the Sanitary Sewer Trunk System Trust Fund No. 540450 - 21800 -4220 to pay The Preserve at Mustang Island, LLC, for phase one (1) of the construction and installation of a Master Plan Lift Station with 8- foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of May, 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: May 18, 2009 i% By: R.,Jaay Reining First Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:LLEG -DIR \ Shared \LEGAL -DE V.SVCS12009 Agenda \ 5- 26 \ORD- Approp- PreserveatM ustang Island- MasterPlanLittStationPhase 1.doc —209— Page 2of2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\ 5- 26 \ ORD- Approp- PreservealMustanglsland- MasterPlanLiftStationPhase 1.doc _P10_ 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 Hummel) 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 Govemor'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, Hummel), Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 1.b. ORDINANCE NO. 026102 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, Hummel), Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. —2 1 1— Exhibit E 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 Pereles 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, Hummel!, 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 MU 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 underthe 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. -Z12- 17 CITY COUNCIL AGENDA MEMORANDUM May 26, 2009 AGENDA ITEM: Resolution of the City of Corpus Christi, Texas authorizing intervention in AEP Texas Central Company's and AEP Texas North Company's request for approval of an advanced metering system (AMS) deployment plan and request for AMS surcharges filed at the Public Utility Commission of Texas; approving cooperation with the Steering Committee of Cities served by AEP Texas Central Company and Steering Committee of Cities served by Texas North Company to review the application, and hire legal and consulting services. Issue: AEP Texas Central Company filed request with Public Utilities Commission for approval of advanced metering system and request for surcharges proposed as follows: $3.25 per month for the initial four year deployment period (2009- 2012), decreasing to $2.83 per month for seven additional years (2013- 2020). REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: Approval of the Resolution. Maryy Fi her, City Attorney -215- STAFF REPORT REGARDING AEP TEXAS CENTRAL COMPANY'S REQUEST FOR APPROVAL OF ADVANCED METERING SYSTEM (AMS) DEPLOYMENT PLAN AND FOR AMS SURCHARGES PURPOSE On April 20, 2009, AEP Texas Central Company and AEP Texas North Company (cumulatively "AEP" or "Company ") jointly filed an Application for Approval of its Deployment Plan and a Request for a Surcharge for an Advanced Metering System ( "Application "). The Public Utility Commission ( "Commission ") assigned the Application Docket No. 36928. AEP will provide full deployment of advanced meters to approximately 900,000 Texas Central Company customers over a four year period (2009- 2013). The overall cost of the plan is $474 million. The request made by AEP is twofold. First, the Company seeks approval of its deployment plan, meaning it seeks a ruling from the Commission that the meters it proposes to deploy meet all the functionality requirements embodied in the Commission's rule. Second, AEP is requesting approval of a two -step surcharge to allow the Company to recover the costs of deployment. The monthly surcharge for residential customers will be $3.25 per month for the initial four year deployment period (2009 - 2012). It will then decrease to $2.83 per month for seven additional years (2013 - 2020). All customers will pay the infrastructure surcharge whether or not they have received an advanced meter. A municipality has standing to intervene in cases before the PUC that relates to an electric utility providing service in the municipality. The resolution authorizes intervention in the PUC proceeding, participation with other members of the Steering Committee of Cities Served by AEP Texas Central Company ( "Steering Committee ") and the hiring of attorneys and consultants for the City's participation in the filing. —216— RESOLUTION NO. OF THE CITY OF CORPUS CHRISTI, TEXAS_ AUTHORIZING INTERVENTION IN AEP TEXAS CENTRAL COMPANY'S AND AEP TEXAS NORTH COMPANY'S REQUEST FOR APPROVAL OF AN ADVANCED METERING SYSTEM (AMS) DEPLOYMENT PLAN AND REQUEST FOR AMS SURCHARGES FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TEXAS CENTRAL COMPANY AND STEERING COMMITTEE OF CITIES SERVED BY TEXAS NORTH COMPANY TO REVIEW THE APPLICATION, HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS. WHEREAS, on or about April 20, 2009, AEP Texas Central Company and AEP Texas North Company ( "AEP" or "Company "), pursuant to PURA § 39.107 and P.U.C. SUBST. R. 25.130, filed with the Public Utility Commission of Texas an application for approval of deployment plan and request for surcharge for an Advanced Metering System ( "AMS ") within their service areas; and WHEREAS, the City of Corpus, Texas is a member of the Steering Committee of Cities Served by AEP Texas Central Company ( "Steering Committee ") and will cooperate with other similarly situated city members and other city participants located within the AEP's service area in conducting a review of the Company's application and to hire and direct legal counsel and consultants to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Steering Committee to review the application filed by AEP allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a twenty year history of participation in Public Utility Commission dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in AEP's service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA § 33.023 provides that costs incurred by the Steering .Committee in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the City will cooperate with the Steering Committee of' Cities Served by AEP Texas Central Company in PUC Docket No. 36928 to coordinate efforts to protect the interests of the City and protect the interests of AEP's end -use customers residing and conducting business within municipal limits. —2117— 2. Subject to the right to terminate employment at any time, the City hereby authorizes the hiring of Thomas Brocato and Geoffrey Gay of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and consultants to negotiate with the Company, make recommendations regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of the rate case filed with the Public Utility Commission of Texas. 3. That the Steering Committee's reasonable rate case expenses shall be reimbursed by AEP. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Thomas Brocato, General Counsel to the Steering Committee of Cities Served by AEP Texas Central Company, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. ATTEST: Armando Chapa, City Secretary Approved as to legal form: By `�.. ri Lisa Aguilar, .jistant City Attorney For the City Attorney r, aoa5 CITY OF CORPUS CHRISTI Joe Adame, Mayor -2$8- Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —219— 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 26, 2009 AGENDA ITEM: RESOLUTION NOMINATING OVERHEAD DOOR CORPORATION, HORTON AUTOMATICS DIVISION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR DESIGNATION AS A SINGLE RETAINED JOB ENTERPRISE PROJECT, UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ISSUE: Projects seeking designation as an Enterprise Project must obtain a nomination by the City Council to the Office of the Governor. Horton Automatics has requested the City of Corpus Christi consider nomination of the company as a Single Texas Enterprise project for job retention benefits. Horton Automatics estimates that over the next five years, they will make capital expenditures in excess of $5 million, but less than $150 million, in capital expenditures for new cranes, equipment and machinery which will allow the company to produce its products and services in a more cost effective manner. REQUIRED COUNCIL ACTION: Requires Council approval of the resolution. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution to nominate Horton Automatics as a Single Texas Enterprise Project, as presented. in, At Irma Caballero UUU Director of Economic Development Attachments Letter of Intent Corpus Christi Enterprise Zone Map Qualified Business Site and Census Tract Map -223- BACKGROUND INFORMATION Background Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Govemment Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Govemor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to four projects per biennium and communities with a population more than 250,000 to nominate up to six projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to six projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated three businesses for four designations this biennium. The business nominated and approved are Flint Hills —224— Resources, LP ( "triple jumbo "), Stripes LLC ( "single ") and Berry Contracting L.P ( "single "). The City has also passed a resolution which provides for the nomination of Valero and CITGO as each triple enterprise zone projects for the next biennium. These two nominations will complete the City's nominations of local businesses for the next two years, until September 1, 2011. Representative Ortiz has sponsored HB 271 which will expand the number of designations from 6 to 9 projects. This bill has passed the House and is in the Senate at this time. The City of Corpus Christi has nominated a number of projects including the Greyhound Racetrack, First Data Corporation, Coastal Refining and Marketing, CITGO Refining and Chemicals, Trinity Towers, L.P., APAC Corporation and Valero. To date, the designated enterprise zone projects have resulted in literally billions of dollars in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Horton Automatics Horton Automatics estimates that over the next five years, they will make capital expenditures in excess of $5 million, but less than $150 million, in capital expenditures for new cranes, equipment and machinery which will allow the company to produce its products and services in a more cost effective manner. This capital investment and its job retention represent the basis for this enterprise project nomination. —225— Page 1 of 3 RESOLUTION NOMINATING OVERHEAD DOOR CORPORATION, HORTON AUTOMATICS DIVISION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR DESIGNATION AS A SINGLE RETAINED JOB ENTERPRISE PROJECT, UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE WHEREAS, the City of Corpus Christi ( "City "), on October 14, 2003, passed Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same, on this date, as were outlined in Ordinance No. 025513; WHEREAS, the Office of the Governor Economic Development and Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") will consider Overhead Door Corporation, Horton Automatics Division ( "Horton Automatics ") as an enterprise project under a nomination and an application made by the City; WHEREAS, the City desires to create the proper economic and social environment in order to induce the investment of private resources in productive business enterprises within the City, and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, under Subchapter F of the Texas Enterprise Zone Act (Chapter 2303, Texas Government Code ("Act"]), Horton Automatics has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Horton Automatics, located at 4242 Baldwin Blvd., Corpus Christi, Texas, meets the criteria for designation as an enterprise project under Subchapter F of the Act on the following grounds: 1. Horton Automatics is a "qualified business," under Section 2303.402 of the Act, since it will be engaged in the active conduct of a trade or business, at a qualified business site located within the City's jurisdiction, is located inside of an enterprise zone, and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of Horton Automatics as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; Horton Automatics Enterprise Zone Nomination Resolution_- 2182009 Page 2 of 3 WHEREAS, the City finds that Horton Automatics meets the criteria for tax relief and other incentives adopted by the City and nominates Horton Automatics as a single retained job enterprise project on the grounds that it will be located at a qualified business site and will retain its existing level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Horton Automatics as a single retained job enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this resolution taken at the City Council meeting held on May 26, 2009, are approved and adopted. SECTION 2. That Horton Automatics is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as a single retained job enterprise project under Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on June 1, 2014. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: May 19, 2009 2 R. y F34ining" First Assistant City Attorney For City Attorney Joe Adame Mayor Horton Automatics Enterprise Zone Nomination Resolution= 2T121109.doc Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Horton Automatics Enterprise Zone Nomination Resolution - 212182009 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 26, 2009 AGENDA ITEM: Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. ISSUE: The City has three specialty corporations for which the City Council serves as the Board of Directors. These specialty corporations include the Corpus Christi Community Improvement Corporation (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three, the Corpus Christi Community Improvement Corporation is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership, as opposed to the other two for which the Council makes the appointments. The corporations are scheduled to meet today, and therefore it would be appropriate for the City Council to take action to appointment Council Members to the two boards (CCHFC and CCIDC). RECOMMENDATION: Appointment of Council Members to the Board membership of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. afflAiillein Armando Chapa City Secretary —231— 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 26, 2009 AGENDA ITEM: Ordinance renaming the park located at the area located at 300 Sandbar -South from "Corpus Christi Beach" Park to Dolphin Park. ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a renaming request from the Corpus Christi Beach Association for "Corpus Christi Beach" Park located at 300 Sandbar - South. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) voted at their February 11 2009 meeting to support this request and begin the 60 day process of due diligence research and public notification. As there was no legal reason found to restrict the name change, and no public objection received, PRAC voted at their May 13, 2009 meeting to recommend the City Council approve the requested renaming of "Corpus Christi Beach" Park to Dolphin Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of the "Corpus Christi Beach" Park to Dolphin Park be approved. Attachments: GOV Sally Ga , Director Parks a Recreation Department Copy - Request for Naming of Parks and Facilities Copy - Council Policy Information -235- BACKGROUND INFORMATION The "Corpus Christi Beach° Park is a 36 acre park located at the end of Timon Street at 300 Sandbar - South. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. Such requests have included the renaming of Gypsy Park as Don and Sandy Billish Park, in February 2002, the renaming of Meadowbrook Park to Dan Whitworth Park in December 2003, the renaming of Seagull Park to Ullberg Park on February 22, 2005, the renaming of Midway Park to Nancy Todd Garrett Memorial Park on June 28, 2005, and Southside Park was renamed Mike Zepeda Park on January 31, 2006. The Corpus Christi Beach Association is comprised of Corpus Christi Beach area residents, home owners, and business managers. They are active participants improving this area of our community as is evidenced by their three year project work in this park. Pictures are attached to illustrate recent improvements through their collaborative efforts with the City and Nueces County entities. At their February 11, 2009 meeting, PRAC voted to support the requested name change and began the 60 day process of due diligence research and public notification. Finding no legal reason to restrict the name change, and no public objection, PRAC voted to recommend this name change to Council at their May 13, 2009 meeting. The Parks & Recreation Department Staff join the PRAC citizen members in this recommendation. -236- REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) �} 2. Location NO 1114 MO') i i, OM (orpao ChViA &a /M r" 1 Pc(Ck 3. Suggested Name "Dolph in P? irk_ " 4. P ase describe why you feel this name to be appropriate. ee -Hit; atom oPQr trp1�ek1d as V340S d air 'ili (!0 rp&i ch .r sh / & f el'so Acui d V 1.S i fU113 4° 41kin pi v L erm ce.e c vto hW)i72Mi Iv( +ke ha . � CC aoin /xfibz)cthat, � p P Ld- ft bak, III -S1 ze. v(el vi Scul fauns h ad -i to 'f&c �l ftl apcl Y�� p V u b`�/ ILIMeeeSCo�c�ch 5. N me and dress of person a mg r uest. / Name eARkl e BE Address "I40j 6LuLRZ,RCCZE 6w1 , et jery 194c - Phone 3O1` 003 7arf S — 3fal 6. Do you represent an organization with respect to this request? q If 'yes', name organization CD (1014.5 (h1'16 i c /SO C)ctfiM) 7. Date of this request Net, si I d 6 FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice - Newspaper Notice to Appropriate Councilmember Public Notice - Neighborhood -237- COUNCIL POLICIES 6 Citizens shall not approach the City Coun- cil table except with permission or re- quest of the Mayor or the City Council. Citizens, Council Members, and City staff shall be prompt in all sessions of the City Council and in the dispatch of the City business. Time limitations imposed by the Mayor or the Council on presentations shall be strictly enforced. j. City Council, City staff, and all fellow citizens shall be courteous, polite, concise, and respectful of one another, and shall respect the letter and spirit of these rules so that the City Council may fairly hear all sides of an issue and by due delibera- tion act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or title with surname. k. All remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. 1. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the peti- tions part on non - agenda City - related mat- ters. However, such should be done in a factual, precise presentation and ques- tions of Council or staff are inappropriate. Loud, boisterous, profane, or obscene lan- guage or behavior is not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demonstra- tion, or other act disrupting to the City Council business. These rules are not meant to restrain a citizen's first amendment rights. (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 25507, § 3, 9 -30 -2003) 6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recre- ation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park -238- facility and upon recommendation of the Park and Recreation Advisory Commit- tee, the City Council may name the park or park facility as the donating party designates. B. Subdivision Dedication. Park land re- ceived through dedication under the City's Platting Ordinance shall be named by the Park and Recreation Advisory Commit- tee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be changed. However, under extreme circumstances the Park and Recreation Advisory Com- mittee will consider the request. The nam- ing of an unnamed new park or park facility is preferred and is recommended. The following definitive steps shall be taken regarding a proposed name change. (1) Persons, groups, or organizations de- siring the name change shall fill out a request for name change and sub- mit the proposal to the staff of the Park and Recreation Department for review and consultation with the re- questing entity. (2) Name change requests shall be sub- mitted to the Park and Recreation Advisory Committee. No action may be taken by the Board for a mini- mum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circula- tion giving notice of the proposed name change. (4) Written comments are to be submit- ted to the Park and Recreation Ad- visory Committee and interested in- dividuals are invited to come before the Board to address the issue. 6 CORPUS CHRISTI CODE (5) At the first meeting after the 60 -day waiting period, the Park and Recre- ation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future ac- tion or additional information. In the event the request is re- jected by the Board, the request- ing entity may appeal the re- ject to the City Council. (6) The Council shall consider the re- quest and either approve or reject the request. The Council, at its op- tion, can waive all provisions herein provided in commemorating or me- morializing an individual or act. If approved, the Park and Recreation Department shall arrange suitable renaming ceremonies. Costs associ- ated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contri- butions the person has made to the City, State, or Country. A facility or park may not be named after an individual cur- rently in public office or serving as an employee of a local governmental jurisdic- tion. A one -year waiting period after ter- mination from public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered un- less the rules of donation_ apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. (Res. No. 21901, § 1, 3 -22 -1994) 7. Naming of streets. a. The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. b. In any case, the City Council declines to rename any street: . 1) that is a currently "named" functional classified arterial through street as listed in the Code of Ordinances, Section 53- 250; 2) for a person not deceased; 3) that would create disruption or disconti- nuity to the name of a longer section street; or 4) that is reflected on the 1852 Plan of Cor- pus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. c. Not included in 7a or 7b is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clar- ification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e. g. F.M. )(xxx or CR. mac). (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 024619, § 1, 10 -4 -2001) 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. (Res. No. 21901, § 1, 3 -22 -1994) 9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living envi- ronment, decent housing and expanded economic opportunities, principally for persons of low and -239- Page 1 of 1 ORDINANCE RENAMING THE PARK LOCATED AT 300 SANDBAR -SOUTH FROM "CORPUS CHRISTI BEACH PARK" TO DOLPHIN PARK. WHEREAS, there is an approximately 36 acre park area located at end of Timon Street at 300 Sandbar -South at Corpus Christi Beach; WHEREAS, on December 28, 2008, the City received a request from the Corpus Christi Beach Association to rename this park to Dolphin Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their February 11, 2009 meeting at which time they voted to support the requested name change and began the 60 day process of public notification; WHEREAS, legal notice about the proposed name change was posted on March 23, 2009 and March 30, 2009; WHEREAS, the PRAC considered and recommended the Dolphin Park name change to City Council at their February 3, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 300 Sandbar — South at Corpus Christi Beach is hereby renamed Dolphin Park. H:\LEG- DIR\Lisa\2009 Ordinance \Ordinance renaming park at CC Beach to Dolphin Park.doc —240— Page 2 of 2 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: May 18, 2009 Assistant City Attorney For City Attorney Ht \LEG- DIR\Lisa\2009 Ordinance\Renaming CC Beac to Dolphin Park ORDINANCE final.doc —241— 21 CITY COUNCIL AGENDA MEMORANDUM May 26, 2009 A. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed use of $911,062 of Community Development Block Grant (CDBG) program funds as it relates to the American Recovery and Reinvestment Act of 2009 also known as CDBG -R. B. Council discussion and recommendations on a list of projects /activities to be funded. REQUIRED COUNCIL ACTION: Although a public hearing was held on April 21, 2009 to incorporate the funding allocation, this public hearing will allocate funding to each proposed project/activity. PREVIOUS COUNCIL ACTION: The City Council amended the FY2008 CAAP on April 21, 2009 (Resolution 028129) to incorporate the funding allocation only. No projects /activities were recommended to be funded. FUTURE COUNCIL ACTION: Acceptance and appropriation of CDBG -R program funds of the American Recovery and Reinvestment Act of 2009. FUNDING: $911,062 of CDBG -R funding from the American Recovery and Reinvestment Act of 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 parameters of the CDBG -R program and recommend projects /activities to be funded. After the public hearing is concluded, the City Council will recommend on a list of projects activities to be funded under the CDBG -R Daniel 'Gallegos Jr. Community Development Administrator program. ADDITIONAL SUPPORT MATERIAL Background Information X Attachment A X —245— BACKGROUND INFORMATION The U.S. Department of Housing and Urban Development (HUD) has allocated $1 billion through the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Public Law 111 -5) which was signed into law by President Obama on February 17, 2009. As such, the City of Corpus Christi has been notified by HUD of an allocation in the amount of $911,062 of CDBG -R program funding. On May 5, 2009, a notice of program requirements for the CDBG -R program was released. Funding available under the Recovery Act has clear purposes — to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. To this extent, HUD strongly urges grantees to use CDBG -R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. Recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 calendar days after February 17, 2009 (which in reality is June 17, 2009). This has created a huge challenge for entitlement cities across the Nation due to the fact that the notice of program requirements had a late release. For each activity, a written description of how the use of CDBG -R funds for the activity will maximize job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: • (A) Preserving and creating jobs and promoting economic recovery; • (B) Assisting those most impacted by the recession; (C) Providing investment needed to increase economic efficiency; • (D) Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; (E) Minimizing or avoiding reductions in essential services; or • (F) Fostering energy independence. For each activity, the following must be considered. • The number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction and temporary jobs). • A description of the activities that will be carried out with CDBG -R funds that promote energy conservation, smart growth, green building technologies, or reduced pollution emissions. —246— Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit. While grantees have the full range of CDBG eligible activities at their disposal for CDBG- R, Congress clearly intends that CDBG -R funds should primarily be invested in economic development, housing, infrastructure and other public facilities activities that will quickly spur further economic investment, increased energy efficiency, and job creation or retention. HUD has determined that the purpose language and overall intent of the Act, particularly regarding local fiscal stabilization, supersedes the requirement at 42 U.S.C. 5301(c) that CDBG funding not be used to substantially replace the amount of local financial support previously provided to community development activities. Section 1605 of the Recovery Act requires that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with funds under the Recovery Act must be produced in the United States, unless the Secretary finds that: the requirement is inconsistent with public interest; those goods are not reasonably available or produced in sufficient quantity in the U.S.; or the use of the goods will increase the project cost by more than 25 percent. Grantees must request a waiver of this provision if, in the process of carrying out an eligible activity, one of these conditions arises. If the Secretary determines that it is necessary to waive this requirement, he must publish in the Federal Register a detailed written justification why the requirement was waived; therefore, all grantees are expected to adhere to these provisions. These requirements must be applied consistent with U.S. obligations under international agreements. To streamline compliance with the provision of Section 1605 in determining the project cost using American -made materials, grantees may want to consider acquiring two cost estimates with bids: one with only American -made materials and the other with any materials. HUD will presume that activities that meet the requirements and Congressional intent of the Recovery Act provide sufficient public benefit. Grantees are still encouraged to provide economic assistance at the lowest possible cost per job, or cost per low- and moderate - income beneficiary. Since there was a late release of CDBG -R program notice requirements and time is of essence due to HUD's imposed timeline, Staff recommends that City Council discuss and formulate a recommendation for specific projects /activities to be funded with CDBG -R program funds. Thereafter, Staff will submit to HUD a listing of CDBG -R projects /activities to be funded by the due date of June 5, 2009. Given the short time frame for the release of the CDBG -R program notice and the deadline to submit the projects /activities to HUD, Staff released a Request for Proposal with a very short one (1) week time frame to submit back to Community Development. Attachment A is a listing of those projects /activities submitted to Community Development for funding consideration. In accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to ensure that the use of CDBG -R funds is expedited. —247— ATTACHMENT CITY OF CORPUS CHRISTI COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY2009 CDBG - RECOVERY (R) FUNDING $911,062 !.t" �- s- x i 3wx"n'° -.� _,` �', .. a ... ii _ anj' Pz4 �r'J "z'..ti.,. ,...A4 i_ c d 1 CDBG- R Administration' This project will fund for staff salary support. Staff is responsible for administering the CDBG -R program funding which includes but not limited to monitoring subrecipients, providing technical assistance, conducting environmental assessments of funded projects /activities, enforcing Davis Bacon federal wage rate requirements relating to the construction of the projects and ensuring funded projects meet the stringent reporting requirements. 1 $68,329 $50,184 2 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place (NP) - Fire System Phase 11 Charlie's Place has recently completed phase I of the installation of a fire system in the new building. In compliance with the Fire Marshall, the fire system must be up to "code" in the client rooms prior to occupation. This step is nearly completed at a cost of $95,000. For phase II according to the Fire Marshall, we must now bring the remainder of the building from "operational" to "code ". The completion of phase 11 will insure that there are no interruptions to the provision of essential services to our clients as they access substance abuse treatment. The proposed project provides for Activity (A) preserving and creating jobs and promoting economic recovery as to those working on the proposed project and (E) minimizing or avoiding reductions in essential services as related to the services provided to nearly 2,000 low - income /homeless clients served each year. 2 $105,500 $105,500 3 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place (NP) - Flooring Charlie's Place is working to complete the renovatidn of our new building located at 5501 IH 37 @ McBride. As carpet cannot be sanitized and the worn places present a hazard to clients, it must now be removed and replaced. In order to insure the health and wellbeing of our clients, we will remove the old, worn out carpeting from the common areas and corridors of the facility and replace it with file in the common areas and epoxy floor finishing in the corridors. This will also provide for a more hygienic and safe environment. The proposed project provides for activity (A) preserving and creating jobs and promoting economic recovery as to those working on the proposed project and (E) minimizing or avoiding reductions in essential services as related to the services provided to nearly 2,000 low - income /homeless clients served each year. 3 $109,845 4 Coastal Bend Center for Independent Living (NP) Coastal Bend Center for Independent Living (CBCIL) proposes to use CDBG -R funds for hard development costs associated with infrastructure modemization to provide services to people with disabilities who are low or moderate income. CBCIL's physical property will be enhanced for usability and safety by consumers and employees who are people with disabilities, and will preserve or create jobs within the private sector to: 1. construct fencing and install automatic operated gates for entry and exit to the property; 2. repair and re -pave entry to the property parking lot; 3. strip the parking tot and front street entrance for accessible parking; 4. purchase and install storm gutters and hurricane shutters on the building; and 5. purchase and install an environmentally - friendly grounds irrigation system. These projects are estimated to preserve or create eleven (11) jobs within the construction- related industries, providing investment needed to increase economic efficiency. 4 $25,376 $25,378 —248— -249- cr d c 'S: "'�. "`} t r.s :. 3 aL $ 'T ` t : 3c §1 J :. f �., #e ;. c a Y 5 `'1�'tPP .: 3 xr t[ 3. i .*. {i9;,`v�� 5 Corpus Christi Housing Authority (Quasi Government) - Capital Fund Program Replacement of A/C equipment to promote energy efficiency to include replacement of a/c system to R- 410 -A, 14 Seer System. (condenser unit, furnace, programmable thermostat and filler base) 6 $221,500 6 CPL/BrightBiz - Direct Energy CPL Retail energy would like to propose a program to retrofit buildings to increase the energy efficiency of small non - profit companies that serve low to moderate- income families in response to Corpus Christi's HUD CDBG -R RFP. $900,000 $70,000 Nueces County MHMR (NP) - Fostering Energy Independence MHMR proposes to replace all of the old, uninsulated and leaking windows on the front of the Brownlee Square building with hurricane rated windows that meet the Energy Star guidelines. In combination with the energy efficient lighting that we have recently installed, the new windows will greatly reduce our energy consumption and expenses. We also propose to replace the old, inefficient air conditioning systems throughout the Administration building with new Energy Star systems (6 -14 seer units and 1 heat pump) The new efficient air - conditioning system will also allow us to reduce energy consumption and expenses. Agency Capital Contribution $2,000 11 $115,496 $75,000 8 Neighborhood Centers of Corpus Christi, Inc. (NP) - Marguerite Neighborhood Center Reconstruction Project Based on the awarding of this grant, NCCC will be ready to rebuild the Marguerite Neighborhood Center eliminating the proposed construction deducts, eliminating _ construction phases and making the facility more energy efficient than had originally been planned and within the necessary time table of this grant. Agency Capital Contribution $10,000 + Previous CDBG Funding 12 $150,000 $125,000 9 Economic Development Department - Renewal Community Certified Public Accountant (CPA) The Economic Development Department is seeking funding to continue the services of the Renewal Community Certified Public Accountant (CPA) The CPA for Renewal Community provides many essential services for the City of Corpus Christi as well as individuals within the community. Most importantly, the CPA services are aligned with the national objectives of the American Recovery and Reinvestment Act of 2009 (ARRA) by assisting those most impacted by the recession. As individuals and families continue to struggle through these difficult economic times. the Renewal Community CPA provides guidance and direction for development and redevelopment projects for areas identified by the Department of Housing and Urban Development as it pertains to funding opportunities, development timelines, cost savings, and energy efficient development priorities. 20 $20,000 10 Engineering Services - Southmoreland Addition Area Street Improvements Phases 3B and 4B Part 2 This project consists of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Southmoreland Addition Area Street improvements, Phase 3B & 4B, Part 2. This project will directly impact a low to moderate income area by investing in transportation, and infrastructure improvements as well as ADA accessibility. It will also improve the quality of life for the residents as well as improve the neighborhood, providing long -term economic benefits. Leveraged with $423,000 (Utilities Fund) + $185,000 (Previous CDBG) 22 $385,000 $360,000 -249- Westside Business Association (NP) - Moroles Fountain Installation Garcia Center Facility Improvements The requested FY 2009 CDBG -R funding will enable the Westside Business Association to install a Jesus Moroles sculptured fountain, obtained through a previous WBA grant and valued at approximately $75,000, at the Garcia Center. Additionally, the funds will also allow for the much needed expansion of the Garcia 11 Center parking lot to utilize a recently acquired property made possible through collaboration between the City of Corpus Christi, the Westside Business Association, and the South Texas Institute for the Arts. The project will stimulate growth in the local economy by creating jobs during the installation of the fountain and construction of the parking lot. Additionally, the work of an artist of Mr. Moroles' caliber will undoubtedly draw visitors from all over the world, bringing tourism dollars to our hotels, restaurants, and local shops for years to come. 25 $286,000 $100,000 CDBG -R Project Totals $2,318,719 $911,062 NP - Nonprofit • Up to 10% ($91,106) is permissible for CDBG -R administration -250- 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R (CDBG - R) RFP FULL APPLICATION Departmental Priority Activity Name: CDBG -R Administration Priority of _ Department: Neighborhood Services Authorized by ( int Daniel Gaile os Jr. Signature: J Title: CD Administrator Activity Description (see cover memo for guidance): Administration (ATTACH ADDITIONAL PAGES IF NEEDED) This project will fund for staff salary support. Staff is responsible for administering the CDBG -R program funding which includes but not limited to monitoring subrecipients, providing technical assistance, conducting environmental assessments of funded projects /activities, enforcing Davis Bacon federal wage rate requirements relating to the construction of the projects and ensuring funded projects meet the stringent reporting requirements. To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount Plannin . /Des • in Construction /Installation Inspection Services Parts Labor Other (Explain) $68,329 $68,329 Total $68,329 Activity Timetable Months 1-6 Months 7 -12 Months 13 -18 Months 19 -24 Months 25 -30 (Modify dates as applicable) Design Assessment Activity Expenditure Deadline September 30, 2012 Construction/ Installation Implementation —95 CDBG -R Budgeted 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R CDBG - R RFP FULL ePLICATION Priority _ of Activity Name: Fire System Phase II Department: Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Authorized by (print name): Larry Churn, LSW, LCDC Signature: Title: Executive Director Activity Description see cover memo for guidance): Charlie's Place has recently completed phase I of the installation of a fire system in our new building. Incompliance with the Fire Marshall, the fire system must be up to "code" in the client rooms prior to occupation. This step is nearly completed at a cost of $95,000. For phase II according to the Fire Marshall, we must now bring the remainder of the building from "operational" to "code". The completion of phase II will insure that there are no interruptions to the provision of essential services to our clients as they access substance abuse treatment. The proposed project provides for activity (A) preserving and creating jobs and promoting economic recovery as to those working on the proposed project and (E) minimizing or avoiding reductions in essential services as related to the services provided to nearly 2,000 low - income/homeless clients served each ear. To Be Completed By Staff: Eligible Category. National Ob'ective: Funding Requirements Plannin• Desi•n Construction/Installation Parts Labor Total 0 95,000 Existing Activity Funds (if applicable) 0 0 0 Total Funding Amount 0 0 10 500 105,500 0 0 95,000 0 0 0 0 0 0 0 10,500 105,500 Activity Timetable Months 1-6 Months 7 -12 Months 13 -18 Months 19 -24 Months 25-30 Mod' dates as a licable Desi • n Assessment Construction/ Installation Im • lementation -252- Activity Expenditure Deadline September 30, 2012 N SWQ, VVITIIyIVI.I I 1 vlaI—ry v,r... rw�. .... ... .... . Activity Name: Flooring Department: Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Authorized by (print name): Larry Churn, LSW, LCDC Signature: Place Departmental Priority Priority of Title: Executive Director Activity Description (see cover memo for guidance): Charlie's Place is working to complete the renovation of our new building located at 5501 IH 37 © McBride. As carpet cannot be sanitized and the worn places present a hazard to clients, it must now be removed and replaced. In order to insure the health and wellbeing of our clients, we will remove the old, worn out carpeting from the common areas and corridors of the facility and replace it with tile in the common areas and epoxy floor finishing in the corridors. This will also provide for a more hygienic and safe environment. The proposed project provides for activity (A) preserving and creating jobs and promoting economic recovery as to those working on the proposed project and (E) minimizing or avoiding reductions in essential services as related to the services provided to nearly 2,000 low- income /homeless clients served each year. To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount rr . Planning /Design 0 0 0 ; r £�.' ; �� p a;; Construction/Installation 98,950 0 98,950 3 Ins•ection Services 0 Parts 0 0 Labor 0 0 I< .k I r. . s Other (Explain) 10,895 0 10,895 A t c. ; Total 109,645 0 109,845::;x. ep =a° Activity Timetable (Modify dates as applicable) Months 1-6 Months 7 -12 Months 13 -18 Months 19 -24 Months 25 -30 Activity Expenditure Deadline September 30, 2012 Design May Assessment May Construction / Installation June Implementation NA 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R (CDBG - R) RFP FULL APPLICATION Departmental Priority Priority of Activity Name: Department: Authorized by 4 Signature: Title: Coastal Bend Center for Independent Living DUNS No. 021510578 rant name): Telge EXeCLtiVe Di Activity Description (see cover memo for guidance): (ATTACH ADDITIONAL PAGES IF NEEDED) SEE ATTACHED PAGE To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG-R Budgeted Existing Activity Funds (if applicable) 4-'4V:be t't 4 s*-7.Vi 4P1 Total Funding Amount Planning/Desgin Construction/Installation Inspection Services Parts 8,500.45 8,500.4 Labor Administration Other (Explain) Total 14,577.55 2,300.00 4t. , 1,41$7.--• • to.±A 14,577.5 2,300.00 $25,378.00 $25,378.0 Activity Timetable. Months 1-6 Months 7-12 Months 13-18 Months 19-24 Months 25-30 (Modify dates as applicable) Design 1 mo . Assessment 1 mo. Construction/ Installation Implementation 3 mo. 1 mo. Activity Expenditure Deadline September 30, 2012 —254-004 Attachment CBCIL proposes to use CDBG -R funds for hard development costs associated with infrastructure modernization to provide services to people with disabilities who are low or moderate income. CBCIL's physical property will be enhanced for usability and safety by consumers and employees who are people with disabilities, and will preserve or create jobs within the private sector to: 1. construct fencing and install automatic operated gates for entry and exit to the property; 2. repair and re -pave entry to the property parking lot; 3. stipe the parking lot and front street entrance for accessible parking; 4. purchase and install storm gutters and hurricane shutters on the building; and 5. purchase and install an environmentally - friendly grounds irrigation system. These projects are estimated to preserve or create eleven (11) jobs within the construction- related industries, providing investment needed to increase economic efficiency. —255— (105 - R (CDBG - R) RFP FULL APPLICATION 9 Activity Name: _Corpus Christi Department: _Capital Fund Program Authorized by • . err Signature: r, 74. Housing Authority / Construction ;;1Vard J. Franco Departmental Priority Priority of _ _ /. Title: Chief Exec ive Officer Activity Description (see cover memo for guidance): (ATTACH ADDITIONAL PAGES IF NEEDED) Replacement of A/C equipment to promote energy efficiency to include replacement of a/c system to R- 410 -A, 14 Seer System. (condenser unit, furnace, programmable thermostat and filler base) To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount Planning /Desgin 700 h A Aa jL serflQ,nf Construction /Installation 212,800 Inspection Services 5000 ct x s ` Parts ,�ir.r ;.�t�� �--; Labor Other Ad / Clerical 3000 221,500 0 B G tY. ; . 1 . „•, �:, - Total Activity Timetable (Modify dates as applicable) Months 1-6 Months 7 -12 Months 13 -18 Months 19 -24 Months 25-30 Activity Expenditure Deadline September 30, 2012 Design / Advertisement 6 -14 -09 & 6 -21 -09 Assessment / Pre -bid X 0694/09 ).5- Construction Start Date 08/01/09 Implementation / Completion 12/31/09 20% Activity Expenditure Deadline September 30, 2012 Activity Description (see cover memo for guidance): CPL Retail Energy would like to propose a program to retrofit buildings to increase the energy efficiency of small non - profit companies that serve low to moderate- income families in response to Corpus Christi's HUD CDBG -R RFP. (PLEASE SEE ATTACHED PROGRAM DESCRIPTION) 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R CDBG - R RFP FULL APPLICATION Departmental Priority Activity Name: _CPL BrightBiz Priority ____ of Department: Community Development Authorized by (print name): Sam Davis Signature: Title: Director of New Product Develo•ment, Direct Ener• To Be Completed By Staff: Eligible Category: National Ob'ective: Funding Requirements Plannin• Desi•n Con struction /Installation • Ins•ection Services Parts CDBG -R Budgeted $90,000 $180,000 $90,000 Existing Activity Funds (if applicable) Total Funding Amount Labor Other Ex lain Total $180,000 $360,000 $900,000 Activity Timetable Months 1-6 Months 7 -12 Months 13 -18 Months 19-24 Months 25 -30 Mod' dates as applicable) 100% Construction/ Installation 15% 10% 5% 30% 30% 30% 25% 30% 25% 25% 30% 25% -257-- WENDI.AND A lfe211.R0 '.IaYI Corpus Christi Community Development Block Grant Program (CDBG) Proposal Overview CPL Retail Energy would like to propose a program to make energy efficiency improvements to facilities of small non - profit companies that serve low to moderate- income families in response to Corpus Christi's HUD CDBG -R RFP. We have the resources to initiate work under this project very quickly. Specific program parameters can be modified depending on the funding awarded. We will coordinate with the City Office of Community Development to identify the businesses and retrofit technologies that will be included in the program, and to market this program to targeted businesses, such as child care centers and senior centers. These will be offered a building assessment or energy audit and a report of the applicable improvements being offered. Visits will then be scheduled, improvements installed and the work inspected and results reported to the City. Following the installation, the employees of the participating businesses will be trained to understand the benefits of the project, how to maintain improvements, and be encouraged adoption of similar efficiencies in their homes. This proposal will meet the requirements of the RFP by: • Preserving and creating new local jobs to deliver these retrofit services; • Lowering overhead costs through energy efficiency to empower local nonprofits to better serve those most impacted by the recession; • Providing the most cost - efficient services at no cost to the small business or property owner; • Coordinating the delivery of these services to maximize the economic efficiency of the program and minimize business interruptions; • Providing long -term economic benefits of energy savings as well as benefits of increased comfort to both the employees of these businesses and those served by them; • Reducing energy consumption through energy efficiency, reducing our energy dependence, and reducing the emissions that are generated; • Providing energy efficiency education to the employees of the participating businesses, while encouraging them to make similar changes to their homes. Introduction For more than seventy-five years, CPL Retail Energy and its predecessors have proudly served the families and businesses of this community. We believe in building and maintaining strong connections with the people and communities we serve. As your energy partner, we are committed to bringing you reliable, economical, and customer - focused service. As your neighbor, we are dedicated to seeing our South Texas communities thrive. Wet CPL Retail Energy is the incumbent Retail Electric Provider in your area, providing electricity and energy services to 400,000 customers in South Texas from Corpus Christi to Victoria. CPL's parent company Direct Energy serves over 5 million customers throughout the US and Canada and is the third largest competitive electric provider in Texas, employing 1,500 Texans. http: / /www.cplretailenergy.com Our Newest Program — CPL BrightHome CPL Retail Energy, in partnership with the local utility, American Electric Power (AEP), will be launching a new residential efficiency retrofit program in Corpus Christi this month that provides an ideal foundation upon which CPL and the City can build. Over the next year, the CPL BrightHome Program is funded to provide residents from diverse economic levels with the following products and services: Customer education regarding energy conservation, > An onsite home energy audit, > Installation of weatherization measures, and ➢ Installation of a programmable thermostat with load management capabilities. These services will be provided by CPL and Wendland Air Conditioning & Heating, a subsidiary of Direct Energy and Corpus Christi's largest efficiency services provider, employing 20 local professionals. http: / /www.wendlandairheat.com Activity Description CPL Retail Energy requests this funding from Corpus Christi's CDBG to offer energy saving services to small businesses in Corpus Christi, focusing on the very businesses that provide services to the low income citizens and seniors of the community (e.g., child care and senior centers). These businesses are truly the hard —to -reach customer for energy efficiency measures because they often lack the capital to install the upgrades, despite the fact that these measures pay for themselves in savings. We suggest the program name of'BrightBiz" to tap into the marketing and name recognition of our homes program. The proposed services would include energy audits and the installation of cost- effective weatherization upgrades or measures. These measures have been shown to provide energy cost savings to the customer that is greater than the cost of the measures themselves. Each measure installed will provide the business with overhead savings for many years beyond the funding of this program. Depending on the level of CDBG funding provided or potentially combined with other funding sources, the weatherization services might include: • Weather stripping • Caulking • Efficient lighting upgrades • Water heater blankets • Insulation • Ceiling fans • Solar screens • Tree planting • Appliance replacement and recycling —2597 n n n • Duct sealing • Heating and Air Conditioning Energy efficiency education for participating business' employees is another integral part of the program. The BrightBiz staff will use the opportunity to explain to the employees why certain upgrades are being installed, how to maintain or operate their facilities to assure continuing savings, as well as what savings can be expected, and the social and environmental benefits of energy conservation. We will also provide information for the employees, to show them how to save money and consume less energy at home. We feel that this is an efficient way to touch exponentially more people and allow efficiency to be fully embraced by the community. Benefits This program will significantly increase energy efficiency and reduce energy costs and consumption for local businesses. Lowering their operating expenses will empower them financially and ensure that they continue to operate, protecting local jobs and dedicating a larger percent of their resources to serving the community. The program will enable businesses to "lead by example," raising employees' awareness of energy efficient practices at work, as well as how they can implement similar measures or practices at home. In addition to increasing the efficiency and job retention at participating local businesses, the program funding could be expected to create 9 permanent full -time jobs with world -class benefits, in the areas of HVAC, energy services and administrative support. Related Experience The City of Houston and CenterPoint Energy teamed together to develop their Residential Energy Efficiency Program (REEP), which has weatherized more than 5,500 homes in Houston since early in 2006. Direct Energy has participated in this program since its inception, providing the majority of these services to the participating homes in Houston. REEP offers home weatherization at no cost to residents. This program's results show that homeowners received dramatically reduced electricity bills after their homes were weatherized by the REEP. On average, electricity usage was reduced by 12% each month. During the summer when electricity bills are higher, homeowners witnessed greater reductions of up to 20 %. A recent video available on YouTube presents an overview of this program: Iilte://www.voutube.commatch?v=sutVVtadatbM CPL Retail Energy thanks you for your consideration and looks forward to the opportunity to discuss the benefits of our proposed program with you in greater detail. Sincerely, Sam Davis Director of New Product Development Direct Energy Sam.davis@a,directenerev.com (713)870 -8966 —2650 2009 COMMUNITY DEVELOPmtN t bLUl" UIU PI r - IN r�uoa - ^r "' . Departmental Priority Priority of Activity Name: F Fostering energy independence _ Department: Nueces County MHMR Authorized by (print name): Diane Signature: M (dill owrance GLUM U v Title: Executive Director Activity Description (see cover memo for guidance): MHMR proposes to replace all of the old, uninsulated and leaking windows on the front of the Brownlee Sq. Building with hurricane rated windows that meet the ENERGY STAR® guidelines ($62,860). In combination with the energy efficient lighting that we have recently installed, the new windows will greatly reduce our energy consumption and expenses. We also propose to replace the old, inefficient air conditioning systems throughout the Administration building with new Energy Star systems (6 -14 seer units and 1 heat pump $43,500). The new efficient air conditioning system will also allow us to reduce energy consumption and expenses. MHMR will provide $2,000 in matching funds for this proposal. To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount /Desgin 0 0 0 Planning Construction /Installation 106,360 2,000 0 Window replacement: front of Brownlee Sq. Building / AC system replacement: Admin. Inspection Services 0 0 0 Parts 0 0 0 0 0 0 Labor Other 11,136 0 0 Architectural fees 10% + $500 advertising fees (Explain) 117,496 2,000 115,496 Total Activity Timetable (Modify dates as applicable) Months 1 -6 Months 7 -12 Months 13 -16 Months 19 -24 Months 25 -30 Activity Expenditure Deadline September 30, 2012 Design May Assessment May Construction / Installation June- August NA Implementation -2011 Construction/ Installation Design Total Activity Name: Marguerite Neighborhood Center Reconstruction Proiect Department: Neighborhood Centers of Corpus Ch. Inc. (NCCC) Authorized by (print name): Signature: Title: Director Rudy Sosa Date: May 18, 2009 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R CDBG - R) RFP FULL APPLICATION Departmental Priority Priority 1 of 8 Activity Description (see cover memo for guidance): Based on the awarding of this grant, NCCC will be ready to rebuild the Marguerite Neighborhood Center eliminating the proposed construction deducts, eliminating construction phases and making the facility more energy efficient than had originally been planned and within the necessary time table of this grant. (SEE ATTACHMENTS) To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds if a licable Total Funding Amount Planning /Design Construction /Installation Inspection Services 8,000 140,000 Parts Labor 2,000 20 000 128,000 2,000 28,000 268,000 4,000 Other (Explain) Activity Timetable (Modify dates as applicable) Assessment Months 1-6 Completed Implementation Completed Months 7 -12 300 000 Months 13-18 Months 19 -24 Months 25-30 75% 25% 100% Activity Expenditure Deadline September 30, 2012 012 —262— NEIGHBORHOOD CENTERS of Corpus Christi, Inc. 614 Horne Road Corpus Christi, TX.. 78416 _ _ _ An Agency of the United Way of the Coastal Bend _ Phone: (361) 853 -8881 Molina, Elgin Park, Marguerite and Gollihar Neighborhood Center Fax: (361) 853 -5111 Celebrating 82 Years of Neighbors Helping Neighbors Board of Director President John F. Mollema First Vice President Ted Gonzalez Second Vice President Matt Patterson Treasurer Fino Palacios Secretary Martha Trevifo Parliamentarian Grady Isensee Members Richard Alonzo Judge Robert Balderas Adrian Barrera E. V. DeLeon Cesar Flores Carole Grimm Felix Landin, Jr. Marcella Montagna Joel Mumphord Eliza Pena Leticia Rodriquez Andrew R. Sanchez Pete Torres Charles Tryon Ole Tryon Church Women United Executive Director Rudy Sosa 2009 COMMUNITY DEVELOPMENT BLOCK GRANT -R Funding Under the Recovery and Reinvestment Act of 2009 City of Corpus Christi, TX ATTACHMENTS 1. Description of project, expected accomplishments, and timetable In February 2003, Carl E. Crull, P.E., (prior City Engineer) Vice President of HDR Engineering, Inc. in a correspondence to Mary Francis Teniente, P.E., Design Engineer, Engineering Services for the City of Corpus Christi stated that "The estimated cost to reconstruct the impacted wing of the center is approximately $147,500 and the estimated cost of a new building is approximately $239,200." After a number of alternatives were studied and considered, all of which were prohibited for one reason or another, the Board of Directors of NCCC decided to request for more funds from CDBG. In PY 2005, NCCC requested for funds to reconstruct. It was awarded $110,000, at such time NCCC then had some $157,000 to rebuild, still short. Consequently numerous scale downs, deducts, streamlines, etc. were initiated, until now. This grant will restore the funding level request to enable NCCC to rebuild a child care center as before. This funding will facilitate a program building which will be more energy efficient, provide needed services to the residents, create jobs, provide child care services, and help the children prepare for their oncoming educational years. In FY 2002, Neighborhood Centers of Corpus Christi, (NCCC) requested and was awarded CDBG funds in the sum of $60,025. This entailed the rehabilitation and improvements of the Marguerite Neighborhood Center at 2020 Marguerite Street, in Census Tract 10. The total project cost for the improvements would have been approximately $70,000 with NCCC making a capital contribution of $10,000. 263 -C i3 2. Neighborhood Centers of Corpus Christi 2009 Community Development Block Grant —R The NCCC project was not initiated because shortly thereafter having received notification of the award; NCCC ascertained that plans to boost the quality of life in this community were being developed by other entities which included the City of Corpus Christi. We joined in the effort with the Antonio E. Garcia Arts Education Center, Texas A &M University System, West Side Business Association and the City of' Corpus Christi to enhance the characteristics of this area by collaborating to bring about a total rehabilitation project which surrounds the NCCC and the Antonio E. Garcia Education Center. The crafted Master Plan developed by the Gignac & Associates identified areas of improvements within the area in several phases. In addition, the City of Corpus Christi proposed to widen the street areas, install new and adequate drainage systems, curbs, gutters, and realign Marguerite Street. As a result, these street improvements affected and impacted the NCCC project by taking away property and building space which resulted in a lost of approximately 25% of its property and about 37% of its existing building space. To date the Center staff has completed Phase I of the project; planning, subsurface exploration, received recommendations of laboratory testing for foundation and pavement, drawn up the project's schematic design, design development, and construction documents; however, the actual construction of the project has not yet begun because of the collaborative endeavors of the City, the Art Center, the Texas A &M University of Corpus Christi, the West Side Business Association and Neighborhood Centers in an effort to enhance the quality of the neighborhood have been acting as a team to bring about a total rehabilitation program surrounding the Art Center. The Master Plan called for properties to be purchased and they have, streets to be widened, a new and improved drainage system would be installed, utility services to be upgraded, and a park like atmosphere around the existing Garcia Arts Education Center to be created with basketball goals, sitting areas, performance stands, benches, fountains, parking and walk -ways. Several renditions of the overall Master Plan have been developed; yet on the whole, the essential concept of revitalizing . the entire city block area as an arts and education center still prevails. In this massive undertaking Neighborhood Centers lost a portion of its playground area, its parking lot and part of its building. The master plan caused Neighborhood Centers to disrupt various services to some twenty five (25) children in childcare. The plan in its development has created some undue hardship to the parents and the children because Neighborhood Centers has had to relocate its childcare program. Rather than the total disruption of services, the collaborative group has agreed that a new center be constructed adjacent to the present facility which will be on the junction of Marguerite and 18" Streets, or on the southwest comer of the master plan. The City Council has agreed to change the scope of the 2002 CDBG allocation of the Marguerite Center Rehabilitation Project to "...design and construct a neighborhood center to be utilized by low and moderate income individuals and individuals with disabilities and will be completed in a two -phase project on real property owned by the Neighborhood Centers of Corpus Christi, Inc., at 2020 Marguerite Street ( "Improvements "). Phase I consists of the planning, design, architectural drawings, geo -tech cost, surveys analysis, professional services, and other preliminary costs necessary to the anticipated construction of the improvements. Phase II consists of the actual construction of the Improvements... 3. —264p 4 Neighborhood Centers of Corpus Christi 2009 Community Development Block Grant —R (1).The new construction will meet all City Codes, ADA compliances, childcare guidelines and norms. (2).The facility will have a slab on grade foundation. (3) Build -up construction will be of wood or metal framing. (4) Exterior will be of a system called Hardi Plank or another similar concrete type siding. (5) Roofing will be of asphalt shingles. (6) Insulated glass windows will be installed. (7) Fluorescent lighting. (8) Asphalt parking lot (9) Landscaping will be required to meet city code. (10) The total square feet of the new Marguerite Neighborhood Center will be 3,270 sq. ft. of air conditioned space with 215 sq. ft. of exterior porches. (11) Fencing around the building and playground to insure the safety and security of the children. (12) The new building will promote a positive impact in the vitalization of this neighborhood and the master project. (13) All construction is intended to meet a portion of the community's need for childcare. This was the original intent of new construction for the Marguerite Child Care Center; now instead it has had to be scaled down to approximately 2,000 sq. ft. and construct a metal building. It has been reconfigured; but, still designed to complement the Art Center neighboring the Marguerite Center. This award would reduce the number of construction deducts and would enhance the esthetics of the building, the community and increase the energy efficiency. A paint coating of' a special insulation paint (Ice Stucco) applied to the interior walls would also increase energy efficiency; it is claimed that such paint gives an R19 rating and along with the conventional wall insulation the ratio could be as much a R38. With the present funding there would be many deducts: interior walls, interior painting, flooring, ceiling, landscaping, curbs, parking and sidewalks. The Board was proposing that a shell building be constructed with the present funds and phase in the other parts of completion whenever money would be raised. Since the inception of this project, the re- configurations of the master plan and the many hurdles the group has had to overcome, the cost of construction has escalated tremendously and NCCC has had to bear the burden and been forced to reduce footage, scale back, and consider many construction deducts. This funding would allow NCCC to go out for construction bids with the option of additives or deductions either of which would best benefit the restoration of the Marguerite Center back to pre - demolition status and functionality for the betterment of the community. EXPECTED ACCOMPLISHMENT The ongoing master project will continue to rehabilitate and revitalize this community's area. Neighborhood Centers wants to continue to be a partner in this worthwhile venture, but it needs to be restored to its original state of footage or closely therein. The new construction of the Marguerite Neighborhood Center will compliment the ongoing endeavors of the collaborative group. The community will be able to see a virtually unproductive area blossom into a development of wider streets with curbs and gutters with better drainage and educational and recreational facilities; part of this has already been accomplished. The community will also benefit of the planed park amenities and atmosphere. The total project calls for adequate parking spaces with proper lighting to provide participants the enjoyment of the newly created Arts Education Park Development. Neighborhood Centers will work closely with the ongoing project(s) to help harmonize the overall vision of the collaborative group. 4. —265 - n • r_ Neighborhood Centers of Corpus Christi 2009 Community Development Block Grant —R TIMETABLE • Funding released by City of Corpus Christi • Immediately — have all plans and specifications finalized and approved by City personnel • Advertise for bids on the project ,• Within a month after bids are opened and one is awarded - start construction. • Complete construction in 4 - 6 months IMPLEMENTATION The reconstruction project will be implemented in a five phase implementation plan. First, all plans and specification will be finalized and ready for city staff approval. Meet with City's Housing and Community Development staff as needed for orientation and direction. Second, advertise project for competitive bidding and afterwards award bid. Third, conduct pre - construction orientation meeting(s) with contractor, city staff, and Neighborhood Centers staff and volunteers, and finalize plans. Fourth, construct new facility. Fifth, prepare a check list and conduct final inspections. The awarded contractor, CDBG staff, Neighborhood Centers' architect, volunteers and/or staff will facilitate the implementation of the five phase operation of the project. The Agency's Executive Director will be the day to day implementation facilitator with the architect's input. A DETAILED DESCRIPTION OF EACH OF THE PROJECT COMPONENTS 1. New Construction will meet all City Codes, ADA compliances and childcare guidelines. The new scope to construct a new childcare facility without deducts with possible additives such as better energy efficiency factors will be by far more appealing and adequate to the needs of the children, the program and the collaborative group's master plan. The project will go along with the City's planned utility improvements and overall neighborhood revitalization plan. The new construction will meet the City Codes as required, comply with ADA regulations and will be constructed with childcare needs and requirements in mind. 2. The building will have a concrete slab on grade foundation. The new construction will be founded on a concrete slab meeting architectural and engineer's specifications. 3. Build -up construction will be of wood or metal framing. All new construction will be build of wood or metal framing as specified by the architect (See Attachment "G "). 4. Install Hardi Plank siding. Use Hardi Plank or another similar concrete type siding. This system is virtually maintenance free. The appearance of the facility will add a new visual perspective to the community. The new system is also a good insulation system which has been proven to lower both heating and cooling costs. This product is very durable and suitable to area's atmosphere. A metal building outlined by brick is now being considered, but now this alternative will be left out as an additive. 5. —266— Neighborhood Centers of Corpus Christi 2009 Community Development Block Grant —R 5. Roofing will be of asphalt shingles. The new construction will have a pitched roof covered with the required felt over the entire area and "Class A" Asphalt Fiberglass Shingles covering the roof. All air vents, galvanized metal and lead plumbing roof jacks will be installed to meet specifications as required. The new plan calls for a full metal building including the roof, all insulated as previously described. 6. Glass windows. Insulated glass windows will be installed; these windows will help reduce heating and cooling costs plus allow for outside light to filter in. 7. Lighting. Fluorescent lighting will be installed throughout the facility. This type of lighting is more conducive for the children's needs and reduces heating and cooling costs. 8. Parking. Construct an asphalt or concrete drive through and parking spaces which will allow the parents to come by and drop -off their children within the safety of the facility away from the city streets. Parking area will be marked to standard allowing for special needs parking. 9. Landscape. Landscape will meet city code, plus tie in to the overall curb appeal that is being developed throughout the Art Education Park Development. This component will compliment the overall design enhancing the appearance of the project as a whole. 10. Square Footage. The newly constructed Marguerite Neighborhood. Center will be 3,270 sq. ft. of air conditioned space with 215 sq. ft. of exterior porch area. The old facility had approximately 2,700 sq. ft. with two concrete slabs and a wooden deck used as all weather play areas. The proposed facility also has a covered porch of 225 sq. ft., if allowed by funding. 11. Fencing. Provide for a fence around the grounds and facility just like the previous facility to insure the safety and security of the children in care. The fence will be a 6 feet high chain link style fence with gates as required for proper evacuation. 12. A new building will promote a positive impact in the vitalization of this neighborhood and the area's master project. The Marguerite Neighborhood Center was located in the middle of a residential neighborhood; the surrounding residential units for the most part were blighted and deteriorating, still home for many. The existing streets were narrow offering no space for sidewalks or good vehicular traffic. The previous facility was adjoining the back side of Art Center on Agnes Street. The collaborative group has successfully accomplished the provision of better and wider streets with curbs and gutters, adequate parking and lighting both for the overall program participants and the area residents. The new Marguerite Child Care Center construction project will compliment the adjoining efforts of the collaborating agencies showing a cohesive force in the community. 6. -26ei! Neighborhood Centers of Corpus Christi 2009 Community Development Block Gault —R 13. All construction is intended to meet a portion of the community's need for child care. At this time there is a demand for quality low cost childcare in Corpus Christi. According to local Work Force Child Care Services (CCS).... "There are a large number of children/families in need of care in order to obtain work or training, to become self - sufficient and lessen the welfare roles. There are countless numbers of families who fall below the Federal Poverty Standards guideline and are not receiving welfare, who are in desperate need of childcare subsidies. There are numbers of children in desperate need of quality childcare services that fall through the crack each year due to the lack of funding." Neighborhood Centers of Corpus Christi through the Marguerite Neighborhood Center in a very positive manner provides an alternative to the parents whose children fall through the system. The Marguerite Center will provide quality childcare at a very affordable price. Fees are based on a sliding scale basis. The Marguerite Neighborhood Center, in a very significant manner for eighty two (82) years in this same community, has met the needs of the parents. The center's new construction project will create a positive impact not only in the lives of the participants, but it will also enhance the overall appearance of the community instilling pride on its neighbors. 2. Describe the need for the proposed activity, including nature and location of the problem, number and type of people affected ( for instance, special populations, single - parent families, low and very low income families, etc.) Description of the Need for Proposed Activity The Marguerite Neighborhood Center's reconstruction project will address several specific needs: (1) Enhance the overall revitalization of the neighborhood in accordance with the City's and the Garcia Arts Education Center Street Improvements Project. (2) The new site will be in compliance with childcare and ADA standards and guidelines. (3) The new center will continue to provide the employment opportunities for members of the community who are from low to very low income families. • The previous facility was constructed just after Hurricane Celia, its outer construction was of cedar siding which looked its age and did not comply with present City codes or ADA standards, nor did it meet current childcare norms. With the newly created Garcia Arts Education Center Area Street Improvements, the Master Plan calls for overall community revitalization in this particular city block. As depicted in the Plan, the project will produce a complete make -over which is long overdue in this area. The new construction will provide a facility that the community can be proud of. The overall project will instill pride within the community members, the clients, and the staff of the Art Center and the Marguerite Center. It will offer a sense of newness, community esteem, and security alike. The project as a whole will give a warm and inviting atmosphere to our clients and area residents as well. 7. —268— Neighborhood Centers of Corpus Christi 2009 Community Development Block Grant —R • The facility will be in compliance with ADA standards and guidelines. The Americans with Disabilities Act (ADA) creates standards and guidelines that must be followed by public facilities. In 2002 the Neighborhood Centers applied for CDBG funds to upgrade the Marguerite Center, but due to the re- development of the Master Plan there had to be a change of scope in the rehabilitation project. • The new Marguerite Neighborhood Center will continue to provide the employment opportunities for members of the community who are from low to vey low income families. Not only do we serve residents of census tract 10, but rather the entire community as a whole, still most if not all the families fall below the poverty guidelines as described by the Child Adult Care Food Program. Neighborhood Centers hires people from the community who are trainable, but not highly skilled in early childhood education. Employment requirements for caregiver positions need only a high school diploma or a GED and the stability to work with children. After hiring the caregivers, they are mentored by our staff and provided with extensive in -house and outside training. The training assists the employee to increase their professional development. Historically, the majority of the staff employed at Neighborhood Centers is from low to very low income families. When these caregivers are employed we are not only impacting unemployment in the community; we are also forming an alliance with the employee to enrich their professional development. In past years the Art Center and the Texas A &M University have provided the Marguerite Center under graduate students to assist in the preparation of four year old children to be ready for entering regular school. AFFIRMATIVE ACTION/NON- DISCRIMINATION POLICY As evidence by Article II of our Constitution, Revised and Adopted on November 10, 1993, Neighborhood Centers of Corpus Christi, Inc. continues to maintain a policy which prohibits discrimination on the basis of race, color, sex, age, religion, political beliefs, disability or national origin. 8. —269— 1q 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R CDBG - R RFP FULL APPLICATIOtt Activity Name: ga.wAL Cc AnwtUnl 14•w tLtcT Department: Ec-cwo tc tvolaervi Authorized by (print name): Signature: it. X. P rtz tout Pu 3. A(„Gf,,,•4.4i (t ?A) VOWS Kurt -. Title: Departmental Priority Priority i of I Activity Description (see cover memo for guidance): (ATTACH ADDITIONAL PAGES IF NEEDED) Se. A-ria,c4L +c To Be Completed By Staff: Eligible Category: fl5Si5 1"ierit:it 04.007 NationalOb'ective: ia:-akAsa Funding Requirements Plannin a /Des • in t •'tfAi.+to s- - t. 2Ci:arySlOnl� e.Ff CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount Construction /Installation Ins•ection Services Parts Labor 4 94,0430 Total Activity Timetabt Lit 38i ood Modi dates as ap • cable) Months 1-6 Months 7 -12 Months 13 -18 Months 19-24 Months 25-30 Desien Assessment Construction/ Installation Im • lementation Activity Expenditure Deadline September 30, 2012 ...Y n - .1, aa_ c_P4 .^oz Ds.,1D -..,4L 4.ow...n6•M•a1 fort 'risca `1 EA z. ?own a-c 10 Activity Description The Economic Development Department is seeking funding to continue the services of the Renewal Community Certified Public Accountant (CPA). The CPA for Renewal Community provides many essential services for the City of Corpus Christi as well as individuals within the community. Most importantly, the CPA services are aligned with the National objectives of the American Recovery and Reinvestment Act of 2009 (ARRA) by assisting those most impacted by the recession. As individuals and families continue to struggle through these difficult economic times, the Renewal Community CPA provides guidance and direction for development and redevelopment projects for areas identified by the Department of Housing and Urban Development as it pertains to funding opportunities, development timelines, cost savings, and energy efficient development priorities. Additionally, the continuation of the CPA position for Renewal Community will provide the investment needed to increase economic efficiency. Investing in the CPA provides the necessary accountability and responsibility needed to enhance Renewal Community objectives while simultaneously affording the City of Corpus Christi economic stability through guidance and direction for projects. While the funding requested will directly preserve at least one job, the CPA position, there is great potential for indirect preservation and job creation by this position. Through the guidance and direction of the CPA there is potential for the creation of hundreds of jobs in a Renewal Community Zone through home or commercial development/revitalization. Moreover, in accordance with the General requirements of the CDBG -R application, the funding for the renewal Community CPA position will minimize or avoid reductions in essential services that are inherent to community development. —2 7 1 — 2009 COMMUNITY DEVELOPMENT BLOCK GRANT - R (CDBG - R) RFP FULL APPLICATION Activity Name: Southmoreland Addition Area Street Imorovem nts Phases 3B and 4B. Part Departmental Priority Priority 1 of 1 2 Department: Enaineering Services oZZ Authorized by ( nt ame)• Pete Anaya. 5/) Of* Signature: Title: Director of Enaineerina Services. City of Corous Christi. Texas Activity Description (see cover memo for guidance): This project consists of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Southmoreland Addition Area Street Improvements , Phase 3B & 4B, Pad 2. This project will directly impact a low to moderate income area by investing In transportation, and infrastructure improvements as well as ADA accessibility. It will also improve the quaility of life for the residents as well as improve the neighborhood, providing long -term economic benefits. Attachment #1 - Budget Attachment #2 - Location Map To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds (if applicable) Total Funding Amount Planning /Desgin $185,000 $185,000 Construction /Installation $339,400 $337,500 $676,900 Inspection Services $11,900 $11,900 $23,800 Parts Labor Other (Engineering Services, Testing, Contract Admin, etc) $34,000 $72,900 $106,900 Total $385,300 $607,300 $992,600 Activity Timetable (Modify dates as applicable) June -July 2009 July 09 July - October 2009 October -09 Activity Expenditure Deadline September 30, 2012 Design Complete by July 2, 2009 Assessment July -09 Construction! Installation Complete by October 2009 Implementation October -09 —272— CITY OF CORPUS CHRISTI PROJECT: SOUTHMORELAND AREA STREET IMPROVEMENTS, PHASES 3B & 4B CITY PROJECT NO.: 6172 - PART 2 AMOUNT $ 807,600 A. PROJECT DESCRIPTION: Phases 3B and 4B of this project will upgrade the applicable portions of the existing Fannin, Lewis, Norton, Naples and Watson Streets to a curb and gutter section with underground storm drains and sidewalks. New water and wastewater lines will be instal B. OPINION OF PROBABLE COST SUMMARY: PART 2: Norton Street & Lewis Street between Norton & Watson 1. Construction Streets (CDBG) Utilities Total A. Street $ 308,500 $ 308,500 B. Street Lighting $ $ - C. Storm Water $ 102,800 $ 102,800 D. Wastewater $ 46,400 $ 46,400 E. Water $ 157,600 $ 157,600 2. Construction Contingencies (10%) $ 30,900 $ 30,700 $ 61,600 Construction Subtotal $ 339,400 $ 337,500 $ 676,900 3. Land Acquisition $ - $ - $ 4. Other Costs A. Design (8.0 %) $ 27,000 $ 27,000 B. Topographic Survey (3.5 %) $ 11,900 $ 11,900 C. Contract Administration (3.0%) $ 10,200 $ I0,200 $ 20,400 D. Engineering Services (3.594) $ 11,900 $ 11,900 $ 23,800 E. Construction Inspections (3.5 %) $ 1 1,900 $ 11,900 $ 23,800 F. Testing (Geotech & Quality) (2.0 %) $ 6,800 $ 6,800 $ 13,600 G. Bond Issuance (l.0%) $ 3,400 $ 3,400 $ 6,800 H. Misc. (Printing, Adv., Etc.) (0.5%) $ 1,700 $ 1,700 $ 3,400 Administrative Subtotal $ 45,900 $ 84,800 $ 130,700 PART 2 TOTAL $ 385,300 $ 422,300 $ 807,600 H: HOMEUamlaPy\ Gen \CO8G\Southmoreland\audget\Cost Estimate\2009 03 30 Const Cost Est by Part -273- Q z ti 0 /,su mm 11111111 IJ 0111111111111 a e■■ 0.0 as e' p as sa oA °° °° a° ea as °a= mamma= ISO as as as ae °e- °aelo °a v0�°° as as as o s s °° sa as aaf e ■■ n • - aa as aan e ea as rs... �. a r (IHWC/AtD'R sa as as ,o o a oa a,s� a ,_-11r as ° 0 0■ o 0_ 10 e Mil e H sa as 00 1S S IIIIIIIII 11 Iggg n n + Uwe:bug:in Ni g? LA, c` Uc� ' N W N O &1A (� U 4 oo O O a ELOPMENT BLOCK GRANT - R jCDBG - R) RFP FULL APPLICATION LUVS cjvIdMUNI 1 I tic V Activity Name: Department: Authorized by (print name): = 'G Moroles Fountain Installation & Garcia Center Facility Improvements Departmental Priority Priority of r r Biel 'uerre Signature: P esident, Westside Business Association Title: Activity Description (see cover rtmo for guidance): The requested FY2009 CDBG -R funding will enable the Westside Business Association to install a Jesus Moroles sculptured fountain, obtained through a previous WBA grant and valued at approximately $75,000, at the Garcia Center. Additionally, the funds will also allow for the much needed expansion of the Garcia Center parking lot to utilize a recently acquired property made possible through collaboration between the City of Corpus Christi, the Westside Business Association, and the South Texas Institute for the Arts. The project will stimulate growth in the local economy by creating jobs during the installation of the fountain and construction of the parking lot, Additionally. the work of an artist of Mr. Moroles' caliber will undoubtedly draw visitors from all over the world, bringing tourism dollars to our hotels, restaurants. and local shops for years to come. Fyrthermore, the population that the Garcia Center serves includes many of the very people that these CDBG -R funds were intended to help. Many local families rely on free Garcia Center programs to offer enriching activities for the entire family. By improving the facilities at the Center and introducing such an unparalleled piece of art, families in hardship can take pride in their first rate community center. (ADDITIONAL PAGES INCLUDING INFORMATION ON WBA HISTORY/PROJECTS, JESUS MOROLESAND THE GARCIA CENTER ARE ATTACHED) To Be Completed By Staff: Eligible Category: National Objective: Funding Requirements CDBG -R Budgeted Existing Activity Funds y (if applicable) Total Funding Amount �- / "- Planning/Design Completed ��� ; 2/ Demolition & Construction/Installation $212,500.00 $0,00 $212,500.00 yF ; NFL s -, /�' %i, Engineering Fees $31,000.00 $0:00 $31,000.00 � iryti.� \ ,'�� / /'i /- SE Contingencies _ $42,500.00 $0.00 $42,500.00 �`� Other (Explain) $0.00 r % , �� t''- OVA N + h \ 's::‘ ` , ... Total $286,000.00,; Activity Timetable (Modify dates as applicable) Months 1 -6 Months 7 -12 Months 13 -18 Months 19 -24 Months 25-30 Activity Expenditure Deadline September 30, 2012 Design Complete Assessment Jun -09 Construction/ Installation July-Sept 2009 implementation — 2 7 a- FY 2009 CDBG -R Grant Application Westside Business Association Mission Statement The Westside Business Association supports and promotes the economic, educational development and cultural history of the city with emphasis on the Westside. Proiect Background The Westside Business Association (WBA) is a not - for - profit business association that exists to promote member - businesses within the community and amongst ourselves; to provide networking, advertising, and learning opportunities to our members; and to give back to our community in business - related ways. The Westside Business Association is an organization dedicated to assisting local businesses in understanding and meeting the challenges associated with operating a business. It continuously strives to provide its members with vital support programs, cost and time saving products and services in the areas of Business, Lifestyle, Education, and Health. Additionally, the association takes its spirit of unity and cooperation, fundamental to the success of any business, in its approach to serve the community. Over the past three decades, the organization has served as an advocate for countless local businesses, organizations, and citizens of the Coastal Bend. During this time, the organization has had a considerable impact on the Corpus Christi we know today. In 1981, the WBA was instrumental in securing 9.8 million dollars from the State of Texas for a crossover to be built on Highway 44 to restore the flow of traffic through Agnes Street, thus preventing many local businesses from having to close their doors. The WBA has also taken measures to maintain the rich history of Nueces County and the City of Corpus Christi. The association established "La Plaza de Pineda" and erected a statue of Captain Alonso Alvarez de Pineda (1984), the Spanish Explorer who was credited with naming the Bay of Corpus Christi on June 24, 1519. In 1986, the organization named Falcon Park on Oso Creek and erected a stone monument and plaque at the site. Later in 1992, the WBA dedicated a statue in memory of Captain Blas Maria De La Garza Falcon, the first colonizer of Nueces County, on Shoreline Boulevard. In addition, the Association undertakes special programs, neighborhood improvement projects, and promotional events. Many of these events have become neighborhood traditions such as the Navidad de Los Ninos event which just celebrated its 25th Anniversary this past December. The WBA regularly sponsors students' travel to various educational opportunities, scholarships for students wishing to pursue their education through the Education is Our Freedom Scholarship program, uniforms and equipment for local Little League programs, and provides extensive support for its adopted elementary school, Mirabeau Lamar Elementary. The most recent contributions to Lamar Elementary include the purchase of an Accelerated Math Computer Program, funding to beautify the landscaping in the entrance of the school and supplying all students with shoes during Christmas time. A project that the Westside Business Association is particularly proud of is the Antonio E. Garcia Arts & Education Center. In 1991, the WBA secured a $500,000 grant to build the Center for Hispanic Arts, now called the Antonio E. Garcia Arts and Education Center. The Garcia Center connects TAMU -CC to the community by providing arts after school programs, art exhibits, meeting places for community organizations, cultural programs, and various educational programs. The Garcia Center, a city -owned and university- managed facility, is 1 —276— FY 2009 CDBG -R Grant Application Westside Business Association located at 2021 Agnes, a primarily low- income Hispanic neighborhood in the heart of Corpus Christi's West Side. With the help of TAMU -CC faculty, staff, and students, the Garcia Center provides a safe environment for children to participate in myriad after - school and summer programs. Through its affiliation with TAMU -CC College of Education, the Center has been able to leverage university resources to engage the community through its services as well as serve as a site for training and research. Current program focus areas include health and wellness education through the "FitnessFun" and diabetes prevention programs; art programming through after school art and various dance programs; and literacy instruction through the use of tutors /mentors as provided by the university's America Reads program. Another major area of programming involves counseling services. These programs include a leadership development program, academic counseling, conflict resolution, alcohol and drug prevention/intervention, and family counseling offered to at -risk or court referred teenagers and their families. The Center also hosts events that help less fortunate children/families in the community during Christmas and Thanksgiving, as well as providing scholarships for summer camps. Center programs for children and youth provide a safe environment and opportunities for developmentally appropriate, culturally relevant and academically enriching activities after - school and during the summer. Programs, such as those offered by the Garcia Center, expose children to possibilities beyond their current circumstances. Studies show that communities that offer these types of activities experience lower juvenile delinquency rates and lower teen pregnancy rates. Other potential benefits include the diversion from gang activities and substance abuse and support for and modeling of success and persistence in school leading ultimately to enrollment and graduation from higher education. The requested FY2009 CDBG -R funding will enable the Westside Business Association to install a sculptured fountain designed by Jesus Moroles through a previous WBA grant. The value of the fountain is approximately $75,000. Additionally, the funds will also allow for the much needed expansion of the Garcia Center parking lot to utilize a recently acquired property made possible through collaboration between the City of Corpus Christi, the Westside Business Association, and the South Texas Institute for the Arts. With the increase in programming during recent years, the center's need for additional parking can be seen on any given day. The proposed expansion of parking spaces would provide peace of mind for patrons attending center programs, by knowing that their vehicles are safe, but more importantly, also provide a safer environment for them and their families. Jesus Moroles, born in Corpus Christi, recently was awarded National Medal of Arts, the highest award given to artists and art patrons by the United States government, by President Bush on November 17, 2008. Mr. Moroles, who received his Bachelors of Fine Arts at North Texas State University in Denton, Texas, currently lives and works in Rockport, Texas. Jesus Moroles works only in granite, which he calls "the heart and core of the universe." Moroles "tears" granite in an elaborate process, creating works that evoke both ancient and modern civilizations. His fountains, large installations and abstract forms can be found in museums and permanent collections throughout the world. —27i- FY 2009 CDBG -R Grant Application Westside Business Association Mr. Moroles' granite sculptures are widely known and he has received numerous awards for his work. His work includes the "Floating Mesa Fountain," a 22 foot tall sculpture fountain he designed for the Albuquerque Museum in New Mexico, "Lapstrake," a 64 ton, 22 foot tall sculpture for the E.F. Hutton, CBS Plaza in New York City located across the street from the Museum of Modern Art, and the "Houston Police Officers Memorial," a 1991 site sculpture comprised of granite and an earthen stepped pyramid surrounded by four equal inverted stepped pyramids excavated from the ground, the sculpture spans 120 feet by 120 feet. Additional sculptures can be seen on www.moroles.com. This project will allow the WBA to partner with the City of Corpus Christi to expand a well - utilized public facility while continuing the tradition of providing cultural and historical sites for citizens to benefit from for generations to come. The project will stimulate growth in the local economy by creating jobs for the installation of the fountain and construction of the parking lot. Additionally, the work of an artist of Mr. Moroles' caliber will undoubtedly draw visitors from all over the world which will bring tourism dollars to our hotels, restaurants, local shops and shopping malls. Mr. Moroles' artwork, accomplishments, and continued resolve are sure to attract visitors for many years to come. The population that the Garcia Center serves includes many of the very people that these CDBG- R funds were intended to help. Many local families rely on Garcia Center programs to offer enriching after - school activities and summer camps for their children families- also- depend_on Garcia Center programs to help them get through tough times during the holiday season. By improving the facilities at the Center and introducing such an unparalleled piece of art, families in hardship can take pride in their first rate community center. The Westside Business Association looks forward to working with the City of Corpus Christi to make this project a reality. The local Hispanic culture is an integral part of the history and traditions of Corpus Christi and is very influential throughout the city adding a sense of pride and aesthetic value. Installing a piece of art by a world renowned artist, and winner of the National Medal of Arts, such as Jesus Moroles, will only draw more positive attention to this neighborhood and the City of Corpus Christi. -274— 22 City of Corpus we. Christi Legal Department Memorandum To: Mayor and City Council members f/ From: Mary Kay Fischer, City Attorney A jj 1 3 May 21, 2009 Subj: Ethics Ordinance — suspension and review by Ethics Commission Agenda item #21 has been placed on the agenda at the request of Mayor Joe Adame, in response to a verbal request by Jim Cramer at last weeks City Council meeting. It has been the historical practice of the Ethics Commission to review all proposed changes to the Ethics Ordinance prior to being considered by the City Council. The Ethics Commission was not given an opportunity to review and made recommendations to major changes to the Ethics Ordinance that was implemented by City Council action on Thursday, May 12, 2009. After lengthy discussion at the Ethics Commission meeting on Thursday, May 14, 2009, the Ethics Commission passed a motion authorizing Mr. Cramer to send a letter to Mayor Adame, seeking an agenda item to amend the Ethics Ordinance by suspending effective date of the Ethics Ordinance until the Ethics Commission presents its recommendations to City Council. The Ethics Commission is committed to expeditiously review the changes to the Ethics Ordinance and make recommendations to the City Council. Approval of agenda item #21 amends Ordinance No. 028170 regarding conflicts of interest to suspend the effective date until such time as the Ethics Commission presents its recommendations to City Council for their consideration. —281— James R. Cramer Chair, Ethics Commission May 14, 2009 Mayor -Elect Joe Adame To the Honorable Mayor -Elect Adame: It has been the historical practice of the Ethics Commission to review all proposed changes to the Ethics Ordinance prior to being considered by the City Council. As you may be aware, the Ethics Commission was not given an opportunity to review and make recommendations to a change to the Ethics Ordinance that was implemented by City Council action on Tuesday, May 12, 2009. After lengthy discussion, on Thursday, May 14, 2009, the Ethics Commission concluded that it has serious concems about the far - reaching negative impacts of this new Ethics Ordinance. By a unanimous vote, the Ethics Commission passed a motion authorizing me, the Chair of the Ethics Commission to send this letter to you, asking the City Council to take immediate action to amend the Ethics Ordinance by suspending the effective date of the Ethics Ordinance until the Ethics Commission can present its recommendations to City Council. The Ethics Commission is committed to taking expeditious action by meeting twice a month until our work is done. We anticipate that our recommendation can be completed by June 29, 2009. Respectfully submitted, 1 \ James R. Cramer Chair, Ethics Commission —282— 1 AN ORDINANCE AMENDING ORDINANCE NO. 028170 REGARDING CONFLICTS OF INTEREST TO SUSPEND THE EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, is has historically been the practice for the Ethics Commission to review and make recommendations for changes to the Ethics Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance No. 028170 regarding conflicts of interest which was approved on May 12, 2009 is hereby amended to suspend the effective date until such time as the Ethics Commission presents its recommendations to City Council for their consideration. 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 26th day of May, 2009. ATTEST: Armando Chapa, City Secretary Approved: May 22, 2009 By: Mary it 4 4 f Ge t / 1 Ka ischer, City Attorney ETHICS ORDINANCE SUSPENSION 05212009.DOC -283— THE CITY OF CORPUS CHRISTI Joe Adame, 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —284— 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 26, 2009 AGENDA ITEM: a. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation in an amount up to $8,500,000 for the . purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. b. Motion authorizing the appointment of Estrada Hinojosa & Company as Sole Underwriter; M. E. Allison as Financial Advisor; and Fulbright & Jaworski, LLP as Bond Counsel for the City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation, Series 2009. ISSUE: The City of Corpus Christi is planning on issuing up to $8,500,000 in City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation in June 2009 to fund costs associated with Holly Road street improvements; to fund four additive altemates to the Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1); and to fund the City's costs associated with the Rodd Field Public Improvement District. Prior to the issuance of the certificates of obligation, the City is required to publish notice of its intentions in a newspaper of general circulation in the City. Approval of the resolution would authorize the City to publish the Notice of Intent in the Corpus Christi Caller - Times. Additionally, the motion presented would authorize the appointment of the financing team engaged for the issuance of the certificates of obligation. PREVIOUS COUNCIL ACTION: • May 12, 2009 - Resolution expressing official intent to reimburse costs associated with Holly Road Street Improvements. • August 19, 2008 - Resolution expressing official intent to reimburse costs of Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1). • February 19, 2008 - Resolution expressing official intent to reimburse costs of Rodd Field Public Improvement District Infrastructure Improvements. FUTURE COUNCIL ACTION: • June 30, 2009 — Ordinance providing for the issuance of Combination Tax and Revenue Certificates of Obligation in an aggregate principal amount not to exceed $8,500,000; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the resolution and motion as presented. c.. P Constance P. Sanchez Interim Director of Financial Services Attachments: Background Information Financial Advisor Fee Schedule Bond Counsel Fee Schedule _ 2 8 7_ BACKGROUND INFORMATION The City of Corpus Christi is planning on issuing up to $8,500,000 in City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation in June 2009 to fund costs associated with Holly Road Street Improvements ($3,000,000); to fund four additive alternates to the Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) ($2,938,748); and to fund the City's costs associated with the Rodd Field Public Improvement District ($1,132,099). Additionally these certificates of obligation will fund the costs of issuance associated with this sale. It should be noted that the issuance of the certificates of obligation may be less than the $8,500,000 stated in the notice of intention but cannot exceed this amount. Also included with this agenda item are both financial advisory fees and bond counsel fees associated with the issuance of certificates of obligation. See attached. On August 28, 2008, seal coat was placed on six miles of a five -lane roadway on Holly Road from Rodd Field Road to Ayers Street in an effort to maintain the integrity of the pavement structure. Since that time, issues have arisen relating to the unraveling of the aggregate from the pavement and from the noise levels caused by the seal coat. The City is considering putting an overlay on Holly Road with type D Hot Mix Asphalt Concrete pavements (HMAC) as part of a mill and overlay project. As a result of this HMAC layer, the finished paved surface would provide a smooth ride quality and reduce the roadway noise levels while maintaining the existing pavement structure integrity. The estimated construction cost to overlay the six miles of Holly Road is $3,000,000. On November 2, 2004, the citizens of Corpus Christi approved an $11,684,000 bond election proposition for Bayfront Development Improvements (Phase 1). Subsequently on August 19, 2008, the City Council approved a construction contract in the amount of $14,622,748 for Phase 1 that included alternates 1, 2, 3, and 4 - that were additions to the original scope of work. These additives (totaling $2,938,748) were for additional shade structure and lighting, the addition of 8 Pergola bay units; the addition of 4 wind turbines, and additional brick pavers. Issuance of these certificates of obligation will fund these additional costs. On October 24, 2000, the City Council created the Rodd Field Public Improvement District (District) by approving Resolution 024261. Subsequently on September 23, 2003, the City Council approved Ordinance 025496 authorizing the establishment of the District and approving the filing of a preliminary assessment roll. At that time, the estimated cost of the improvements to the District was approximately $880,000, with $790,300 being identified as assessments to the property owners — to be paid back to the City. The project is in the final stages of completion, and the costs associated with the project are now $1,132,099. Issuance of these certificates of obligation will reimburse the City for costs associated with this project. To comprise the financing team, City staff is recommending Estrada Hinojosa & Company as the sole underwriter; M. E. Allison as financial advisor; and Fulbright & Jaworski, LLP as bond counsel. On June 30, 2009, approval of an ordinance will be requested providing for the issuance of the certificates of obligation; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. —288— INVt*TNt NT BANNtMM FINANCIAL ADVISORY FEE SCHEDULE filiniMILMEgiaggirangi And Not Mad= Maths S $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 NoLint $7,500 plus $2000 per 31,000 for all over $1$0,000 $9.500 plus 310.00 pa $1,000 is ell ova3250,000 .$10,500 plus StO0 per $1,000 trall ova 3350,000 $11,700 plus 37.00 per 31,000 for all over 3500 ,000 313,100 plus 36.00 per 31,000 for all ova 3700000 $14,900 plus $5.00 per S1,000Rr all over 31,000,000 $17,400 plus $3.00 per 31,000 for over 31,500,000 $27,900 plus 31.65 per $1,000 for Wove 35,000•00 $36,150 plus $1.00 per 31,000 torah over 510,000,000 $46,150 plat WAS per 31,000 for all over 320,000,000 14SV1�1(QC BONDS AND COMBINATION TAX AND REVENUE CIENTIinCATES OF . In rhoevent Ike Bonds to be issued us Revenue Bonds or Combination Ta and Revenue • Ce tlflades.of Obfpdoo, Rstadht5 or Lease Pores, rho tee shall be the amount computed. from to shove seleedelo plus 25%. -289- FULBRIGHT & JAWORSKI L.L.P. (Sae Antonio) Fee Schedule* Principal Amount of Obligations Obligations* (per 51,000 denomination) $0 - $10,000,000 $1.2500 $10,000,001 - $25,000,000 $1.1250 $25,000,001 - $50,000,000 $0.8750 $50,000,001 - $100,000,000 $0.7500 $100,000,001 - $200,000,000 $0.6250 Over $200,000,000 $0.5000 *This scale will be increased by 35% for the issuance of any refunding obligations and provides for a minimum fee of $15,000 for the issuance of any Obligations. *In addition, the City will authorize an amount not to exceed $5,000 to our Firm for additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly billing rates. *To the extent that our Firm is responsible for preparing the offering documents relating to the issuance of any Obligations, an additional fee of $7,500 will be charged. *This fee scale is not applicable if the Obligations are issued in a variable rate mode, are further secured with a liquidity facility, and/or involve the utilization of any derivative products, are issued by a non -profit corporation created by the City, or are issued in connection with an economic development financing,. including a TIRZ or other similar financing. *This fee schedule is applicable to the following types of Obligations: general obligation bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness. —290— EXPENSE/SERVICE Binding FULBRIGHT & JAWORSKI L.L.P. (San Antonio) Expenses and Services Summary** CHARGE N/A (Pricing varies in other office locations) Data Base Research Lexis, Westlaw, Information America Deliveries Overnight/Express Outside Courier In -House Courthouse Messengers Document Scanning Duplicating Photocopy Color photocopy Microfilm/Microfiche Videography (duplication) Electronic Mail (via Internet) Library Research by Library Staff Weekend & Late Evening Air Conditioning Postage Secretarial Overtime Facsimile (Outgoing) 80467497.4 Costs allocated by the Firm —291— Direct Cost Direct Cost N/A (Pricing varies in other office locations) $40.00/Hour plus Transportation (Pricing varies in other office locations) $.12 per page — Direct Cost $0.15 per page $0.85 per page $0.50 per page $5.00 /tape plus $20.00 /duplication No Charge $130.00 per hour N/A (Pricing varies in other office locations) Direct Cost on any item or group of items which cost $1.00 or more $28.00 per hour (Pricing varies in other office locations) $0.80 per page plus applicable LD charges EXPENSE/SERVICE FULBRIGHT & JAWORSKI L.L.P. (San Antonio) Expenses and Services Summary ** CHARGE Telephone Long Distance (Domestic) Long Distance (International) File Storage Retrieval Transportation Mileage (personal automobile) Lodging Meals Car Rental/Airline/Rail /Etc. CD -ROM Research Graphic Arts Practice Support E- Discovery Firm hosting of on -site document review performed by outside contract attomeys $0.30 per minute 80% of direct dial rate N/A (Pricing varies in other office locations) Applicable IRS allowable rate per mile Direct Cost Direct Cost Direct Cost $30.00 - $50.00 per Search (rate varies based on length of search) $120.00 - $150.00 per hour, plus direct cost of supplies $60.00 - $215.00 per hour Direct Cost $5.00 per hour ** These fees are capped at $1,500.00 per individual Matter. —292— RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION IN AN AMOUNT UP TO $8,500,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS TO HOLLY ROAD, BAYFRONT DEVELOPMENT IMPLEMENTATION PLAN PHASE 1 (SHORELINE REALIGNMENT PHASE 1), AND THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $8,500,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.065, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing street, curb, gutters, and sidewalk improvements (including utilities repair, replacement and relocation) and drainage incidental thereto relating to Holly Road and the Rodd Field Public Improvement District; (2) acquiring, purchasing, constructing, renovating, enlarging, and improving Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1); (3) purchasing materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (4) the payment of professional services related to the construction, design, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to 85058601.5 -293- comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of' the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $8,500,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing street, curb, gutters, and sidewalk improvements (including utilities repair, replacement and relocation) and drainage incidental thereto relating to Holly Road and the Rodd Field Public Improvement District; (2) acquiring, purchasing, constructing, renovating, enlarging, and improving Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1); (3) purchasing materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (4) the payment of professional services related to the construction, design, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive 85058601.5 -2- —294— weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. 85058601.5 [The remainder of this page intentionally left blank] -3- -295- PASSED AND APPROVED, this the 26th day of May, 2009. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary (CITY SEAL) APPROVED THIS •2` DAY OF •, 2009: Mary Kay Filcher, City Attorney 85058601.5 -4- -296- Mayor Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at 10:00 o'clock A.M., Corpus Christi, Texas time on June 30, 2009 and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $8,500,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing street, curb, gutters, and sidewalk improvements (including utilities repair, replacement and relocation) and drainage incidental thereto relating to Holly Road and the Rodd Field Public Improvement District; (2) acquiring, purchasing, constructing, renovating, enlarging, and improving Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1); (3) purchasing materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (4) the payment of professional services related to the construction, design, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.065, Section 363.135, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. 85058601.5 A -1 -297- /s/ Armando Chapa City Secretary, City of Corpus Christi, Texas Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —298— 24 CITY COUNCIL AGENDA MEMORANDUM Date: May 26, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to amend the FY2009 Consolidated Annual Action Plan by adding additional funding in the amount of $40,942 for the Community Development Block Grant Program and $178,635 for the HOME Investment Partnerships Program for approved projects. B. Motion authorizing the City Manager or his designee to reallocate $350,000 of FY2009 HOME program funding from the Costa Tarragona II project to the Major Rehabilitation ($150,000) and Model Block Program ($200,000) projects. ISSUE: Organizations who were awarded CDBG and HOME Program funds from the FY2009 Consolidated Annual Action Plan (CAAP) which need to be amended or reallocated must be approved by the City Council. REQUIRED COUNCIL ACTION: A) Resolution authorizing the City Manager or his designee to amend the FY2009 Consolidated Annual Action Plan by adding additional funding in the amount of $40,942 for the Community Development Block Grant Program and $178,635 for the HOME Investment Partnerships Program for approved projects, and B) Motion authorizing the City Manager or his designee to reallocate $350,000 of FY2009 HOME program funding from the Costa Tarragona II project to the Major Rehabilitation ($150,000) and Model Block Program ($200,000) projects. PREVIOUS COUNCIL ACTION: On April 21, 2009, the City Council passed a resolution (028129) adopting the FY2009 CAAP which included the CDBG, ESG and HOME programs. FUTURE COUNCIL ACTION: Acceptance of HUD funds for the FY2009 CAAP and subsequent appropriation of funds for the FY2009 CAAP Program. FUNDING: Adding an additional $40,942 to the CDBG program and $178,635 for the HOME program, and reallocating $350,000 of FY2009 HOME program funding. RECOMMENDATION: A) Authorize the City Manager or his designee to amend the FY2009 Consolidated Annual Action Plan by adding additional funding in the amount of $40,942 for the Community Development Block Grant Program and $178,635 for the HOME Investment Partnerships Program for approved projects, B) Authorize the City Manager or his designee to reallocate $350,000 of FY2009 HOME program funding from the Costa Tarragona II project to the Major Rehabilitation ($150,000) and Model Block Program ($200,000) projects. Daniel Gallegos Jr., Co unity Development Administrator ADDITIONAL SUPPORT MATERIAL Background Information X Attachment A X —301-- AGENDA MEMORANDUM BACKGROUND INFORMATION The FY2009 CAAP will describe the activities and projects to be assisted with funds received under the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), Emergency Shelter Grant (ESG) that help meet housing and community development objectives. The City of Corpus Christi is currently in citizen's comment period through June 2, 2009, on the proposed FY2009 CAAP. Comments received will be included and submitted to HUD. The FY2009 CAAP identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (federal, non federal, public and private) in support of those activities. The U.S. Department of Housing and Urban Development posted the formula grant allocations for the CDBG, ESG and HOME programs on May 4, 2009. The "official" allocation included $3,390,942 for the CDBG program; $1,782,635 for the HOME program; and, $149,354 for the ESG program. In addition, reprogram funds and program income will also be included in the total amount of funds available as noted in the Attachment A. There has been an increase in funding for the CDBG ($40,942) and HOME ($178,635) programs. A) Attachment A is a listing of FY2009 CDBG and HOME projects that were approved by City Council on April 21, 2009. Please review and make recommendations to increase funding to the CDBG and HOME programs only by the noted amounts. Staff was working with estimated allocations since the City of Corpus Christi had not received the official formula grant allocations for the CDBG and HOME programs. Staff is recommending funding projects that were only considered for funding in the FY2009 CAAP for the exception of the ESG program; all additional FY2009 CDBG funding was allocated to nonprofit organizations, and the majority of FY2009 HOME program funding was allocated to the Homebuyer Assistance Program. Anything different, e.g., funding a project not considered for funding in the original FY2009 CAAP, would in essence result in a "Substantial Amendment" which would require a public hearing and an additional 30 -day comment period. See the following page (Table 1 a,b) for the distribution of the additional FY2009 CDBG and HOME program funding. —302— Program /Project Name City Council Adopted Amount Funding Increment Increase Final Allocation (04/21/09) Increase CDBG /Charlie's Place $85,000 $9,778 $94,778 CDBG /Coastal Bend $100,000 $4,000 $104,000 Center for Independent $100,000 $200,000 $300,000 Living $160,400 $17,864 $178,264 CDBG /Mental Health $75,000 $27,164 $102,164 Mental Retardation Center of Nueces $252,300 $47,700 $300,000 County CDBG Total $260,000 $40,942 $300,942 Program /Project Name City Council Adopted Amount Funding Increment Increase Final Allocation (04/21/09) Increase HOME /Homebuyer $270,000 $113,071 $383,071 Assistance Program ($5,000) $100,000 $200,000 $300,000 HOME /Administration / $160,400 $17,864 $178,264 Technical Assistance $500,000 $350,000 $850,000 (10% Entitlement) HOME/TX LULAC West $252,300 $47,700 $300,000 Park Housing, L.P. HOME Total $682,700 $178,635 $861,335 B) The City of Corpus Christi was recently notified that the Costa Tarragona II project has been denied Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs. As a result, the $350,000 that was allocated to the Costa Tarragona 11 project from the FY2009 HOME program has been reallocated to the Major Rehabilitation and Model Block Program projects. See Table 2 below for the reallocation of HOME program funding. Program /Project Name City Council Adopted Amount Reallocation of Project Funding Final Allocation (04/21/09) Increase HOME/Major $400,000 $150,000 $550,000 Rehabilitation HOME /Model Block $100,000 $200,000 $300,000 Program HOME Total $500,000 $350,000 $850,000 Attachment A encompasses all noted increases and reallocation of project funding. The FY2009 CARP will be submitted to the HUD on or around June 12, 2009 for review and approval for the period August 1, 2009 thnigh July 31, 2010. Rev. 05/20/09 ATTACHMENT A CITY OF CORPUS CHRISTI FY2009 CONSOLIDATED ANNUAL ACTION PLAN FINAL ADOPTED FY2009 CDBG PROGRAM FY2009 CDBG Allocation $3,390,942 Reprogrammed Funds $122,747 Program Income from Demolition liens and Property Clearance $204,762 Program Income from Single Family Rehabilitation Loan Program (Revolving Fund) $600,000 TOTAL FUNDS AVAILABLE FOR FY2009 CDBG PROGRAM $4 318 451 tr 8 4M ''h -' S' � x�', �y �� ''^�'' �c ��,(2eF�,, __ �_ iA'-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,lndefinite 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 $300,000 $188,938 $188,938 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. 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 $472,823 $447,823 $447,823 Bacon federal wage rate requirements. -Clewaie 1/1 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 $200,000 $200,000 $200,000 Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred 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 $399,548 $350,000 $350,000 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. Cole's Gym This is project is to replace two of the existing AC units for the gymnasium located at $50,000 $50,000 $50,000 924 Winnebago. The existing units are past the life expectancy and new energy efficient units would lower over all operating cost. -304- -305- }t 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. $400,000 $200,000 $200,000 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. $1,320,000 $400,000 $400,000 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. $19,800 $19,800 $19,800 Health Department Increased Accessibility As these citizens approach the Health Department located at 1702 Horne 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. $20,900 $20,900 $20,900 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. $200,000 $100,000 $100,000 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 homeowner's 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. $60,000 $58,700 $58,700 -305- yfn ;by _. $622,000 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 $622,000 $622,000 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. 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 %). $20,000 $17,000 $17,000 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). $100,000 $100,000 $100,000 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). $1,004,900 $610,000 $610,000 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. $50,000 $36,348 $36,348 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, 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. $50,000 $50,000 $50,000 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. —SO 6- $25,000 $25,000 $25,000 Le & DESC Tjt�l�legGy h T' sr x�"""5 r� it t?, ii ' ' kv �'l �k' Requ s d E Ity �Y,� � • ,1 Finat. ' tt0�, c' 718 Coastal Bend Alcohol & Drug Rehabilitation Center d/b/al 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 $94,778 $65,000 Coastal Bend Center for Independent Living Construction of home modifications/wheelchair ramps will provide 40 people with , a ci wide ect. disabilities access to their homes and community, city-wide project. P 1 $104,000 $100,000 $ 000 `" r 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. $98,000 $75,000 $75,000 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 $100,000 $100,000 $100,000 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 $263,400 $175,000 $175,000 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. Agency Capital Contribution $5,000 $200,000 $75,000 $75,000 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 $123,000 $75,000 o p64 w- , 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 $46,000 $46,000 $46,000 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. $50,000 $50,000 $50,000 CDBG PROGRAM TOTAL" $6,414,149 $4,277,509 $4,318,451 $100,000 of the approved $400,000 funding is set aside for the Northside area of the City "The difference between City Council adopted amount & Staff /City Council Final Allocation is $40,942. -307- ADOPTED FY2009 HOME PROGRAM FY2009 HOME Allocation Program Income TOTAL FUNDS AVAILABLE FOR FY2009 HOME PROGRAM $1,782,635 $400,000 $2,182,635 .. 2�3`ry�`'`� *Y ,�piXg •kfia35 �e �T'�tY N F P +y Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $500,000 $270,000 Home Administration/Technical Assistance " Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, 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 program. May include administrative funds for direct operating support for the CHDO's. $160,400 $160,400 =e 4 ' *:. Major Rehabilitation ' Provide loans to low income homeowners to assist them with major rehabilitation of their homes. $700,000 $400,000 1 Model Block 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 renovation and redeveloment (infill housing); afffordable housing development and special needs housing. $300,000 g ; - ti v' $100,000._ e... 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 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. $110,000 $110,000 $110,000 Costa Tarragona II •'"' Costa Tarragona II will construct a 96 -unit development located on 6.9 +/- acres in Corpus Christi, TX which is located next to Costa Tarragona I at IH37 and 358. The proposed tax credit development will be 100% affordable serving families at or below 60% of AMI or less. $1,100,000 $350,000 Nueces County Mental Health Mental Retardation Center (NCMHMR) NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. $31,300 $31,300 $31,300 TX LULAC West Park Housing, L.P. This is a request for additional funding for a 124 -unit multi - family rehabilitation o tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AML $300,000 . . z x $252,300 , Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund - CHDO 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 $130,000 y� +Y py} TG 110, Inc. /Samuels Place Apartments - CHDO 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. $200,000 $200,000 $200,000 HOME PROGRAM TOTAL*" $3,591,700 $2,004,000 $2,182,635 ubrecipient'slOther Entities / CHDOs are contracted thru the CCCIC or the CCHFC **HOME administration (10 %) proportionately increases in allignment with the entitlement allocation "'The difference between City Council adopted amount & Staff /City Council Final Allocation is $178,635. "—Recently were notified Costa Tarragona II was denied Low Income Housing Tax Credits, funds were reallocated to other projects COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS ( CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($267,396) of the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and based on FY09 HOME allocation. -309- A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND THE FY2009 CONSOLIDATED ANNUAL. ACTION PLAN BY ADDING ADDITIONAL FUNDING IN THE AMOUNT OF $40,942 FOR THE COMMUNITY DEVELOPMENT BLOCK PROGRAM AND $178,635 FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAM FOR APPROVED PROJECTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to amend the FY2009- 2010 Consolidated Annual Action Plan by adding additional funding in the amount of $40,942 for the Community Development Block Grant (CDBG) Program and $178,635 for the HOME Investment Partnerships (HOME) Program for approved projects, as follows: Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place, $9,778 (CDBG); Coastal Bend Center for Independent Living, $4,000 (CDBG); Mental Health Mental Retardation Center of Nueces County, $27,164 (CDBG); Homebuyer Assistance Program, $113,071 (HOME); HOME Administration/Technical Assistance, $17,864 (HOME); and TX LULAC West Park Housing, L.P., $47,700 (HOME). ATTEST: Armando Chapa City Secretary APPROVED: May 18, 2009 Eliz- - th R. Hundley Ass : ant City Attorney for the City Attorney EHres233.doc —310— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of ,2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —311— 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposed FY 2009 -2010 Operating Budget: General Overview STAFF PRESENTER(S): Name Title /Position 1. Cindy O'Brien Interim ACM — Administrative Services 2. Oscar Martinez ACM — Public Works 3. Constance Sanchez Interim Director of Financial Services 4. Eddie Houlihan Assistant Director - Budget OUTSIDE PRESENTER(S): Name Department Title/Position Organization 1. none 2. ISSUE: The City Council must adopt the FY 2009 -2010 Operating Budget prior to the beginning of the new fiscal year — August 1, 2009. This is the first of eight budget presentations that will be made over the next two months. d •dam. Cindy O'Brie Intenm Assistant City Manager — Administrative Services —315— 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Department of Development Services progress update. STAFF PRESENTER(S): Name Title /Position Department Juan Perales, Jr. Interim ACM Development Svcs. OUTSIDE PRESENTER(S): Name Title /Position Organization None ISSUE: This staff presentation is a follow up to one given on March 24, 2009, and is intended to provide the City Council with an overview of the ongoing efforts to improve the department's processes, structure, and customer service levels. REQUESTED COUNCIL ACTION: None. PowerPoint presentation X Supplemental information -319- 6it.1/4. Juan Perales`, Jr., P.E. Interim Assistant City Manager Development Services L. 4U O L. (1) c a P Q 0 v� N a) a) 0 Q) 0 0 s_ eL c 7) 0 > 0 CU 0 ai N . _ 0 0 L. 0 m E -c O Lnn = i U N E o ro = E 0 0 can U 0 U . 2 CI X w a) U . i cn N E 0 > N 0 N ( E N o U = can . _ L. � = U a) a = fa 6 � Z cc a a) _ z U ca = • a--+ N . U c/) cn CD Z v)� o CD o?S O. 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U +' u_i U N •_, cc 0 c c O • O Ln U • •0_ N Q E D u- (/) CT Shorten turn around time Standardize Point of Contact N N U 0 a L 0 4- L O D ca tD c 6s ca E c O cn •N N •a N >- 4- I.1 - 4 • L ) ca U ca Further Improvements People /Staffing 0 4J c v E 4J co a w co 4J co 4- co 4J cn 0 4J tuD c • c ▪ co i 4J v D C c N N 0 > v Development 101 manua co w c co 4J c v E v tuD co c co 2 4J U N 0 d N 4J C 4J 0 co Q co U co 0 Q Assistance area > 0 i p O D * + is Q = -a CID Q CU W Continue update of Masterplans Refine /draft design criteria and standards c a) E a) 0 L 0 E L CID _0 0 C u CD I- Further web page enhancement ine permitting 0 lo ca 0 ca U a--+ c (1) E ca Q a) a) a '> . 1 0 o C O Q a U O °c . N 0 co te -1--) -+ co U a) X w Organizationa Performance Measurement chart for more O cu . c 0u E N 4J 0 E m 0 Performance Measurement N N 0 Q co U m E _� co O tau O c +-I 'v, t]A (en c 0 C O '� Q 4J 4J U w 2 O , Q + C • v E Q E Q ii-) - N 4J 4J E co bO 0 Q c 0 4J cB U D N c co U co w 4J D 0 N a C N a--+ - co � U E O U- Q CO m ❑ ❑ project types Expand project management to a 1) V c Q X W N O 27 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING DATE: Tuesday, May 26, 2009 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa calls roll Board of Directors Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Assistant Treasurer 3. Approval of the minutes March 31, 2009 4. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 5. Approval of the financial report 6. General Manager's Annual Report 7. Designation of Secretary to serve as Registered Agent 8. Public Comment 9. Adjournment —329— MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING March 31, 2009 1:36 p.m. PRESENT Board of Directors Bill Kelly, President Melody Cooper Henry Garrett Priscilla Leal Nelda Martinez ABSENT Larry Elizondo Mike Hummell Michael McCutchon John Marez Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Kelly called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Kelly called for the approval of the minutes of the January 20, 2009 meeting. Ms. Cooper made a motion to approve the minutes as presented, seconded by Ms. Leal, and passed. President Kelly opened discussion on Item 4, Motion authorizing the General Manager or his designee to make application to the U.S. Department of Housing and Urban Development for an Internal Revenue Code Section 115 waiver in order to pursue FHA- approved secondary loans for affordable housing programs and to execute all related documents. Daniel Gallegos, Community Developer Administrator stated that this is a follow up for previous City Council action regarding the Homebuyers Assistance Program and staff is recommending approval. 4. MOTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN INTERNAL REVENUE CODE SECTION 115 WAIVER IN ORDER TO PURSUE FHA - APPROVED SECONDARY LOANS FOR AFFORDABLE HOUSING PROGRAMS AND TO EXECUTE ALL RELATED DOCUMENTS. The foregoing resolution was passed and approved with the following vote: Kelly, Cooper, Garrett, Leal, and Martinez voting "Aye ". Elizondo, Rummell, McCutchon, and Marez were absent. Mr. Kelly called for public comment. There was none. There being no further business to come before the corporation, President Kelly adjourned the meeting at 1:39 p.m. on March 31, 2009. —330— Corpus Christi Housing Finance Corporation Balance Sheet April 30, 2009 Assets Current assets: Cash in bank $ 274,856 Investments 267,588 Total assets $ 542,444 Liabilities and Fund Balance Liabilities: Total liabilities Fund balance: Undesignated Total fund balance 542,444 542,444 Total liabilities and fund balance $ 542,444 -331- Corpus Christi Housing Finance Corporation Summary of Transactions For Nine Months Ended April 30, 2009 Fund balance at August 1, 2008 $ 403,295 Revenues: Interest 3,485 Application fees 1,500 Participation /Lender Fee 600 Refinancing Fee 120 Extention Fee 25 Developer Fee 148,731 Replacement fee 25 Issuance fee 2,625 Total revenues 157,111 Expenditures: Administrative costs 17,962 Total expenditures 17,962 Fund balance at April 30, 2009 $ 542,444 -332- Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: 'Angel R. Escobar, General Manager DATE: May 19, 2009 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on May 26, 2009 I am requesting that the annual meeting of the Corpus Christi Housing Finance Corporation (CCHFC) be held during the Council meeting of May 26, 2009, to consider the following: General Manager's Report: The Corpus Christi Housing Finance Corporation (CCHFC) has been active in providing mortgage assistance since 1980, which marked the establishment of state law allowing such corporations. In the early 1980's, the CCHFC issued approximately $150,000,000 in single family mortgage revenue bonds. Beginning in 1987, the CCHFC became a trailblazer in offering Mortgage Credit Certificates in Texas in order to assist first -time homebuyers. The Corpus Christi program was the first program in the state, and it was the only program available for several years. Since then, others communities as well as the Texas Department of Housing and Community Affairs have offered similar programs. A Mortgage Credit Certificate is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. The MCC authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception of the MCC program, over $130,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. The CCHFC either has operated its own MCC programs or administered MCC programs for other entities on a continual basis for 20 years. The previous allocation received for the City established the 2007 program which ended on December 31, 2008. In August 2008, the CCHFC authorized an application to the Texas Bond Review Board for a new allocation of federal bond authority, and are pleased to report that the CCHFC had received an allocation of just over $21 million of authority. This new program will provide a 35% MCC for mortgages up to and including $100,000 and a 30% MCC for mortgages over $100,000. This means that a first time home buyer would receive 35% or 30% of the mortgage interest paid as a direct tax credit off of the federal income tax return; however, in no event can a buyer receive a tax credit more than $2,000 each year. This is a substantial benefit for first time home buyers, and the MCC program has worked exceptionally well in the past. This 2009 program should assist approximately 200 families. —333— In addition to the MCC program, the CCHFC has also been very active in financing multi - family housing projects in the 1980's including The Wharf, The Rafters, Willowick, Sugar Tree and others in an approximate amount of $100,000,000. More recently, the CCHFC financed the construction of the Costa Tarragona Apartments at the intersection of North Padre Island Drive and Interstate Highway 37. The first phase consisting of 250 units was completed in 2007, and an application for low- income housing tax credits was made for the 2009 in order to complete 83 units for the remaining phase of this project. Regrettably, that application has been denied due to economic factors in the pro forma, but hopefully the financial markets will improve and this phase can be completed in the near future. Election of Officers. The Bylaws provide for the following officers of the CCHFC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Cindy O'Brien Constance Sanchez 'Angel Escobar The CCHFC additionally needs to update its registered agent filing with the Texas Secretary of State, so a motion is required to designate the Secretary as the registered agent. —334— CORPUS CHRISTI HOUSING FINANCE CORPORATION Organized: 1980 under the Texas Housing Finance Corporation Act Purpose: To assist in the financing and development of single - family and multi - family housing within the City. Board: The Board of Directors is comprised of the City Council, with one of the council members elected President and another Vice President. The remaining officer positions are held by City Staff. Projects: Mortgage Credit Certificates. The CCHFC was a trailblazer in offering Mortgage Credit Certificates in Texas beginning in 1987. A Mortgage Credit Certificate ( "MCC ") is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. It authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception of the MCC program, over $130,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. Multi - Family Housing. In the 1980's, the CCHFC issued revenue bonds to finance the development of several apartment projects in the City, including The Wharf, The Rafters, The Willowick, and Sugar Tree Apartments. In 2005, the CCHFC approved the formation of Costa Tarragona I, Ltd., a Texas limited partnership, and the issuance of $10,680,000 in multi - family revenue bonds for the development of a 250 -unit apartment project at the southeast corner of the interchange of North Padre Island Drive and Interstate Highway 37. The CCHFC acquired the land for the project and approved a ground lease to the limited partnership, and a limited liability company formed by the CCHFC serves as the general partner of the limited partnership. The NRP Group manages the project. Funds: The CCHFC charges fees for the issuance of MCCs and multi - family housing bonds. As of the end of the last fiscal year, it had a little over $400,000 in its treasury. In August, the Board approved an interim construction loan in connection with the Buena Vida low- income housing project in West Oso in the amount of $238,000. That loan has not yet been funded, but the funds will be repaid to the CCHFC with interest within two years. Attorney: John Bell, of Wood, Boykin & Wolter, P.C. 361 - 888 -9201 C: DOCU E— ivebeccah\LOCALS -1\remp smeary 09.doc —335— Organized: Purpose: Board: Projects: Funds: CORPUS CHRISTI HOUSING FINANCE CORPORATION 1980 under the Texas Housing Finance Corporation Act To assist in the financing and development of single - family and multi - family housing within the City. The Board of Directors is comprised of the City Council, with one of the council members elected President and another Vice President. The remaining officer positions are held by City Staff. Mortgage Credit Certificates. The CCHFC was a trailblazer in offering Mortgage Credit Certificates in Texas beginning in 1987. A Mortgage Credit Certificate ( "MCC ") is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. It authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence: Since the inception of the MCC program, over $130,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. Multi - Family Housing. In the 1980's, the CCHFC issued revenue bonds to finance the development of several apartment projects in the City, including The Wharf, The Rafters, The Willowick, and Sugar Tree Apartments. In 2005, the CCHFC approved the formation of Costa Tarragona I, Ltd., a Texas limited partnership, and the issuance of $10,680,000 in multi - family revenue bonds for the development of a 250 -unit apartment project at the southeast corner of the interchange of North Padre Island Drive and Interstate Highway 37. The CCHFC acquired the land for the project and approved a ground lease to the limited partnership, and a limited liability company formed by the CCHFC serves as the general partner of the limited partnership. The NRP Group manages the project. The CCHFC charges fees for the issuance of MCCs and multi - family housing bonds. As of the end of the last fiscal year, it had a little over $400,000 in its treasury. In August, the Board approved an interim construction loan in connection with the Buena Vida low- income housing project in West Oso in the amount of $238,000. That loan has not yet been funded, but the funds will be repaid to the CCHFC with interest within two years. C:\ DOCUME— Itrebeccah\LOCALS- 1 \Temp\Summary 09.doc —336— CORPUS CHRISTI HOUSING FINANCE CORPORATION ACTIVITY REPORT $50,000,000 Corpus Christi Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 1980 The Bonds were issued as of February 1, 1980, for the purpose of financing the purchase of single family detached, owner- occupied residences by low to moderate income persons. The mortgage loans bear an interest rate of 9.125 percent which is fixed for 30 years. All of the funds were utilized in the Program, and 1,106 families were assisted in the purchase of housing. In 1985, the reserve funds in the bond program were restructured which allowed the release of $2,600,000 to the Corpus Christi Housing Finance Corporation and the City of Corpus Christi for various housing and economic development projects. In, 1991, these Bonds were refunded by the Series 1991 Bonds and are no longer outstanding. $30,000,000 Corpus Christi Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 1982A The Bonds were issued as of June 1, 1982, for the purpose of financing the purchase of single family detached, owner- occupied residences by low to moderate income persons. The mortgage loans bear an interest rate of 13.44 percent which is fixed for 30 years. Due to declining interest rates in the conventional mortgage lending market at that time, only about 100 loans were made under this Program. All of the non- utilized funds were used to redeem bonds 2 years into the Program in accordance with the various Program documents. The mortgages and reserve funds presently held by the Trustee are sufficient to adequately provide for the payment of the remaining bonds outstanding. $29,999,832 Corpus Christi Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 1985 The Bonds were issued as of April 1, 1985, for the purpose of financing the purchase of single family detached, owner- occupied residences by low to moderate income persons. The mortgage loans bear an interest rate of 10.56 percent which is fixed for 25 years. Due to declining interest rates in the conventional mortgage lending market at that time, only about 400 loans were made under this Program. All of the non- utilized funds were used to redeem bonds 2 years into the Program in accordance with the various Program documents. The mortgages and reserve funds presently held by the Trustee are sufficient to adequately provide for the payment of the remaining bonds outstanding. $6,500,000 Corpus Christi Housing Finance Corporation Revenue Bonds, Series 1982 (Corpus Christi - I Partners Ltd. Project) The Bonds were issued to finance the construction of a 248 -unit apartment project (Chandler's Pointe Apartments) on 10.2 acres of land near the intersection of Holly and Airline Roads in Corpus Christi. $25,500,000 Corpus Christi Housing Finance Corporation (Certificate of Deposit Program) 1983 Series A - Victoria Savings Association The Bonds were issued to finance the following three apartment projects: 250 units known as "The Wharf Apartments" located on South Padre Island Drive, 250 units known as "The Rafters Apartments" located on Interstate Highway 37, and 250 units known as "The Willowick Apartments" located on Everhart Road. Subject to certain terms and limitations, the holders of these Bonds are entitled to the benefit of insurance by the Federal Savings and Loan Insurance Corporation (FSLIC). These Bonds were refunded by the Series 1987 Bonds and are no longer outstanding. -337- $5,680,000 Corpus Christi Housing Finance Corporation Multi - Family Housing Revenue Bonds (University Savings Association Project) Series 1983B The Bonds were issued to finance the construction of a 250 -unit apartment project (Sugar Tree Apartments) on 16.3 acres of land on South Padre Island Drive at the Cayo Del Oso in Corpus Christi. Subject to certain terms and limitations, the holders of these bonds were entitled to the benefit of insurance by the Federal Savings and Loan Insurance Corporation (FSLIC). Upon the failure of University Savings Association and sale of the Project, these Bonds were redeemed and paid by the FSLIC. $25,500,000 Corpus Christi Housing Finance Corporation Multifamily Refunding Bonds FSLIC - Insured Certificate of Deposit Program (Victoria Savings Association Projects) 1987 Series A, B and C The Bonds were issued to refund the 1983 Series A Bonds issued pertaining to the Victoria Savings Association Projects described above. The refunding was designed to obtain a lower interest rate on the Bonds, and the bondholders continue to have the benefit of the FSLIC insurance. $17,399,925 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 1987 On April I, 1987, the Corpus Christi Housing Finance Corporation elected to exchange $17,399,925 of single family housing bond authority for mortgage credit certificates (MCCs). The program had 12 participating lenders and provided for the issuance of mortgage credit certificates affecting $17,399,925 of mortgages for qualifying first-time home buyers. The MCC allows the homeowners a 25 percent tax credit for the interest they pay on their mortgages in addition to the normal tax deduction on 75 percent of the interest paid. The program has been concluded, and approximately 350 families have been assisted. $15,080,000 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates (Nueces County Program), Series 1988 On June 16, 1988, the Nueces County Housing Finance Corporation elected to exchange $15,080,000 of single family housing bond authority for mortgage credit certificates (MCCs). The program had 20 participating lenders and provides for the issuance of mortgage credit certificates affecting $15,080,000 of mortgages for qualifying first -time home buyers. The MCC allows the homeowner a 25 percent tax credit for the interest they pay on their mortgages in addition to the normal tax deduction on 75 percent of the interest paid. The program has been completed, and approximately 300 families have been assisted. $19,792,000 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 1989 The Corpus Christi Housing Finance Corporation elected to exchange $19,792,000 of single family housing bond authority for mortgage credit certificates. This program operated similarly to the previous MCC programs. About 400 families have been assisted in the purchase of their first homes. $22,342,500 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates (Nueces County Program), Series 1990 The Nueces County Housing Finance Corporation elected to exchange $22,342,500 of single family housing bond authority for mortgage credit certificates. About 400 families have been assisted in the purchase of their first homes. -a238- $2,104,050 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates (Aransas Pass - Ingleside Program), Series 1990 -91 The Aransas Pass - Ingleside Housing Finance Corporation elected to exchange $2,104,050 of single family housing bond authority for mortgage credit certificates. This program was operated by the Corpus Christi Housing Finance Corporation for the cities of Aransas Pass and Ingleside. Approximately 10 families were assisted in the purchase of their first homes. $32,124,293.15 Corpus Christi Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 On July 1, 1991, these Bonds were issued to refund the 1980 Single Family Mortgage Bonds outstanding. The refunding was designed to allow the release of excess reserve funds to the Corporation. The Bonds were rated AAA and do not extend the maturity or increase the interest cost from the original Bond issue. $19,308.975 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 1993 The Corpus Christi Housing Finance Corporation elected to exchange $19,308,975 of single family housing bond authority for mortgage credit certificates. This program was operated similarly to the previous MCC Programs. About 400 families were assisted in the purchase of their first homes. $1,931,400 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates (Aransas Pass - Ingleside Program), Series 1993 The Aransas Pass - Ingleside Housing Finance Corporation elected to exchange $1,931,400 of single family housing bond authority for mortgage credit certificates. This program assisted approximately 10 families in the purchase of their first homes. $1,289,333 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates (Portland Program), Series 1994 The Portland Housing Finance Corporation elected to exchange $1,289,333 of single family housing bond authority for mortgage credit certificates. This program was operated by the Corpus Christi Housing Finance Corporation in the same manner as it has previously done for Aransas Pass and Ingleside. Approximately 10 families were assisted in the purchase of their first homes. $19,308.975 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 1996 The Corpus Christi Housing Finance Corporation elected to exchange $19,308,975 of single family housing bond authority for mortgage credit certificates. This program is currently underway and is being operated similarly to the previous MCC Programs. About 400 families will be assisted in the purchase of their first homes. $7,000,000 Coastal Bend Housing Finance Corporation Mortgage Credit Certificates, Series 1996 The Coastal Bend Housing Finance Corporation elected to exchange $7,000,000 of single family housing bond authority for mortgage credit certificates to be issued in Aransas, Bee, Brooks, Duval, Jim Wells, Kleberg, Nueces, Refugio and San Patricio Counties. This program is currently underway and is being operated similarly to the previous MCC Programs. About 125 families will be assisted in the purchase of their first homes. -349- $19,308.975 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 2000 The Corpus Christi Housing Finance Corporation elected to exchange $19,308,975 of single family housing bond authority for mortgage credit certificates. This program is currently underway and is being operated similarly to the previous MCC Programs. About 400 families will be assisted in the purchase of their first homes. $2,500,000 Coastal Bend Housing Finance Corporation Mortgage Credit Certificates, Series 2000 The Coastal Bend Housing Finance Corporation elected to exchange $2,500,000 of single family housing bond authority for mortgage credit certificates to be issued in Aransas, Bee, Brooks, Duval, Jim Wells, Kleberg, Nueces, Refugio and San Patricio Counties. This program is currently underway and is being operated similarly to the previous MCC Programs. About 50 families will be assisted in the purchase of their first homes. $21,742,715 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 2003 The Corpus Christi Housing Finance Corporation elected to exchange $21,742,715 of single family housing bond authority for mortgage credit certificates. This program is currently underway and is being operated similarly to the previous MCC Programs. About 400 families will be assisted in the purchase of their first homes. $4,000,000 Coastal Bend Housing Finance Corporation Mortgage Credit Certificates, Series 2004 The Coastal Bend Housing Finance Corporation elected to exchange $4,000,000 of single family housing bond authority for mortgage credit certificates to be issued in Aransas, Bee, Brooks, Duval, Jim Wells, Kleberg, Nueces, Refugio and San Patricia Counties. This program is currently underway and is being operated similarly to the previous MCC Programs. About 70 families will be assisted in the purchase of their first homes. $10,800,000 Corpus Christi Housing Finance Corporation Revenue Bonds, Series 2005 (Costa Tarragona I Project) These Bonds were issued to finance the construction of a 250 -unit apartment project (Costa Tarragona Apartments) near the intersection of North Padre Island Drive and Interstate Highway 37 in Corpus Christi. $13,060,779 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 2007 The Corporation elected to exchange $13,060,779 of single family housing bond authority for mortgage credit certificates. This program is currently underway and is being operated similarly to the previous MCC Programs. About 200 families will be assisted in the purchase of their first homes. $21,742,715 Corpus Christi Housing Finance Corporation Mortgage Credit Certificates, Series 2009 The Corporation elected to exchange $21,742,715 of single family housing bond authority for mortgage credit certificates. This program is currently underway and is being operated similarly to the previous MCC Programs. About 300 families will be assisted in the purchase of their first homes. 28 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI INDUSTRIAL DISTRICT CORPORATION ANNUAL MEETING Tuesday, May 26, 2009 During the meeting of the City Council beginning at 10:00 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa call roll Board of Directors Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Assistant Treasurer 3. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer 4. Approval of minutes of August 12, 2008 5. Financial Report 6. General Manager's Annual Report 7. Designation of Secretary to serve as Registered Agent 8. Public Comment 9. Adjournment —343— MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION AUGUST 12, 2008 11:35 A.M. PRESENT Board of Directors Henry Garrett, President Larry Elizondo, Vice President Melody Cooper Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez ABSENT John Marez Bill Kelly Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Garrett called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Garrett called for the approval of the minutes of July 24, 2007. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. McCutchon, and passed. President Garrett referred to Item 4, the election of officers. Ms. Martinez made a motion to appoint Mr. Garrett as President, seconded by Mr. Elizondo, and passed. Ms. Leal made a motion to appoint Mr. Elizondo as Vice - President, seconded by Ms. Martinez, and passed. Ms. Martinez made a motion to reappoint George K. Noe, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasurer and Constance P. Sanchez, Assistant Treasurer serving as officers, seconded by Mr. Elizondo, and passed. President Garrett called for the financial report. Treasurer Cindy O'Brien referred to pages 486 -487 the summary of transactions for the eleven months ended June 30, 2008. She stated there were revenues earned of $2,070 and a balance of $67,246. The Council had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Garrett called for the General Manager's annual report. Mr. Noe stated the CCIDC had no activity during the last year. —344— Minutes - Regular CCIDC Meeting August 12, 2008 - Page 2 President Garrett called for public comment, and there was none. There being no further business to come before the corporation, President Garrett adjourned the meeting at 11:38 a.m. on August 12, 2008. -345- Corpus Christi Industrial Development Corporation Balance Sheet April 30, 2009 Assets Current assets: Cash $ 16,370 Investments 52,049 Total assets $ 68,419 Liabilities and Fund Balance Fund balance: Undesignated $ 68,419 Total fund balance 68,419 Total liabilities and fund balance $ 68,419 -346- Corpus Christi Industrial Development Corporation Summary of Transactions For Nine Months ended April 30, 2009 Fund balance at August 1, 2008 $ 67,872 Revenues: Interest earned 547 Total revenues 547 Fund balance at April 30, 2009 $ 68,419 -347- Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: 'Angel R. Escobar, General Manager DATE: May 19, 2009 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on May 26, 2009 I am requesting that the annual meeting of the Corpus Christi Industrial Development Corporation (CCIDC) be held during the Council meeting of May 26, 2009, to consider the following items: 1. Election of Officers: The Bylaws provide for the following officers of the CCHFC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Armando Chapa Assistant Secretary Mary Juarez Treasurer Cindy O'Brien Assistant Treasurer Constance Sanchez General Manager 'Angel Escobar 2. General Manager's Annual Report: The CCIDC was established in 1980 under the Texas Industrial Development Corporation Act of 1979. The CCIDC has as its general charge the provision of assistance to and - - - - - encouragement of industrial, manufacturing, warehousing, and commercial activities within Corpus Christi and the Corpus Christi area. The CCIDC's principal tool has been the utilization of Industrial Revenue Bonds which are tax exempt under federal law. These bonds are not a liability of the City, County, or the State and are solely payable from the loan repayment agreements on various industrial warehousing or commercial projects. In addition, some of the bonds are backed by Letters of Credit or corporate guarantees. The Corporation generates income from fees that it charges for the issuance of the bonds. Since its establishment, the Corporation has utilized these fees for various economic development studies and projects for the City of Corpus Christi in an amount in excess of $300,000. These projects have included such items as joint studies of Port activities and small capital improvement projects. The CCIDC has issued appr9igtely $65 million in industrial revenue bonds during its existence which have been responsible for assisting in the financing of a number of projects, including the following: a. Hotel - Motel: Assisted in creation of over 1,000 hotel and motel rooms (Holiday Inn Airport, Sandy Shores, Marriott, Days Inn). b. Warehousing and distribution: 35,000 sq. ft., including Williams Distributing Co. and W.W. Grainger, Inc. c. Industrial: 100,000 sq. ft. of manufacturing facilities for the Die Dietrich USA, Inc., project. The CCIDC has also played a major role in the establishment of the City's State Enterprise Zone. The Enterprise Zone is an economic development tool used by local communities to partner with the State to promote job creation, job retention, and capital investment in economically distressed areas. Designated projects are eligible to apply for State sales and use tax refunds on qualified expenditures based on capital investment and job creation /retention. The CCIDC paid for the Enterprise Zone expansion applications and in 1997 paid for the submission of a new Enterprise Zone application. Since the Zone was originally created in 1969, State approved Enterprise Zone designated projects in Corpus Christi have generated over 4,000 jobs with total investments of approximately $2.9 billion. The CCIDC also funded an architectural study of the old Nueces County Courthouse by the Killis- Almond firm. The last CCIDC bond project was the issuance of bonds for the Airborne Freight Corporation facility at Corpus Christi International Airport in the amount of $1.1 million. There has been no activity regarding CCIDC during the last year. The CCIDC additionally needs to update its registered agent filing with the Texas Secretary of State, so a motion is required to designate the Secretary as the registered agent. —349— Organized: Purpose: Board: Projects: Funds: CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION 1980 under the Texas Development Corporation Act To assist in the financing and development of industrial, manufacturing and commercial projects within the City. The Board of Directors is comprised of the City Council, with one of the council members elected President and another Vice President. The remaining officer positions are held by City Staff. Commercial Proiects. Initially, the CCIDC assisted in the financing of numerous hotel projects in the 1980's in order to assist in relieving a hotel room shortage after the opening of the Convention Center in 1979. The CCIDC also financed the Medical Plaza tower north of Six Points on Staples Street. Federal laws concerning the tax - exempt financing of commercial facilities were tightened in the 1990's, so no subsequent projects of that nature have been undertaken. Distribution Projects. The last project financed by the CCIDC was the Airborne Express facility at the Corpus Christi International Airport. The CCIDC issued $1,500,000 in revenue bonds for the facility in 1999. Port Industries. The Port of Corpus Christi Authority also has an Industrial Development Corporation that finances industrial, manufacturing and pollution control projects for industries in the Port area. As a result, the CCIDC is not utilized for Port- related projects. The CCIDC charges fees for the issuance of revenue bonds. Due to its limited activities, it has nominal funds in its treasury. C:'D000ME —i\emiiymv LOCAL&- 1\Termo\summarro9.d« —350— CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ACTIVITY REPORT $8,000,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1981 (Tex -Air Investment Co. Project) The Bonds were issued to finance the original purchase and development of the Holiday Inn - Airport. The project consists of a 247 -room hotel and approximately 42,000 square feet of commercial space at the intersection of Leopard and North Padre Island Drive. $5,800,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1982 (I -37 Gulf Limited Project) The Bonds were issued to finance the expansion of the Corpus Christi Hilton Inn with an additional 173 new guest rooms, a lobby /registration area, and various meeting rooms comprising a total of 100,224 square feet. These Bonds have been paid and/or discharged in full pursuant to foreclosure and bankruptcy proceedings involving the hotel. $7,200,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1982 (Master Host Inn- -Sandy Shores Project) The Bonds were issued to expand the existing Sandy Shores motel by the addition of a six -story tower containing 139 new guest rooms, a lobby /registration area, and commercial space at 3200 Surfside Boulevard. $1,000,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1983 (Herco Inc. Project) The Bonds were issued to fund a portion of the original acquisition cost and development of a 495 -room hotel and 400 car parking garage then known as the Hershey Corpus Christi Hotel. The Bonds were paid in full in connection with the sale of the hotel in 1988. $3,600,000 Corpus Christi Industrial Development Corporation Floating Rate Monthly Demand Industrial Development Revenue Bonds, Series 1983 (Days Inns of America, Inc. Project) The Bonds were issued to finance the original purchase and development of a Days Inns Hotel consisting of 122 rooms and a restaurant located at Interstate Highway 37 and Navigation Road. $9,555,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1984 (Medical Plaza Associates Project) The Bonds were issued to finance the construction of the Medical Office Towers on Staples Street near Six Points. On January 14, 1997, the Bonds were restructured with the existing Bondholder to change the interest rate and certain other terms and conditions. At the time of such restructuring, the principal bond indebtedness was $7,457,850. $5,570,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1985 (Broadway Plaza Associates, Ltd. Project) C:\DOCUME -1 \emilym\LOCALS -1 \Temp\Bond Status Reportdoc —351- The Bonds were issued to finance the original acquisition and construction of an office building containing four floors and approximately 60,000 square feet located between S. Upper Broadway and Chaparral Street across from the YMCA building. The project location was changed to allow for the purchase and renovation of the HEB office building located on N. Upper Broadway; however, the purchase of that location was not consummated, and the bonds were redeemed and paid in full. $1,600,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1985 (Durrill and Williams, Inc. Project) The Bonds were issued to finance the original acquisition and construction of a 22,000 square foot refrigerated warehouse facility and 8,000 square feet of related office space to be leased to Williams Wholesalers, Inc. $900,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1985 (W. W. Grainger, Inc. Project) The Bonds were issued to finance the original purchase and development of a 13,000 square foot warehouse and distribution facility located in the Sunbelt Industrial Park for W. W. Grainger, Inc. $3,000,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 1985 (Furman Plaza, Ltd. Project) The Bonds were issued to finance the renovation and expansion of the Furman Building at the intersection of Peoples and N. Mesquite Street. $7,680,000 Corpus Christi Industrial Development Corporation Revenue Refunding Bonds, Series 1988 (Tex -Air Investment Co. Project) The Bonds were issued to refund the original bonds issued in 1981 for the development of the Holiday Inn - Airport Hotel. $7,000,000 Corpus Christi Industrial Development Corporation Variable Rate 7 -Day Demand Industrial Revenue Bonds, Series 1988 (DeDietrich (USA), Inc. Project) $2,000,000 Corpus Christi Industrial Development Corporation Variable Rate 7 -Day Demand Industrial Revenue Bonds, Series 1989 (DeDietrich (USA), Inc. Project) Both of these Bond issues were sold to finance the original acquisition and development of a 100,000 square foot manufacturing facility on 43 acres of land at McKinzie Road and State Highway 44. $1,100,000 Corpus Christi Industrial Development Corporation Revenue Bonds, Series 2000 (Airborne Freight Corporation Project) The Bonds were issued as of April I, 2000, to finance the construction and development of a facility for Airborne Express at the Corpus Christi International Airport. The bonds were privately placed. Total Amount: $64 000,000 C:\D000M E —I \emilym\LOCALS -1 \Temp\Bond Status Reportdoc -35Z- 29 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, May 26, 2009 TIME During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order 2. Secretary Armando Chapa calls roll Board of Directors Officers John E. Marez 'Angel R. Escobar, General Manager Larry Elizondo, Sr. Armando Chapa, Secretary Priscilla Leal Mary Juarez, Assistant Secretary Nelda Martinez Cindy O'Brien, Treasurer Constance P. Sanchez, Assistant Treasurer 3. Motion reappointing John E. Marez, Larry Elizondo, Sr., Priscilla Leal and Nelda Martinez and appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick and Mark Scott as Board Members of the CCCIC. 4. Election of Officers: President General Manager Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer 5. Approval of the minutes of January 13, 2009 6. Approval of the financial report 7. General Manager's Annual Report 8. Appointments to the Loan Review Committee 9. Public Comment 10. Adjournment —355— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION January 13, 2009 11:04 A.M. PRESENT Board of Directors John Marez, President Melody Cooper, Vice President Larry Elizondo Henry Garrett Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez called for the approval of the minutes from the December 16, 2008 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Ms. Cooper, and passed. President Marez called for the financial report for four months ended November 30, 2008. Treasurer Cindy O'Brien stated the fund balance was $18,941,954. President Marez introduced Item No. 5, motion authorizing the General Manager or designee to execute an agreement for early termination of building lease between the CCCIC and Workforce Solutions of the Coastal Bend for property located at 1616 Martin Luther King Blvd. Daniel Gallegos, Community Development Administrator, stated thatWorkforce Solutions will pay out the remainder of the lease and a resolution payment of $5,000. He also stated that there is interest in the building from some City departments and they are currently in negotiations with the Park and Recreation Department and the Police Department. Secretary Chapa polled the Corporation for their votes on Item 5: 5. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR EARLY TERMINATION OF BUILDING LEASE BETWEEN THE CCCIC AND WORKFORCE SOLUTIONS OF THE COASTAL BEND FOR PROPERTY LOCATED AT 1616 MARTIN LUTHER KING BLVD. The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo, Garrett, Kelly, Leal, Martinez and McCutchon voting "Aye "; Hummell absent. President Marez called for public comment. There was none. There being no further business to come before the Board, President Marez adjourned the meeting at 11:09 a.m. on January 13, 2009. —356— ASSETS CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET April 30, 2009 Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments $ 835,969 $ 244,540 $ (493,133) $ 587,376 Mortgages receivable 10,622,317 0 6,652,662 17,274,979 Account receivable 0 0 213,562 213,562 Investment in property (net of accumulated depreciation) 128,368 21,047 0 149,415 Total assets $ 11 586,654 $ 265,587 ;! 6,373,091 $ 18,225;332 LIABILITIES AND FUND BALANCE Liabilities: Total liabilities $ $ $ $ Fund Balance: Reserved for mortgages 10,622,317 0 6,652,662 17,274,979 Reserved for Investments 128,368 21,047 0 149,415 Unreserved 835,969 244,540 (279,571) 800,938 Total fund balance 11,586,654 265,587 6,373,091 18,225,332 Total liabilities and fund balance $11,586,654 $265,587 $6,373,091 $18,225,332 -357- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE NINE MONTHS ENDED APRIL 30, 2009 Revenues: Contribution from Federal Govemment Interest on loans Interest on investments Rental income Miscellaneous Total revenues Expenditures: Grants Warranty Work Community Development administration Loan processing Accumulated depreciation building Loan Program Special Project HOME Program Fund Fund Fund $ 0 $ 0 $ 963,729 34,533 0 4,810 5,348 2,321 925 16,687 0 0 1,186 0 252 57,754 2,321 969,716 0 7,459 0 386,072 5,616 0 323,875 0 0 0 41,719 0 1,324,298 0 0 Total expenditures 399 147 0 1,689,892 Excess of revenues over expenditures Fund balances at August 1, 2008 Fund balances at April 30, 2009 (341,393) 2,321 (720,176) 11,928,047 263,266 7,093,267 $ 11,586,654 $ 265,587 $ 6,373,091 -358- Total $ 963,729 39,343 8,594 16,687 1,438 1,029,791 323,875 7,459 41,719 1,710,370 5,616 2,089,039 (1,059,248) 19,284,580 $ 18,225,332 Memorandum TO: Members of the Board of the Corpus Christi Community Improvement Corporation FROM: 'Angel R. Escobar, General Manager DATE: May 19, 2009 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on May 26, 2009 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of May 26, 2009, to consider the following: General Manager's Annual Report: The CCCIC was originally incorporated as a nonprofit corporation in 1976 as the Corpus Christi Housing Improvement Corporation (name change occurred on March 16, 1993). The Corporation was "organized exclusively for the purpose of benefiting and accomplishing public purposes of, and on behalf of, the City, by financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents for the City at prices they can afford." The intent was simply to provide a vehicle for the City's single family rehabilitation program; however, over the years the Corporation has taken a much broader role in not only handling Community Development Block Grant (CDBG) funds, but also HOME Investment Partnerships funds and special CDBG projects for the City. With the addition of the FY2009 HOME program, the CCCIC will have provided over $39 million of funding to affordable housing projects and more than 5,400 units have been assisted through the CCCIC's many programs. The CCCIC is a public non - profit corporation, a separate legal entity from the City of Corpus • Christi, with the responsibility to maintain /manage the corporation in accordance with the U.S. Department of Housing and Urban Development rules. As such, CCCIC meetings are requested at interval times throughout the year to allow City staff to make contractual obligations or amendments in relation to affordable housing programs and developments. —359— CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORTION/LOAN REVIEW COMMITTEE — Seven (7) vacancies with terms to 5- 07 -10, 5- 07 -11, and 5- 7-12 representing the following categories: 1 — Community at Large, 1 — Financial Institution, 1 — employed in the delivery of Health and Human Services, and 4 — chosen from the following professions: legal, real estate agency, general contractor /remodeler/homebuilder, architect, engineer, or residential home designer. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodelor/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one -year term. MEMBERS *Alice Vaughan (Real Estate), Chairperson *Ben Grande (Community at Large) Cliff Atnip (Community at Large) David Cantu (Financial Inst.) * Alynda Asher (Real Estate) Abel Alonzo (Community at Large) Barry Lobell (Community at Large) ***Judy Telge (Health/Human) ** *Sylvia Ford (Financial Inst.) ** *Jesus A. Leija (Architect), Vice - Chairperson ** *Char Atnip (Realtor) TERMS 5 -07 -09 5 -07 -09 5 -07 -11 5 -07 -10 5 -07 -09 5 -07 -11 5 -07 -10 5 -07 -10 5 -07 -11 5 -07 -09 5 -07 -09 ORIGINAL APPTD. DATE 3 -16 -93 5 -24 -94 5 -27 -08 5 -12 -98 7 -27 -93 5 -27 -08 5 -12 -98 9 -21 -04 9 -21 -04 2 -10 -04 9 -19 -06 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Alice Vaughan (Real Estate) 6 Ben Grande (Comm at Large) 6 Alynda Asher (Real Estate) 6 NO. PRESENT 6 4 5 OTHER INDIVIDUALS EXPRESSING INTEREST Jeremy Coleman Lem *Seeking reappointment * *Not seeking reappointment ** *Resigned % OF ATTENDANCE LAST TERM YEAR 100% 66% 83% Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (Community at Large) (1- 25 -09) -360- Becky Flores Norma Franklin Mike Garey Timothy Goss Coretta Graham, Esq. Chris Hamilton Sandra L. Jackson Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (Real Estate Agency and Community at Large) (1- 19 -09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (Community at Large) (4- 13 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (Architect or Community at Large) (4- 22 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (Community at Large) (4- 21-09) Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. (Legal or Community at Large) (4- 24 -09) Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. (General Contractor or Community at Large) (12- 10 -08) Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree from Del Mar College. Currently Student at Texas A &M University- Corpus Christi. Activities include: NAACP, Blacks in Government, and Black Writers Association. (Community at Large) (5- 21 -09) -361- Jacey Jetton Ed A. Lopez Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (Community at Large) (5- 18 -09) Chief Lending Officer, Executive Vice President, Advisory Director, Texas Champion Bank. Received BBA- Finance from Texas A &I University, Kingsville, Texas and Graduate School of Banking from University of Wisconsin, Madison, Wisconsin. Activities include: Nueces County Tax Appraisal District Board Member. (Financial Institution or Community at Large) (4- 16 -09) Minerva Montalvo -Curiel Administration Sales/Warehouse Manager, Arthur Fluid Systems. Attended College. (Community at Large) (5 -7- 09) Keith Parker Rosa E. Pizzi Latrice M. Sellers Jodi Steen Steve Trubatisky Angelia Valencia Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. (Engineer or Community At Large) (4- 23 -09) CEO/Executive Director, Corpus Christi Metro Ministries, Inc. Received B.A. in English and M.A. in Economics from St Mary's University, San Antonio, Texas. (Community at Large) (2 -9 -09) Self- Employed. Received A.A. in Radio & Television Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Currently Serves on Cable Communications Commission, Community Organizer and Ministry. (Community at Large) (4- 15 -09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (Homebuilder or Community at Large) (4- 16 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Real Estate or Community at Large) (2- 11 -09) Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (Community at Large) (12- 5-08) —362— Priscilla Wolf Director of Business Development, Angel Bright Home Health, Inc. Formerly with AFLAC Insurance. Attended Del Mar College. Activities include: Corpus Christi Hispanic Chamber of Commerce, Corpus Christi Chamber of Commerce, and South Texas Social Workers Society. (Health and Human Services or Community at Large) (5- 8-09) -363-