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HomeMy WebLinkAboutAgenda Packet City Council - 06/09/2009. ! • "'" ' • " • • e • • '"" • 11:45 A.M. - Proclamation declaring the week of June 7 -13, 2009 as' Water Utilities Awareness Week" Proclamation declaring the ten days of June 9 -19, 2009 as "Juneteenth Coalition for Emancipation Proclamation — 10 Days of Celebration" Certificates of Commendation: Goodwill Ambassador — People to People Student Program Swearing -in Ceremony of newly appointed Board, Commission and Committee members "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 9, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es 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 Pastor Mark Behrendt, Galilean Lutheran 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 June 9, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of May 26, 2009. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. • Clean City Advisory Committee * Coastal Bend Council of Governments * Commission on Children and Youth * Community Youth Development (78415) Program Steering Committee * Corpus Christi Downtown Management District * Ethics Commission 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) 1. 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 June 9, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a supply agreement with Dell Financial Services, of Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and Master Lease Agreement No. 6458214 for an estimated expenditure of $1,147,572.45. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2008 -2009 and have been requested for all FY 2009 -2010. (Attachment # 3) 4. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $70,250 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) b. Ordinance appropriating $70,250 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) c. Motion authorizing the City Manager or his designee to accept a grant in the amount of $93,123 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) d. Ordinance appropriating $93,123 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) Agenda Regular Council Meeting June 9, 2009 Page 4 5. 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $400,000 from the State of Texas, Governor's Division of Emergency Management, under the FY 2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $100,000, for a total project amount of $500,000 and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $400,000 in the No. 1061 Police Grants Fund from the State of Texas, Governor's Division of Emergency Management, for additional grant funding under the FY 2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $100,000. (Attachment # 5) a. Motion authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2008 Continuum of Care Grant for Homeless Supportive Housing Program Renewals. (Attachment # 6) b. Ordinance appropriating a grant of $295,226 from the U. S. Department of Housing and Urban Development for the 2008 Continuum of Care Grant Program in the No. 1071 Community Enrichment Fund for Homeless Supportive Housing Program Renewal projects and activities. (Attachment # 6) c. Motion ratifying the 2008 Continuum of Care ( "COC ") Grant Funding Agreements with Wesley Community Center and Corpus Christi Metro Ministries to be effective April 1, 2009, and authorizing the City Manager or his designee to execute subrecipient funding agreements under the 2008 COC Grant terms as follows: (1) $134,971 for Wesley Community Center; and (2) $160,255 for Corpus Christi Metro Ministries, for homeless supportive program renewal projects and activities. (Attachment # 6) Agenda Regular Council Meeting June 9, 2009 Page 5 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $316,927 from the Texas Department of Agriculture to operate a Summer Food Service program for Summer Recreation Program participants ages one to eighteen years. (Attachment # 7) b. Ordinance appropriating a $316,927 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. (Attachment # 7) c. Resolution authorizing City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. (Attachment # 7) 8. Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2009 -2010 78415 Community Youth Development (CYD) Program, with $503,500 DFPS Funding. (Attachment # 8) 9. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for youth recreation programs. (Attachment # 10) 11. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the CalaIlen Independent School District to provide transportation services for youth recreation programs. (Attachment # 11) Agenda Regular Council Meeting June 9, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. a. Ordinance authorizing the City Manager or his designee to execute a use permit agreement with Matthew Peveto d.b.a. Mustang Music Group for use of Corpus Christi Beach during June 10, 2009 through June 16, 2009 for Ziegenbock Music Festival; provide for payment of 100% of all City costs plus $2,500. (Attachment # 12) b. Motion approving the application from Mustang Music Group to temporarily close Hotel Place, Breaker Avenue, and Bushick Place from Surfside Boulevard to Corpus Christi Beach for the ZiegenBock Music Festival, beginning at 6:00 a.m. on June 12, 2009 through 12:00 p.m. on June 14, 2009. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $263,782 for Development Services /Emergency Operation Center (EOC) (Frost Building) Chiller Replacement Project - 2009. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $177,000 for the Power Street Pump Station 2009 Improvements for the Total Base Bid. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute — a construction contract with H &G Contractors of Corpus Christi, Texas in the amount of $137,492.87 for the total of Base Bid A plus Base Bid B for the following: (Attachment # 15) • Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation • Lexington Road Bridge Replacement Water Line Relocation 16. Motion authorizing the City Manager or his designee to execute a construction contract with Highway Technologies, L.P. from Corpus Christi, Texas in the amount of $103,142.50 for City- wide Street Striping and Pavement Marking contract. The term of the contract will be for 12 months with an option to extend for up to two (2) additional 12 -month periods. (Attachment # 16) Agenda Regular Council Meeting June 9, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $165,700 for the O.N. Stevens Facility Alterations project for design, bid and construction phase services and additional services. (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $1,665,349 for design, bid, construction and additional phase services for Staples Street (Bond Issue 2008) (Attachment # 18): • Staples Street, Phase 1 from Saratoga Boulevard to Holly Road • Staples Street, Phase 2 from Holly Road to Williams Drive 19. a. Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept the moneys to be received from Texas Department of Transportation (TXDOT) pursuant to the emergency work authorization attached hereto as Exhibit "A" for an amount of up to $1,600,000 for the Carbon Plant Road Direct Connector Project on IH 37 and related work projects. (Attachment # 19) b. Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc., a CH2M Hill Company, of Corpus Christi, Texas in the amount of $136,513, for a total re- stated fee of $184,563 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37. (Attachment # 19) c. Motion authorizing the City Manager, or his designee, to execute a construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $386,747.90 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 for the Base Bid. (Attachment # 19) Agenda Regular Council Meeting June 9, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. First Reading Ordinance — Authorizing the City Manager or his designee to execute a five -year lease agreement with a five - year renewal option, at the City Manager's or designee's discretion, with the Texas Commission on Environmental Quality for two air monitoring station sites at Oakpark Park and Bayview (H. J. Williams) Park; providing for publication. (Attachment # 20) 21. Second Reading Ordinance — Renaming the park located at 300 Sandbar — South from "Corpus Christi Beach Park" to "Dolphin Park ". (First Reading 05/26/09) (Attachment # 21) J. PUBLIC HEARINGS: ZONING CASES: 22. Case No. C0409 -04, City of Corpus Christi: A change of zoning from "B -2M0" Barrier Island Business District with an Island Overlay District to a "R-18/10" One - Family Dwelling District with an Island Overlay District resulting in a change of land use from commercial and multi - family residential uses to single family residential uses on property described as Lake Padre South Bridge Port Unit 1, as shown on plat of record in Volume 54, Pages 174 and 175 of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1 and Block 2, Lot 10, located on the south side of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID). (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the change of zoning from 'B- 2A/IO" Barrier Island Business District with an Island Overlay District to an "R- 1B /10" One - Family Dwelling District with an Island Overlay District. ORDINANCE Ordinance amending the Zoning Ordinance, upon application by City of Corpus Christi, by changing the Zoning Map in reference to Lake Padre South Bridge Port Unit 1, save and except Block 1, Lot 1, and Block 2, Lot 10, from "B- 2A " / "IO" Barrier Island Business District with an Island Overlay District to "R- 1B " / "IO" One - Family Dwelling District with an Island Overlay District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting June 9, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CRIME CONTROL AND PREVENTION DISTRICT BUDGET: 23. Public Hearing on the FY 2009 -2010 Budget adopted by the Crime Control and Prevention District Board of Directors. (Attachment # 23) K. REGULAR AGENDA (NONE) L. SPECIAL BUDGET PRESENTATION: 24. Proposed FY 2009 -2010 Operating Budget: General Fund Part 1 covering the following departments: General Government (except Municipal Court), Health, Library, Park & Recreation, Neighborhood Services, Engineering. (Attachment # 24) M. PRESENTATIONS: (NONE) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, — please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL. INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL Agenda Regular Council Meeting June 9, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment 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. 25. Executive session under §551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect, GlobalWatt, that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. P. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. Q. 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 3.15 p.m., on June 4, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 sik 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 26, 2009 - 10:00 a.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 Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kyle Livingston, Sr. with Southside Community Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 called for approval of the minutes of the regular Council meetings of May 19, 2009. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 and the following board appointments were made: Airport Board Richard Drilling (Reappointed) Joseph Wise (Reappointed) Chad Magill (Appointed) Park and Recreation Advisory Committee Rita Sonia Padron (Appointed) Huxley Smith (Appointed) Transportation Advisory Committee Karen Beard (Reappointed) Daniel Carrizales (Reappointed) Edd Price (Appointed) ** Civil Service Board /Commission Eileen Butler (Reinstated) Susanne Bonilla (Appointed) Sister City Committee Melody Cooper (Appointed) Kate Rodriguez (Appointed) Elizabeth Garza (Appointed) Mary Babbili (Appointed) Mayor Adame called for consideration of the consent agenda (Items 3 -20). There were no comments from the public. Council members requested that Items 4, 6, 13, 16, 17, and 20 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting May 26, 2009 — Page 2 3. MOTION NO. 2009 -133 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye. 5.a. MOTION NO. 2009 -134 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. MOTION NO. 2009 -135 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7. MOTION NO. 2009 -139 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MOTION NO. 2009 -140 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting May 26, 2009 — Page 3 MOTION NO. 2009 -141 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. MOTION NO. 2009 -142 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) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO. 2009 -143 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 fora 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. MOTION NO. 2009 -144 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) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. ORDINANCE NO. 028180 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. Minutes — Regular Council Meeting May 26, 2009 — Page 4 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 ". 15. ORDINANCE NO. 028181 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. 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 ". 18. RESOLUTION NO. 028184 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19. MOTION NO. 2009 -146 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. 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 4 regarding the FY2009 Edward Byrne Memorial Justice Assistance Grant. Council Member Kieschnick asked whether $250,000 will cover the costs of upgrading the entire radio system for all of the—patrol vehicles. Interim Police Chief Mike Walsh explained that the cost to cover the entire radio system will be done through a series of grants. Chief Walsh stated that this portion of funding is to upgrade the radio system to be P -25 compliant as mandated by state law. Don Nattinger, Radio Systems Coordinator, provided a brief overview of the P -25 system. In response to Council Member Martinez, Municipal Court Judge Deanie King provided an explanation of the purpose of the CHARACTER FIRST program. Council Member Leal asked questions regarding contracting services. Judge King said the contracting services include training for herself and community volunteers to maintain sustainability of the program. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 028179 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 Minutes — Regular Council Meeting May 26, 2009 — Page 5 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. 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 6 regarding PeopleSoft software. Bill Kopecky, 3609 Topeka, spoke regarding annual maintenance fees; how much the City has spent over the years for the PeopleSoft system; the license expansion fee; and whether the City has done a review all of the software used by the City. Director of Municipal Information Systems Michael Armstrong stated that the City has not had an increase in maintenance fees for many years and the license expansion fee is based on the size of the budget. Mr. Armstrong added that MIS is in the process of reviewing all of the software applications of the City. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2009 -136 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.) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. MOTION NO. 2009 -137 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.c. MOTION NO. 2009 -138 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. 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 13 regarding a consultant services contract with Horizon Centre for Phase 5 of the Development Services Process Improvement project. Interim Assistant City Manager for Development Services Johnny Perales explained that this contract is for Phase 5 of the Development Services Process Improvement project initiated in 2005 to redevelopment the Development Services Department. Mr. Perales stated that the primary focus of the project is to improve the quality and quantity of information related to the development services process as well as extensive staff training. Minutes — Regular Council Meeting May 26, 2009 — Page 6 The following topics pertaining to this item were discussed: the total cost of the consultant fees; the reasons for continuing the consulting services; the amount spent on consultant services; the scope of services; the original services provided in 2005; the survey process and training; and whether the consultant or staff is responsible for the improvements that have taken place to date. There was a general consensus of the Council to delay the vote on this item until after the Development Service Department Progress Update presentation. Mayor Adame opened discussion on Item 16 regarding The Preserve at Mustang Island. Council Member Martinez asked questions regarding the solvency of the trust funds. Interim Assistant City Manager Johnny Perales stated that the Planning Commission has reviewed the finance plan for the funds and will be presented with an action item. Mr. Perales provided an explanation of the primary issues with the financing plan. Council Member Martinez asked for an update on the four trust funds. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 028182 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. 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 ". Mayor Adame opened discussion on Item 17 regarding AEP Texas's request for approval of an advanced metering system. Assistant City Attorney Lisa Aguilar explained that this resolution authorizes the City to intervene in the filing that AEP is submitting to the Public Utility Commission for their advanced meter system deployment plan and their request for surcharges for that deployment. In response to Mayor Adame, Ms. Aguilar responded that the system is referred to as smart meters. Council Member Leal asked whether it is important to implement the advanced meter system at this time. Ms. Aguilar stated that AEP has received direction from State law to implement an advanced metering system. Council Member Scott asked if the City has a representative on the steering committee. Ms. Aguilar said the representative is Director of Intergovernmental Relations Rudy Garza. Ken Griffin, AEP, reported that the smart meter system would provide a two- communication system and allow customers to review their consumption and reduce the amount of service charges. Mr. Griffin added that the project will begin in the City of Portland in October 2009 and the City of Corpus Christi in the first quarter of 2010. In response to Ms. Leal, Mr. Griffin stated that the workforce will be reduced over a period of time. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 028183 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 Minutes — Regular Council Meeting May 26, 2009 — Page 7 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". Mayor Adame opened discussion on Item 20 regarding the renaming of Corpus Christi Beach. Director of Parks and Recreation Sally Gavlik stated that this item is to rename the north end of Corpus Christi Beach to Dolphin Park. Ms. Gavlik added that the community has been notified and this item has been approved by the Parks and Recreation Advisory Committee. In response to Council Member Adler, Ms. Gavlik stated that the location of the park is where the playground equipment is located. City Secretary Chapa polled the Council for their votes as follows; 20. FIRST READING ORDINANCE Renaming the park located at 300 Sandbar — South from "Corpus Christi Beach Park" to "Dolphin Park ". The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 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. Director of Community Development Daniel Gallegos provided an overview of the CDBG -R program including a background; the funding received; the parameters of the program; the number of projects requesting funding; and staffs recommendations. Mr. Gallegos added that funds for administration were being recommended because the program funds will have to be monitored, reported and tracked separately. , Deborah Sherrill, Corpus Christi Housing Authority, stated that the Housing Authority has applied for CDBG funding three times and has not received any funding. Dr. Gloria Scott spoke regarding funding for the Housing Authority and the monitoring of CDBG projects. Dr. Scott also stated that she would like to see funding for the low income children in the northside area. Roland Garza stated that the mission for HUD is for the elimination of slum and blight in impoverished areas. Mr. Garza expressed concern that the needs of the people are not being met. Robert Garcia, Director of the Garcia Arts Center, spoke regarding the benefits of the center and thanked the Council for consideration of the Westside Business Association (NP)— Moroles Fountain Installation Garcia Facility Improvements. Betty Jean Longoria, thanked City Manager Escobar and Mr. Gallegos for their work on the CDBG program and spoke on behalf of the Westside Business Association (NP) — Moroles Fountain Installation Garcia Facility Improvements. Chad Magill, 641 Texas Avenue, stated that the Corpus Christi Hispanic Chamber of Commerce board unanimously approved support of the Westside Business Association (NP)— Moroles Fountain Installation Garcia Facility Improvements. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Minutes — Regular Council Meeting May 26, 2009 — Page 8 The following topics pertaining to this item were discussed: the percentage of CDBG -R funding recommending for administration; monitoring and reporting of the projects; the reason the Corpus Christi Housing Authority is not being considered for funding; the projects benefiting low income people; the percentage of CDBG funding allocated to administration in the FY2009 Consolidated Annual Action Plan; the CPL /BrightBiz — Direct Energy program; Southmoreland Addition improvements; the definition of low to moderate income; and rotating funding to different entities. Mayor Adame called for a brief recess to present proclamations and listen to public comment. Mayor Adame called for petitions from the audience. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding an update on the public information process; open records requests on the City Manager selection process and the CDBG projects submitted to HUD and the Juneteenth Celebration. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Carolyn Moon, 4902 Calvin, spoke regarding the mercury emissions from the Las Brisas Plant. Ms. Moon also addressed Las Brisas paying for the pipeline along the Joe Fulton Corridor. J. E. O'Brien, 4130 Pompano, spoke regarding the fund balance and changing the fiscal year. Ron Hamilton, 3636 S. Alameda, asked the Council to listen to the presentation by Dr. Wes Stafford regarding the Las Brisas Plant and to place this item on the council agenda. Rebecca Stroisch, 920 Waco Street, spoke regarding traffic light safety near City Hall. Neil McQueen, 4213 Estate Drive, spoke regarding pollution from energy production and encouraged the Council to provide incentives for renewable energy companies like GlobalWatt. Dr. Mohammad Emran, 3200 Santa Fe, spoke regarding the risk associated with the Las Brisas Plant and encouraged the Council to support clean energy jobs. Colin Sykes, 309 Aberdeen, spoke in opposition to the Las Brisas Plant. Gabriel Guerra, President of the Westside Business Association, asked the Council to consider the CDBG -R proposal for the Westside Business Association (NP)— Moroles Fountain Installation Garcia Facility Improvements. Daniel George Mormon asked the Council to consider and discuss developing a feasibility study to turn the Memorial Coliseum into a homeless shelter for men and women. Mayor Adame returned to the Item 21 regarding the public hearing on the Community Development Block Grant (CDBG) program funds as it relates to the American Recovery and Reinvestment Act of 2009 also known as CDBG -R. The following topics pertaining to this item were discussed: concern that several of the project requests do not meet the standards set by the Obama administration; the parameters to consider projects; educating entities on the parameters of the program; deadlines to award projects; creation of jobs; and energy efficiency and education. Mr. Chesney made a motion to approve staffs recommendation. The motion was seconded by Mr. Elizondo. Mr. Chapa polled the Council for their votes as follows: 21.b. MOTION NO. 2009 -149 Motion approving the Community Development Block Grant (CDBG) program funds as it relates to the American Recovery and Reinvestment Act of 2009 also know as CDBG -R as follows: Minutes — Regular Council Meeting May 26, 2009 — Page 9 • CDBG -R Administration - $50,184 • Coastal Bend Alcohol & Drug Rehabilitation Centerd.b.a. Charlie's Place (NP) — Fire System Phase II - $105,500 • Coastal Bend Center for Independent Living (NP) - $25,378 • CPL /BrightBiz — Direct Energy - $70,000 • Nueces County MHMR (NP) - Fostering Energy Independence - $75,000 • Neighborhood Centers of Corpus Christi, Inc. (NP) — Marguerite Neighborhood Center Reconstruction Project - $125,000 • Engineering Services — Southmoreland Addition Area Street Improvements Phases 3B and 4B Part 2 - $360,000 • Westside Business Association (NP) — Moroles Fountain Installation Garcia Center Facility Improvements - $100,000 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". (Note: Ms. Adler abstained on this item as it pertains to the Westside Business Association (NP) — Morales Fountain Installation Garcia Center Facility Improvements; Mr. Elizondo abstained on this item as it pertains to the Westside Business Association (NP) — Morales Fountain Installation Garcia Center Facility Improvements; and Mr. Scott abstained on this item as it pertains to the CPUBrightBiz- Direct Energy.) Mayor Adame opened discussion on Item 22 regarding the Ethics Ordinance. City Attorney Fischer explained that this item is on the agenda in response to a request by Chairman Jim Cramer of the Ethics Commission. Mr. Cramer asked that the Council consider amending Ethics Ordinance, Ordinance No. 028170, regarding conflict of interests by suspending the effective date and allow the Ethics Commission the opportunity to review and make a recommendation to the City Council. Council Member Chesney suggested putting a timeframe to bring this item back to the Council. Ms. Fischer stated that the Ethics Commission has committed to completing their review by June 29th. A brief discussion ensued regarding the timeframe and consideration of an extension. Council Member Leal made a motion to not suspend the ordinance and refer to the Ethics Commission for review. The motion died for lack of second. Council Member Scott requested information on the current ordinance and state laws regarding ethics. Council Member Leal requested a list of the individuals on the Ethics Commission including their background. Council Member Elizondo made a motion to amend the ordinance to allow the Ethics Commission 60 days to provide a recommendation and allow for an extension as needed. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting May 26, 2009 — Page 10 22. ORDINANCE NO. 028185 Ordinance amending Ordinance No. 028170 regarding conflicts of interest to suspend the effective date. 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 ". Mayor Adame opened discussion on Item 23 regarding the intention to issue Combination Tax and Revenue Certificates of Obligation. Interim Director of Financial Services Constance Sanchez explained that this item is a request for approval to publish a notice of intention to sell up to $8.5 million of certificates of obligation to help fund three existing City projects. Ms. Sanchez provided information on the publication requirements; a description of the projects; the financial team; and the fee schedule for financial advisor and bond counsel. Ms. Sanchez introduced Mark Seal with M.E. Allison and Don Gonzalez with Estrada Hinojosa & Company who were available to respond to questions. The following topics pertaining to this item were discussed: the original work performed on Holly Road; the contractor and construction inspectors for the Holly Road project; when the report on the warranty issues for Holly Road will be available; the scheduled completion date for the Holly Road project; the timeframe for the Bayfront Development Improvements; the reason the City is using Fulbright and Jaworski as Bond Counsel; revisiting the bond counsel contract; whether the City will use small aggregate rock on all projects; the seal coat problems near La Palmera Mall; the wind turbines included in the Bayfront Development project; whether the City can have multiple bond counsel contracts; the reason for issuing the certificate of obligation; and the four (4) additives to the Bayfront Development Improvements. Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the issuance of certificates of obligation without the approval of the taxpayers; the reason the City is not using the existing Bond 2004 funding or the fund balance to pay for the Bayfront project; consideration of a policy regarding the use of certificates of obligation; and the aggregate used on Ocean Drive. City Secretary Chapa polled the Council for their votes as follows: 23.a. RESOLUTION NO. 028186 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney voting "No ". Minutes — Regular Council Meeting May 26, 2009 — Page 11 23.b. MOTION NO. 2009 -147 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney voting "No ". Mayor Adame opened discussion on Item 24 regarding an amendment to the FY2009 Consolidated Annual Action Plan (CAAP). Director of Community Development Daniel Gallegos explained that when the Council adopted the CRAP plan on April 21s`, staff was only working on an estimated amount and did not have the final allocations. Mr. Gallegos reported that the CAAP plan has received an additional $40,942 in CDBG funds and $178,635 in HOME funds to allocate to existing projects recommended by City Council and listed the recommended projects. Mr. Gallegos added that staff was notified that the Costa Tarragona II Project was denied Low Income Tax Credits from the Texas Department of Housing and Community Affairs and recommends reallocating the Costa Tarragona II Project funding to the HOME Major Rehabilitation and Model Block programs. Mayor Adame called for comments from the audience. Dr. Gloria Scott spoke regarding the reallocation of funding to existing projects rather than looking at all of the projects. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 028187 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 241. MOTION NO. 2009 -148 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. 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 referred to Item 25 regarding a general overview on the proposed FY2009- 2010 Operating Budget. Interim Assistant City Manager Cindy O'Brien introduced Assistant City Manager Oscar Martinez, Assistant Budget Director Eddie Houlihan, and Interim Director of Financial Services Constance Sanchez who were available to respond to questions. Minutes — Regular Council Meeting May 26, 2009 — Page 12 Mr. Martinez referred to a powerpoint presentation on the five -year forecast including the seven year historical average of the revenues and expenditures for the general fund and the five - year forecast for the water, storm water, wastewater, and gas funds. Mr. Houlihan referred to a powerpoint presentation on the budget including an overview; fund structure; the distribution of revenues and expenditures by fund; the budget preparation process; and the document format. Ms. O'Brien spoke regarding the combined fund summary of revenues and expenditures by fund; summary and fund balance by fund type; history of net taxable values; historical tax rate; tax rate split; change in sales tax collections; general fund unreserved fund balance; proposed utility rate increases; creation of storm water rate; salary adjustments; and the proposed budget calendar. The following topics pertaining to this item were discussed: the beginning and projected ending balance of the general fund five -year forecast; if seal coating is always done prior to placing an overlay on streets; involving the police and firefighters associations to discuss recommendations on GASB45; projections for GASB45; the estimated percentage of general fund growth; whether the forecast includes the demographic factors in the community; other ways to fund street maintenance and improvements; cap of sales tax; whether all sales tax requires voter approval; a comprehensive maintenance street program; whether storm water charges will still be reflected on the utility bill; average interest rates on short and long term notes and the certificates of obligation; whether staff prepared a forecast model if the storm water rates do not pass; the appropriation in the storm water fund for the utility business office; the number of residential and commercial customers; storm water capital improvements; the allocation for the red light photo enforcement fund; beach cleaning; the decreased funding for the arts in the hotel occupancy tax (HOT) fund; the debt services for the HOT fund; the Convention and Visitors Bureau incentives; funding the arts through the general fund; revenues and expenditures in the debt service fund; the general fund unreserved fund balance; the proposed utility rate increase; the determination for impervious cover; and the percent increase in ad valorem and sales tax. Council Member Scott asked for information on the HOT fund and arts allocations for the last four years. Council Member Martinez asked staff to communicate with the arts organizations regarding the proposed decrease in funding. Council Member Scott requested information on the creation of the storm water fund and the bases for impervious cover. MayorAdame referred to Item 26 regarding an update on the progress of the Development Services Department. Interim Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including the primary customer service objectives; new versus existing service concepts; the March 2009 task list; survey results; improvement objectives; performance measurement; recent service improvements; further improvements; and timeline moving forward. George Arimes, Horizon Centre, spoke regarding the hiring of Horizon in 2005; worked performed during Phases 1 — 4; and the deliverables accomplished over the last three years to improve customer service and department processes. Mr. Arimes stated that the biggest challenges were employee turnover; keeping employees trained; and having consistent support for change. The following topics pertaining to this item were discussed: timeline for putting policies in places and implementing performance measures; procedures manual; completion of the Unified Development Code; staff turnover; the flexibility between commercial and residential construction; the loss of money due to the failure of the Development Services Department; MIS allocations; customer awareness of the changes occurring at Development Services; involvement of the Development Services Advisory Group (DSAG); council members calling random customers to receive customer input; and the consideration of having the Assistant City Manager of Development Services to have authority over engineering and legal issues. Minutes — Regular Council Meeting May 26, 2009 — Page 13 Mayor Adame returned to Item 13 regarding the consultant services contract with Horizon Centre. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2009 -145 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". The Council recessed for the annual meetings of the Corpus Christi Housing Finance Corporation (CCHFC), the Corpus Christi Industrial Development Corporation (CCIDC); and the Corpus Christi Community Improvement Corporation (CCCIC). Mayor Adame reconvened the regular Council meeting. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:38 p.m. on May 26, 2009. 2 a. CLEAN CITY ADVISORY COMMITTEE - One (1) vacancy with term to 07 -08 -10 representing the following category: Member of a local Chamber of Commerce. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concem in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. MEMBERS Paul A. Castorena (Educator) ** *Brenda Cuvelier (Chamber) Brian Cornelius (Hauler) Daiquiri Richard (Beautify), Chair Paige Dinn (Comm. at Large) John Elford (Comm. at Large) Teresa Klein (Comm. at Large) Mikell Smith (Comm at Large),Vice Joan Veith (Comm. at Large) Director of Neighborhood Services Director of Environmental Services TERM 07 -08 -10 07 -08 -10 07 -08 -10 07 -08 -09 07 -08 -10 07 -08 -09 07 -08 -11 07 -08 -09 07 -08 -10 Ex- officio, non- voting Ex- officio, non - voting ORIGINAL APPTD. DATE 07 -08 -08 08 -12 -08 07 -08 -08 07 -08 -08 07 -08 -08 07 -08 -08 02 -24 -09 07 -08 -08 07 -08 -08 (The Clean City Advisory Committee is recommending the new appointment of Aaron Castro. Also, the Committee is submitting the name of Cynthia Hopkins as an alternate recommendation.) INDIVIDUALS EXPRESSING INTEREST Scot McCampbell Barker Financial Advisor, Edward Jones Investment. Received Bachelor of Science in Kinesiology from Texas Lutheran University. Activities include: Westside Business Association, Christian Business Association, and Member Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Kris M. Cardona Aaron Castro Mike Garey Ken Hobbs, Jr. Cynthia Hopkins of Art Museum of South Texas. Recipient of Mayor's Community Service Award for Participation in Adopt Downtown 2008. (Chamber of Commerce) (2 -3 -09) Escrow Officer, Stewart Title of Corpus Christi. Activities include: Association of Realtors, Builders Association, and Bay Area Fellowship. (Chamber of Commerce) (5- 13 -09) Photo Journalist, KZTV 10. Currently Student at Texas A &M University - Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (Chamber of Commerce) (5- 11 -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. (Chamber of Commerce) (4- 22 -09) Assistant/Safety /Environmental Manager, H & H Iron and Metal, Inc. Attended OSHA and TCEQ Seminars Regarding Recycling and Environmental Impacts of Solid Waste. (Chamber of Commerce) (6 -3 -09) Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from the American University at Washington DC. Activities include: Cubmaster Pack 232, AWANA Commander, Sunday School Teacher, Homeschooling Organization of South Texas, and Kaffie Middle School PTA. Recipient of Silver Beaver Award South Texas Council Boy Scouts of America. (Chamber of Commerce) (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. (Chamber of Commerce) (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. (Chamber of Commerce) (3 -2 -09) b. COASTAL BEND COUNCIL OF GOVERNMENTS — Nine (9) vacancies with terms to 4- 30 -11. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. Alternate representatives may be designated for any of its regular representatives. The altemate for an elected official shall be an elected official. MEMBERS TERM Mayor Henry Garrett 4 -30 -09 Council Member Larry Elizondo 4 -30 -09 Council Member Bill Kelly 4 -30 -09 Council Member Michael McCutchon 4 -30 -09 George K. Noe, City Manager 4 -30 -09 Rudy Garza, Director of Government Affairs 4 -30 -09 Oscar Martinez, Assistant City Manager 4 -30 -09 Richard Hooks, Fire Chief 4 -30 -09 Margie Rose, Assistant City Manager 4 -30 -09 ALTERNATES Armando Chapa, City Secretary Yvonne Haag, Director of Neighborhood Services Angel Escobar, Interim Assistant City Manager (Note: City Manager Angel R. Escobar is recommending the reappointments of Rudy Garza, Oscar Martinez, Richard Hooks, and Margie Rose. He is also recommending himself to replace George K. Noe. His recommendations for alternate representatives are Armando Chapa, Lawrence Mikolajczyk, Solid Waste Services and Pat Eldridge, Corpus Christi Police Department.) c. COMMISSION ON CHILDREN AND YOUTH — Five (5) vacancies with terms to 5- 1-12 representing the following categories: 1- Health, 1 -At Large, 1 -Youth Services, 1- Legal, and 1— District Attorney's Office. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organization "s. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD. DATES *Debbie Espinosa (Health) 5 -01 -09 8 -12 -08 *Miles Toren (At Large) 5 -01 -09 9 -20 -05 Amanda Stukenberg (At Large) 5 -01 -10 6 -08 -04 Rosa M. Gonzalez (Social Services) 5 -01 -11 5 -13 -08 Robert Mirabal, Jr. (Religion) 5 -01 -10 5 -13 -08 Laura Spear Smith (Business) 5 -01 -11 5 -17 -05 *Guy Nickelson (Youth Services) 5 -01 -09 11 -08 -05 Mary Jane Garza (Education), Chair 5 -01 -10 6 -13 -06 Lorenzo Knowles (At Large) 5 -01 -11 8 -12 -08 Isaac Valencia (Law Enforcement) 5 -01 -11 5 -13 -08 *Fran Willms (Legal) 5 -01 -09 9 -25 -07 Chandace Tryon (Youth Rep.) 5 -01 -10 10 -14 -08 *Rita Morales (D.A.'s Office), Vice -Chair 5 -01 -09 9 -12 -06 Capt. Johnny Oelschlegel (Sheriffs Office) 5 -01 -10 3 -11 -08 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 (The Commission on Children and Youth is recommending the reappointments of Debbie Espinosa (Health), Miles Toren (At Large), Guy Nickelson (Youth Services), Fran Willms (Legal), and Rita Morales (District Attorney's Office). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Debbie Espinosa (Health) 8 8 100% Miles Toren (At Large) 11 6 (5 exc) 55% Guy Nickelson (Youth Serv) 11 8 (3 exc) 73% Fran Willms (Legal) 11 10 (1 exc) 91% Rita Morales (D.A.'s Office) 11 7 (4 exc) 64% OTHER INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Angela Cantu Susie Crowson Elisha R. Dickerson III Thomas E. Dreyer Norma Franklin Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: 21 S` Century Mentor, Church, CasaVolunteer, and It's a Girl Thing. (At Large) (4- 22 -09) Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (At Large) (4- 20 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (At Large) (4- 29 -09) 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. (At Large) (5 -5 -09) Served in the United States Army Reserve. Received B.A. in Psychology from University of Texas at Arlington and M.A. in Special Education from University of Texas at Austin. Currently Serves on the Committee for Persons with Disabilities. Member of the Veterans Band of Corpus Christi. (At Large) (4- 20 -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. (At Large) (4- 13 -09) Dr. Ridge Hammons President, Hammons Education Leadership Programs (HELP). Received PhD in Educational Psychology, Masters in Educational Administration, and Bachelors in Music and Psychology. Activities include: Boy Scouts of America — Executive Board, New Life Prison Ministries, Operation Clean Sweep Board, Mayor's Advisory Council, and Eastern European Missions. Graduate of Leadership Corpus Christi XXXV. Recipient of Make a Difference Day National Award, "Extra Miler" Award from Boy Scouts, and Junior League Community Volunteer Award. (At Large) (5 -5 -09) Ida Alvarado Hobbs Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (Health or At Large) (4- 22 -09) Eric Holguin Currently Student at Texas A &M University - Corpus Christi. Activities include: Beta Theta Pi Fraternity, Presidents Ambassador, Student Representative, Student Government Association and Homecoming Committee. (At Large) (3 -9 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (At Large) (6 -4 -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. (At Large) (5- 18 -09) Judith Labeck Received B.A. from Seattle University, Seattle, Washington, Master of Social Work (MSW) and Master of Healthcare Administration from University of Minnesota, Minneapolis Minnesota. Activities include: Former Member of City of Plymouth Minnesota Human Rights Commission. (Health or At Large) (4- 20 -09) Belinda Mendiola Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (Youth Services or At Large) (10- 30 -08) Joel S. Mumphord Gerard Navarro, Jr. Arthur J. Valdez Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (At Large) (5- 21 -09) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (At Large) (5- 14 -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. (At Large) (1- 30 -09) d. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — One (1) vacancy with term to 8- 31 -10. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members Of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program, or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Fr. Peter Martinez (78415 Res.), Vice Chair 8 -31 -10 2 -19 -08 Katie Ann Childs (78415 Resident) 8 -31 -10 2 -24 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 * * * *Venessa Santos -Garza 8 -31 -10 8 -12 -08 Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -09 1 -16 -07 Rick Greenfield 8 -31 -11 2 -24 -09 Diana Mesa, Chair (78415 Resident) 8 -31 -09 5 -24 -05 Jim Boller III 8 -31 -10 2 -19 -08 Nadia Contreras (Youth) 8 -31 -10 11 -18 -08 Xiao Bohannon (Youth) 8 -31 -09 11 -18 -08 INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: 21s` Century Mentor, Church, CasaVolunteer, and It's a Girl Thing. (4- 22 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Christina Cisneros Jeremy Coleman William Paul Hunt Sandra L. Jackson Maria Clarissa Lopez Belinda Mendiola Gerard Navarro, Jr. 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) 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) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) 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. (5- 21 -09) Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (5 -28- 09) Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (10- 30 -08) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Rosa E. Pizzi Norma Solis Steve Trubatisky Angelia Valencia 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. (2 -9 -09) Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (5- 28 -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) 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. (12 -5 -08) e. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — One (1) vacancy with term to 07 -12 representing the following category: Agent, Employee, or Tenant of District. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an - owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07 -12 08 -21 -01 Eloy Salazar (PO), Chair 07 -10 07 -27 -04 George Clower (A/E/T) 07 -10 07 -15 -08 Wayne Lundquist (A/E/T) 07 -12 08 -22 -00 Wes Hoskins (PO) 07 -12 08 -22 -00 Mark Adame (A/E/T) 07 -10 08 -22 -00 Les Cassidy (PO) 07 -10 07 -27 -04 Tracy Long (PO) 07 -10 08 -21 -07 Harry Lee Chester, Jr. (PO) 07 -10 08 -22 -06 David Loeb (A/E/T) 07 -10 08 -21 -07 Anna Vasquez (A/E/T) 07 -10 07 -27 -04 Willard Hammonds, II (PO), Vice Chair 07 -12 07 -27 -04 ** *Bill Durrill (A/E/T) 07 -12 06 -10 -03 Dan Richter (PO) 07 -10 09 -11 -01 Chad Magill (A/E/T) 07 -12 08 -22 -06 R - Resident of District PO Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E/T - Agent, Employee or Tenant of one of the above Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Corpus Christi Downtown Management District is recommending the new appointment of Erik Ward (A/E/T). Erik Ward Vice President, Parking Company of America, Parking Systems of America, and Belclaire Investment Corporation. Graduate of Texas A &M University - College Station. (A/E/T) (6 -4 -09) f. ETHICS COMMISSION — One (1) vacancy with term to 10- 01 -11. (Requires 2/3 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two- thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. ORIGINAL MEMBERS TERM APPTD. DATE Linda Figueroa 10 -01 -09 05 -10 -05 Harlan Heitkamp 10 -01 -09 11 -11 -03 ** *Randall Barrera 10 -01 -11 12 -09 -08 Rebecca Esparza 10 -01 -11 10 -14 -08 Laura Hebert 10 -01 -10 11 -13 -07 Joe Guzman 10 -01 -09 10 -14 -03 Rick Marcantonio 10 -01 -10 12 -14 -04 Robert N. Corrigan. 10 -01 -10 10 -14 -03 James Richard Cramer, Chair 10 -01 -11 10 -14 -03 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Ethics Commission is recommending the new appointment of Melvin Bohannon.) INDIVIDUALS EXPRESSING INTEREST Melvin Bohannon Aaron Castro Kathleen C. Cooper Ariana Cordero Servando R. Dimas Mike Garey Retired, Senior Human Resources Analyst, 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) Photo Journalist, KZTV 10. Currently Student at Texas A &M University - Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (5- 11 -09) 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) Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (10/3/08) 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) 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) Jack Gordy Retired military. High school graduate plus one year at Del Mar College. (4- 13 -09) Coretta Graham, Esq. Chris Hamilton William Paul Hunt William M. Kramer, Jr. 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. (4- 24 -09) Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. (12- 10 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (5- 28 -09) Maria Clarissa Lopez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (5 -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) Peter G. Melve 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) Gerard Navarro, Jr. Keith Parker Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. (4- 23 -09) Abel A. Sanchez Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -16- 09) Stefany Tegeler Schade Self - Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Joy Ohler Stevens William Strawn Sean M. Thorson Emest M. Trevino, Jr. Steve Trubatisky Arthur J. Valdez Retired. Cashier at Safeway /Vons. Activities include: Volunteer at Heritage Park, Habitat for Humanity, and American Sailing Association. (4- 17 -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) Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University, University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno -King Youth Club. (6- 2-09) 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 Good Conduct Medal, United States Air Force. (12- 26 -08) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -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) Angelia Valencia 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. (12 -5 -08) 3 Requested Council Action: 6/16/09 Alternate Date: 6/23/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and Master Lease Agreement No. 6458214 for an estimated expenditure of $1,147,572.45. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY08 -09 and have been requested for FY09 -2010. Purpose: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout the year. Some laptops serve as combination units in that a docking station is used in conjunction with the laptop for office use. One City configured desktop computer, two configurations of laptops and various server configurations are covered under the lease. New configurations may be added throughout the term of the lease as provided under the contract. This lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) providing a disposal process for old computer equipment, 3) spreading the costs associated with acquiring computer equipment over the lease period and 4) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. All these objectives have been met and continue to be pursued with all computer users throughout the City. This lease represents a newly negotiated Master Lease Agreement (MLA) with Dell Financial Services (Dell). The agreement is based on the Texas Department of Information Resources (DIR) contract No. DIR -SDD -890. Under the DIR contract, Dell computer is able to lease computer equipment to the City at pre - negotiated discounted pricing. This lease will encompass other computer equipment that the City will need over the contract period including servers, printers, projectors and related equipment. Pricing for the additional equipment will be established at the time the equipment is needed, in compliance with DIR pricing. Dell is a frontrunner in the industry. They not only provide very reliable computers, but have also hosted training sessions for City technicians to obtain the knowledge and skills necessary for Dell Certification. Dell offers the City expedited service and the City can requisition parts directly from the manufacturer. Dell also maintains licensing records for all software purchased under the contract. Requested Council Action: 6/16/09 Alternate Date: 6/23/09 Award Basis: State of Texas Cooperative Purchasing Program — Department of Information Resources Contract No. DIR- SDD -890. Funding: Monies are budgeted in the 530180 expense account (non- capital lease payments) of the various •operational budgets of the requesting departments. Various City Departments - 530180 FY08 -09 $95,631.04 (1 month) The desktop computers and servers will be leased for a forty -eight month term. The laptop computers will 'be leased for a thirty -six (36) month term. The decision to lease the laptops for a 36 month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. The contract is established under the supply agreement model of procurement. The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the twelve -month term of the contract, if all 400 desktop computers, 200 laptop computers and 44 servers are ordered, the City will obligate to the $1,147,572.45 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. Michael :. era Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com 0 0 0 o 2E \ -( $1,147 572.45 GRAND TOTAL: txtenaea Price oi N to 69 co to 05 at r- Hewlett- Packard Company Murray Hill, NJ (DIR Contract No. DIR- SDD -22 Months I CO CO CO payment payment each total \ E » ( v. E i E t-\ ]! \ / Li) k o cra E Dell Financial Services Round Rock. Texas (DIR Contract No. DIR -SDC Months 00 0 CO Monthly Monthly payment payment each total co \ o a S E 8 a 0, E C9 a' = Ea\ co I fa E ! § co co 0 ; 5 ® ro p 2 ( #® \ k } } \ CO 2 •]kcoc §)�\`%!i§ §��! \/k �° m §=,! \§$@,2■! « N \ } \ J , .5co(It ^\®) ( (,)! #§`� °� »E;#!« \§ ■e£#!■# ! ■ a $1,147 572.45 GRAND TOTAL: DOLL 1 Financial Services EFFECTIVE DATE: March 25, 2009 MASTER LEASE AGREEMENT NO. 6458214 LESSOR: DELL FINANCIAL SERVICES L.L.C. Payment Address: Payment Processing Center 4319 Collection Center Dr. Chicago, IL 60693 LESSEE: Principal Address: City of Corpus Christi Texas 1201 Leopard St. Corpus, Christi, Texas 78401 Fax: Attention: This Master Lease Agreement (this "Agreement "), effective as of the Effective Date set forth above, is between the Lessor and Lessee named above. Capitalized terms have the meaning set forth in this Agreement. 1. LEASE. (a) Lessor hereby leases to Lessee and Lessee hereby leases the equipment ( "Products "), Software (defined below), and services or fees, where applicable, as described in any lease schedule ( "Schedule "). Each Schedule shall incorporate by reference the terms and conditions of this Agreement and contain such other terms as are agreed to by Lessee and Lessor. Each Schedule shall constitute a separate lease of Products ( "Lease "). In the event of any conflict between the terms of a Schedule and the terms of this Agreement, the terms of the Schedule shall prevail. Lessor reserves all tights to the Products not specifically granted to Lessee in this Agreement or in a Schedule. Execution of this Agreement does not create an obligation of either party to lease to or from the other. (b) Administration under DIR Contract No. DIR -SDD -890. (i) For requests involving the leasing of Products, each potential Lessee will submit its request directly to the Lessor. Lessor shall apply the then current Product pricing discounts as stated within Section 4 of the DIR Contract No. DIR -SDD -890 or the price as agreed upon by Lessee and Lessor, whichever is lower. Lessor shall submit the lease proposal and all other applicable documents directly to the potential Lessee and negotiate the Schedule terms directly with the potential Lessee. (H) All leasing activities in conjunction to this MLA shall be treated as a "purchase sale" in regards to solely the requirements of the Lessor to report the sale and make payment of the DIR administrative fee as defined within Section 5 of the DIR Contract No. DIR - SDD -890. (iii) Upon agreement by Lessor and Lessee on pricing, availability and the like, Lessee may issue a purchase order in the amount indicated on the Schedule to Lessor for the Products and reference said DIR Contract No. DIR -SDD -890 on the purchase order. Any pre - printed terms and conditions on the purchase order submitted by the Lessee shall not be effective with respect to the lease of Products hereunder. Rather, the terms and conditions of this MLA and applicable Schedule terms and conditions shall control in all respects. (iv) Nothing herein shall require the Lessor to use this MLA exclusively with Lessees. Further, this MLA shall not constitute a requirements Agreement and Lessor shall not be obligated to enter into any Schedule for the lease of Products with any Lessee. 2. ACCEPTANCE DATE; SCHEDULE. (a) Subject to any right of return provided by the Product seller ( "Seller ") named on the Schedule, Products are deemed to have been irrevocably accepted by Lessee upon delivery to Lessee's ship to location ( "Acceptance Date "). Lessee shall be solely responsible for unpacking, inspecting and installing the Products. (b) Lessor shall deliver to Lessee a Schedule for Products. Lessee agrees to sign or otherwise authenticate (as defined under the Uniform Commercial Code, "UCC ") and return each Schedule by the later of the Acceptance Date or five (5) days after Lessee receives a Schedule from Lessor. If the Schedule is not signed or otherwise authenticated by Lessee within the time provided in the prior sentence, then upon written notice from Lessor and Lessee's failure to cure within five (5) days of such notice, Lessor may require the Lessee to purchase the Products by paying the Product Cost DIR.DFS Public MLA —Texas DIR9 Page charged by the Seller, plus any shipping charges, Taxes or Duties (defined below) and interest at the Overdue Rate accruing from the date the Products are shipped through the date of payment. If Lessee returns any leased Products in accordance with the Seller's return policy, it will notify Lessor. When Lessor receives a credit from the Seller for the returned Product, the Schedule will be deemed amended to reflect the return of the Product and Lessor will adjust its billing records and Lessee's invoice for the applicable Lease. In addition, Lessee and Lessor agree that a signed Schedule may be amended by written notice from Lessor to Lessee provided such notice is (i) to correct the serial (or service tag) number of Products or (ii) to adjust the related Rent (defined below) on the Schedule (any increase up to 15% or any decrease) caused by any change made by Lessee in Lessee's order with the Seller. 3. TERM. The initial term (the "Primary Term ") for each Lease shall begin on the date set forth on the Schedule as the Commencement Date (the "Commencement Date "). The period beginning on the Acceptance Date and ending on the last day of the Primary Term, together with any renewals or extensions thereof, is defined as the "Lease Term. The Lease is non - cancelable by Lessee, except as expressly provided in Section 5. 4. RENT; TAXES; PAYMENT OBLIGATION. (a) The rental payment amount ( "Rent "), and the payment period for each installment of Rent ( "Payment Period ") shall be stated in the Schedule. A prorated portion of Rent calculated based on a 30day month, 90-day quarter or 360 -day year (as appropriate) for the period from the Acceptance Date to the Commencement Date shall be added to the first payment of Rent. All Rent and other amounts due and payable under this Agreement or any Schedule shall be paid to Lessor in lawful funds of the United States of America at the payment address for Lessor set forth above or at such other address as Lessor may designate in writing from time to time. Whenever Rent and other amounts payable under a Lease are not paid when due, Lessee shall pay interest on such amounts at a rate equal to the lesser of 1% per month or the highest such rate permitted by applicable law ( "Overdue Rate "). Rent shall be due and payable whether or not Lessee has received an invoice showing such Rent is due. Late charges and reasonable attorneys fees necessary to recover Rent and other amounts owed hereunder are considered an integral part of this Agreement. (b) EACH LEASE SHALL BE A NET LEASE. In addition to Rent, Lessee shall pay sales, use, excise, purchase, property, added value or other taxes, fees, levies or assessments lawfully assessed or levied against Lessor or with respect to the Products and the Lease ( "collectively "Taxes "), and customs, duties or surcharges on imports or exports (collectively, "Duties "), plus all expenses incurred in connection with Lessor's purchase and Lessee's use of the Products, including but not limited to shipment, delivery, installation, and insurance. Unless Lessee provides Lessor with a tax exemption certificate acceptable to the relevant taxing authority prior to Lessor's payment of such Taxes, Lessee shall pay to Lessor all Taxes and Duties upon demand by Lessor. Lessor may, at its option, invoice Lessee for estimated personal property tax with the Rent Payment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Products. (c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE AND TO OTHERWISE PERFORM AS REQUIRED UNDER THIS AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SET- OFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER WHETHER ARISING 1 of 5 OUT OF ANY CLAIMS BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE SUPPLIER OR MANUFACTURER OF THE PRODUCTS, TOTAL OR PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR POSSESSION, OR OTHERWISE. If any Product is unsatisfactory for any reason Lessee shall make its claim solely against the Seller of such Product (or the Licensor in the case of Software, as defined below) and shall nevertheless pay Lessor or its assignee all amounts due and payable under the Lease. 5. APPROPRIATION OF FUNDS. (a) Lessee intends to continue each Schedule for the Primary Term and to pay the Rent and other amounts due. thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Primary Term can be obtained and agrees to do all things lawfully within its power to obtain and maintain funds from which the Rent and other amounts due may be paid. (b) Lessee may terminate a Schedule in whole, but not in part by giving at least sixty (60) days notice prior to the end of the then current Fiscal Period (as defined in the Lessee's Secretary/Clerk's Certificate provided to Lessor) certifying that: (1) sufficient funds were not appropriated and budgeted by Lessee's governing body or will not otherwise be available to continue the Lease beyond the current Fiscal Period; and (2) that the Lessee has exhausted all funds legally available for payment of the Rent beyond the current Fiscal Period. Upon termination of the Schedule, Lessee's obligations under the Schedule (except those that expressly survive the end of the Lease Term) and any interest in the Products shall cease and Lessee shall surrender the Products in accordance with Section 6. Notwithstanding the foregoing, Lessee agrees that, without creating a pledge, lien or encumbrance upon funds available to Lessee in other than its current Fiscal Period, it will use its best efforts to take all action necessary to avoid termination of a Schedule, including making budget requests for each Fiscal Period during each applicable Lease Term for adequate funds to meet its Lease obligations and to continue the Schedule in force. (c) Lessor and Lessee intend that the obligation of Lessee to pay Rent and other amounts due under a Lease constitutes a current expense of Lessee and is not to be construed to be a debt in contravention of any applicable constitutional or statutory limitation on the creation of indebtedness or as a pledge of funds beyond Lessee's current Fiscal Period. 8. LICENSED MATERIALS. Software means any operating system software or computer programs included with the Products (collectively, "Software "). "Licensed Materials' are any manuals and documents, end user license agreements, evidence of licenses, including without limitation, any certificate of authenticity and other media provided in connection with such Software, all as delivered with or affixed as a label to the Products. Lessee agrees that this Agreement and any Lease (including the sale of any Product pursuant to any purchase option) does not grant any title or interest in Software or Licensed Materials. Any use of the terms "sell," "purchase," "license," "lease," and the like in this Agreement or any Schedule with respect to Licensed Materials shall be interpreted in accordance with this Section 6. 7. USE; LOCATION; INSPECTION. Lessee shall (a) comply with all terms and conditions of any Licensed Materials and (b) possess and operate the Products only (1) in accordance with the Seller's supply contract and any service provider maintenance and operating manuals, documentation and applicable laws; and (ii) for the business purposes of Lessee. Lessee agrees not to move Products from the location(s) specified in the Schedule without providing Lessor with at least 30 days prior written notice, and then only to a location within the continental United States and at Lessee's expense. Without notice to Lessor, Lessee may temporarily use laptop computers at other locations, including outside the United States, provided Lessee complies with the United States Export Control Administration Act of 1979 and the Export Administration Act of 1985, as those Acts are amended from time to time (or any successor or similar legislation). Provided Lessor complies with Lessee's reasonable security requirements, Lessee shall allow Lessor to inspect the premises where the Products are located from time to time during reasonable hours after reasonable notice in order to confirm Lessee's compliance with its obligations under this Agreement. 8. RETURN. At the expiration or earlier termination of any Schedule, and except fo Products purchased pursuant to any purchase option under the Lease, if any Lessee will (a) remove all proprietary data from the Products; and (b) return DIR•DFS Public MLA — Texas D1R9 Page them to Lessor at a place within the contiguous United States designated by Lessor. Upon return of the Products, Lessee's right to the operating system Software in returned Products will terminate and Lessee will return the Products with the original certificate of authenticity (attached and unaltered) for the original operating system Software. Lessee agrees to deinstall and package the Products for return in a manner which will protect them from damage. Lessee shall pay all costs associated with the packaging and return of the Products and shall promptly reimburse Lessor for all costs and expenses for missing or damaged Products or operating system Software. If Lessee fails to return all of the Products at the expiration of the Lease Term or earlier termination (other than for non - appropriation) in accordance with this Section the Lease Term with respect to the Products that are not returned shall continue to be renewed as described in the Schedule. 9. RISK OF LOSS; MAINTENANCE; INSURANCE. (a) From the time the Products are delivered to Lessee's ship to location until the Products are returned to Lessor's designated retum location or purchased by Lessee, Lessee agrees: (i) to assume the risk of loss or damage to the Products; (ii) to maintain the Products in good operating condition and appearance, ordinary wear and tear excepted, (iii) to comply with all requirements necessary to enforce all warranty rights; and (iv) to promptly repair any repairable damage to the Products. For the Lease Term, Lessee shall ensure that the Products are covered by a manufacturer approved maintenance agreement or, with Lessor's prior consent, are self- maintained in accordance with the standards set forth herein. At all times, Lessee shall provide the following insurance: (x) casualty loss insurance for the Products for no less than the Stipulated Loss Value (defined below) naming Lessor as a loss payee: (y) liability insurance with respect to the Products for no less than an amount as required by Lessor, with Lessor named as an additional insured; and (z) such other insurance as may be required by law which names Lessee as an insured and Lessor as an additional insured. Upon Lessor's prior written consent, Lessee may provide this insurance pursuant to Lessee's existing self insurance policy or as provided for under state law. Lessee shall provide Lessor with either an annual certificate of third party insurance or a written description of its self insurance policy or relevant law, as applicable. The certificate of insurance will provide that Lessor shall receive at least ten (10) days prior written notice of any material change to or cancellation of the insurance policy or Lessee's self- insurance program, if previously approved by Lessor. If Lessee does not give Lessor evidence of insurance in accordance with the standards herein, Lessor has the right, but not the obligation, to obtain such insurance covering Lessor's interest in the Products for the Lease Term, including renewals. If Lessor obtains such insurance, Lessor will add a monthly, quarterly or annual charge (as appropriate) to the Rent to reimburse Lessor for the insurance premium and Lessor's then current insurance administrative fee. (b) If the Products are lost, stolen, destroyed, damaged beyond repair or in the event of any condemnation, confiscation, seizure or expropriation of such Products ( "Casualty Products"), Lessee shall promptly (i) notify Lessor of the same and (ii) pay to Lessor the Stipulated Loss Value for the Casualty Products. The Stipulated Loss Value is an amount equal to the sum of (a) all Rent and other amounts then due and owing (including interest at the Overdue Rate from the due date until payment is received) under the Lease, plus (b) the present value of all future Rent to become due under the Lease during the remainder of the Lease Term, plus (c) the present value of the estimated in place Fair Market Value of the Product at the end of the Primary Term as determined by Lessor; plus (d) all other amounts to become due and owing during the remaining Lease Term. Unless priced as a tax- exempt Schedule, each of (b) and (c) shall be calculated using the federal funds rate target reported in the Wall Street Journal on the Commencement Date of the applicable Schedule. The discount rate applicable to tax - exempt Schedules shall be federal funds rate target reported in the Wall Street Journal on the Commencement Date of the applicable Schedule less 100 basis points. 10. ALTERATIONS. Lessee shall, at its expense, make such alterations to the Products during the Lease Term as are legally required or provided at no charge by Seller. Lessee may make other alterations, additions or improvements to the Products provided that any alteration, addition or improvement shall be readily removable and shall not materially impair the value or utility of the Products. Upon the return of any Product to Lessor, any alteration, addition or improvement that is not removed by Lessee shall become the property of Lessor free and clear of all liens and encumbrances. 11. REPRESENTATIONS AND WARRANTIES OF LESSEE. r Lessee represents, warrants and covenants to Lessor and will provide to Lessor at Lessor's request all documents deemed necessary or appropriate by Lessor, including Certificates of Insurance, financial statements, Secretary or 2 of 5 Clerk Certificates, essential use information or documents (such as affidavits, notices and similar instruments in a form satisfactory to Lessor) and Opinions of Counsel On substantially such form as provided to Lessee by Lessor and otherwise satisfactory to Lessor) to the effect that, as of the time Lessee enters into this Agreement and each Schedule that: (a) Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or constitutional provisions of its state and is a state or political subdivision thereof as described in Section 103(a) of the Intemal Revenue Code of 1986, as amended, and the regulations promulgated thereunder as in effect and applicable to the Agreement or any Schedule, with full power and authority to enter into this Agreement and any Schedules and perform all of its obligations under the Leases; (b) This Agreement and each Schedule have been duly authorized, authenticated and delivered by Lessee by proper action of its governing board at a regularly convened meeting and attended by the requisite majority of board members, or by other appropriate official authentication, as applicable, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement against Lessee; (c) This Agreement and each Schedule constitute the valid, legal and binding obligations of Lessee, enforceable in accordance with their terms; (d) No other approval, consent or withholding of objection is required from any federal, state or local governmental authority or instrumentality with respect to the entering into or performance by Lessee of the Agreement or any Schedule and the transactions contemplated thereby; (e) Lessee has complied with such public bidding requirements and other state and federal laws as may be applicable to the Agreement and any Schedule and the acquisition by Lessee of the Products; (f) The entering into and performance of the Agreement or any Schedule will not (i) violate any judgment, order, law or regulation applicable to Lessee; (ii) result in any breach of, or constitute a default under, any instrument to which the Lessee is a party or by which it or its assets may be bound; or (iii) result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Lessee or on the Products, other than those created pursuant to this Agreement; (g) There are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting Lessee, nor to the best of Lessee's knowledge and belief is there any basis therefor, which if determined adversely to Lessee will have a material adverse effect on the ability of Lessee to fulfill its obligations under the Agreement or any Schedule; (h) The Products are essential to the proper, efficient and economic operation of Lessee or to the services which Lessee provides to its citizens. Lessee expects to make immediate use of the Products, for which it has an immediate need that is neither temporary nor expected to diminish during the applicable Lease Term. The Products will be used for the sole purpose of performing one or more of Lessee's governmental or proprietary functions consistent within the permissible scope of Lessee's authority; and (i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds to make all Rent payments and other obligations under this Agreement and any Schedule during the current Fiscal Period, and such funds have not been expended for other purposes. 12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATIONS ON LIABILITY; FINANCE LEASE. (a) Provided no Event of Default has occurred and is continuing, Lessor assigns to Lessee for the Lease Term the benefit of any Product warranty and right of retum provided by any Seller. (b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT, MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THAT LESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON STATEMENTS MADE BY LESSOR OR ITS AGENTS. LESSOR LEASES THE PRODUCTS AS -IS AND MAKES NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES ANY CLAIM IT MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEE FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY OR WITH RESPECT TO ANY PRODUCTS. (c) IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL, OIR.DFS Public MLA —Texas DIR9 Page SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SCHEDULE OR THE SALE, LEASE OR USE OF ANY PRODUCTS EVEN IF LESSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES AND EVEN IF LESSEE ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. (d) Lessee agrees that it is the intent of both parties that each lease qualify as a statutory finance lease under Article 2A of the UCC. Lessee acknowledges either (i) that Lessee has reviewed and approved any written supply contract covertng the Products purchased from the Seller for lease to Lessee or (ii) that Lessor has informed or advised Lessee, in writing, either previously or by this Agreement, that Lessee may have rights under the supply contract evidencing the purchase of the Products and that Lessee should contact the Seller for a description of any such rights. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LESSEE HEREBY WAIVES ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC. 13. EVENTS OF DEFAULT. It shall be an event of default hereunder and under any Schedule ( "Event of Default') if: (a) Lessee fails to pay any Rent or other amounts payable under this Agreement or any Schedule within 15 days after the date such payment is due; (b) Any representation or warranty made by Lessee to Lessor in connection with this Agreement, any Schedule or any other Documents is at the time made materially untrue or incorrect; (c) Lessee fails to comply with any other obligation or provision of this Agreement or any Schedule and such failure shall have continued for 30 days after notice from Lessor; (d) Lessee (i) is generally not paying its debts as they become due or (ii) takes action for the purpose of invoking the protection of any bankruptcy or insolvency law, or any such law is invoked against or with respect to Lessee or its property and such petition is not dismissed within 60 days; (e) Any provision of this Agreement ceases to be valid and binding on Lessee, is declared null and void, or its validity or enforceability is contested by Lessee or any governmental agency or authority whereby the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee denies any further liability or obligation under this Agreement; or (f) Lessee is in default under any other lease, contract, or obligation now existing or hereafter entered into with Lessor or Seller or any assignee of Lessor. 14. REMEDIES; TERMINATION. (a) Upon an Event of Default under any Schedule, all of Lessee's rights (including its rights to the Products), but not its obligations thereunder, shall automatically be canceled without notice and Lessor may exercise one or more of the following remedies in its sole discretion: (i) require Lessee to return any and all such Products in accordance with Section 8, or if requested by Lessor, to assemble the Products in a single location designated by Lessor and to grant Lessor the right to enter the premises where such Products are located (regardless of where assembled) for the purpose of repossession; (ii) sell, lease or otherwise dispose of any or all Products (as agent and attomey -in -fact for Lessee to the extent necessary) upon such terms and in such manner (at public or private sale) as Lessor deems advisable in its sole discretion ( "Disposition "); (iii) declare immediately due and payable as a pre-estimate of liquidated damages for loss of bargain and not as a penalty, the Stipulated Loss Value of the Products in lieu of any further Rent, in which event Lessee shall pay such amount to Lessor within 10 days after the date of Lessor's demand; or (iv) proceed by appropriate court action either at law or in equity (including action for specific performance) to enforce the performance by Lessee or recover damages associated with such Event of Default or exercise any other remedy available to lessor in law or in equity. (b) Lessee shall pay all costs and expenses arising or incurred by Lessor, including reasonable attorney fees, in connection with or related to an Event of Default or the repossession, transportation, re- furbishing, storage and Disposition of any or all Products ("Default Expenses "). In the event Lessor recovers proceeds (net of Default Expenses) from its Disposition of the 3 of 5 Products, Lessor shall credit such proceeds against the owed Stipulated Loss Value. Lessee shall remain liable to Lessor for any deficiency. With respect to this Section, to the extent the proceeds of the Disposition (net of Default Expenses) exceed the Stipulated Loss Value owed under the Lease. or Lessee has paid Lessor the Stipulated Loss Value, the Default Expenses and all other amounts owing under the Lease, Lessee shall be entitled to such excess and shall have no further obligations with respect to such Lease. All rights of Lessor are cumulative and not alternative and may be exercised by Lessor separately or together. 15. QUIET ENJOYMENT. Lessor shall not interfere with Lessee's right to possession and quiet enjoyment of Products during the relevant Lease Term, provided no Event of Default has occurred or is continuing. Lessor represents and warrants that as of the Commencement Date of the applicable Schedule, Lessor has the right to lease the Products to Lessee. 16. INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify, defend and hold Lessor, its assignees, and their respective officers, directors, employees, representatives and agents harmless from and against, all claims, liabilities, costs or expenses, including legal fees and expenses (collectively, "Claims "), arising from or incurred in connection with this Agreement, any Schedule, or the selection, manufacture, possession, ownership, use, condition, or return of any Products (including Claims for personal injury or death or damage to property, and to the extent Lessee is responsible, Claims related to the subsequent use or Disposition of the Products or any data in or alteration of the Products. This indemnity shall not extend to any loss caused solely by the gross negligence or willful misconduct of Lessor. Lessee shall be responsible for the defense and resolution of such Claim at its expense and shall pay any amount for resolution and all costs and damages awarded against or incurred by Lessor or any other person indemnified hereunder; provided, however, that any person indemnified hereunder shall have the right to participate in the defense of such Claim with counsel of its choice and at its expense and to approve any such resolution. Lessee shall keep Lessor informed at all times as to the status of the Claim. 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS. As between Lessor and Lessee, title to the Products (other than the Licensed Materials) is and shall remain with Lessor. Products are considered personal property and Lessee shall, at Lessee's expense, keep the Products free and clear of liens and encumbrances of any kind (except those arising through the acts of Lessor) and shall immediately notify Lessor if Lessor's interest is subject to compromise. Lessee shall not remove, cover, or alter plates, labels, or other markings upon Products by Lessor, Seller or any other supplier. 18. NON - PERFORMANCE BY LESSEE. If Lessee shall fail to perform any of its obligations hereunder or under any Schedule, Lessor shall have the right but not the obligation to effect such performance and Lessee shall promptly reimburse Lessor for all out of pocket and other reasonable expenses incurred in connection with such performance, with interest at the Overdue Rate. 19. NOTICES. All notices shall be given in writing and, except for billings and communications in the ordinary course of business, shall be delivered by overnight courier service, delivered personally or sent by certified mail, retum receipt requested, and shall be effective on the date of receipt unless mailed, in which case the effective date will be four (4) Business Days after the date of mailing. Notices to Lessor by Lessee shall be sent to: Dell Financial Services L.P., Legal Department, One Dell Way, Round Rock, TX 78682 or such other mailing address designated in writing by Lessor. Notice to Lessee shall be to the address on the first page of this Agreement or such other mailing address designated in writing by Lessee. 20. ASSIGNMENT. (a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE, OR SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTEN CONSENT OF LESSOR (SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD). LESSOR, AT ITS SOLE DISCRETION, MAY ASSESS AN ADMINISTRATIVE FEE FOR ANY APPROVED ASSIGNMENT OR SUBLEASE. No assignment or sublease shall in any way discharge Lessee's obligations to Lessor under this Agreement or Schedule. (b) Lessor may at any time without notice to Lessee, but subject to the rights of Lessee, transfer, assignor grant a security interest in any Product, this DIR.DFS Public MLA — Texas DIR9 Page Agreement, any Schedule, or any rights and obligations hereunder or thereunder in whole or in part. Lessee hereby consents to such assignments, agrees to comply fully with the terms thereof, and agrees to execute and deliver promptly such acknowledgments. opinions of counsel and other instruments reasonably requested to effect such assignment. (c) Subject to the foregoing, this Agreement and each Schedule shall be binding upon and inure to the benefit of Lessor, Lessee and their successes and assigns. 21. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL. THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY TEXAS LAW WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. LESSEE CONSENTS TO THE JURISDICTION OF ANY FEDERAL COURT LOCATED IN NUECES COUNTY, TEXAS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURT, AND FURTHER WAIVES ANY RIGHT TO A TRIAL BY JURY. 22. MISCELLANEOUS. (a) The headings used in this Agreement are for convenience only and shall have no legal effect. This Agreement shall be interpreted without any strict construction in favor of or against either party. (b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and 22 shall continue in full force and effect even after the termination or expiration of this Agreement or any Schedule. (c) Failure of Lessor at any time to require Lessee's performance of any obligation shall not affect the right to require performance of that obligation. No term, condition or provision of this Agreement or any Schedule shall be waived or deemed to have been waived by Lessor unless it is in writing and signed by a duly authorized representative of Lessor. A valid waiver is limited to the specific situation for which it was given. (d) Lessee shall furnish such financial statements of Lessee (prepared in accordance with generally accepted accounting principles) and other information as Lessor may from time to time reasonably request. (e) If any provision(s) of this Agreement is deemed invalid or unenforceable to any extent (other than provisions going to the essence of this Agreement) the same shall not in any respect affect the validity, legality or enforceability (to the fullest extent permitted by law) of the remainder of this Agreement and the parties shall use their best efforts to replace such illegal, invalid or unenforceable provision with an enforceable provision approximating, to the extent possible, the original intent of the parties. (f) Unless otherwise provided, all obligations hereunder shall be performed or observed at the respective party's expense. (g) Lessee shall take any action reasonably requested by Lessor for the purpose of fully effectuating the intent and purposes of this Agreement or any Schedule. If any Lease is determined to be other than a true lease, Lessee hereby grants to Lessor a first priority security interest in the Products and all proceeds thereof. Lessee acknowledguS that by signing this Agreement, Lessee has authorized Lessor to file any financing statements or related flings as Lessor may reasonably deem necessary or appropriate. Lessor may file a copy of this Agreement or any Schedule in lieu of a financing statement. (h) This Agreement and any Schedule may be signed in any number of counterparts each of which when so executed or otherwise authenticated and delivered shall be an original but all counterparts shall together constitute one and the same instrument. To the extent each Schedule would constitute chattel paper as that term is defined in the UCC, no security interest may be created through the transfer or control or possession, as applicable, of a counterpart of a Schedule other than the original in Lessor's possession marked by Lessor as either "original" or "Counterpart Number 1 ". (i) This Agreement and the Schedules hereto between Lessor and Lessee set forth all of the understandings and agreements between the parties and supersede and merge all prior written or oral communications, understandings, or agreements between the parties relating to the subject matter contained herein. Except as permitted herein, this Agreement and any Schedule may be amended only by a writing duly signed or otherwise authenticated by Lessor and Lessee. EXECUTED by the undersigned on the dates set forth below, to be effective as of the Effective Date. 4 of 5 City of Corpus Christi, Texas "Lessee" BY: NAME: TITLE: DELL FINANCIAL SERVICES L.L.C. "Lessor" BY: r NAME: F50%/ 01 Wig TITLE: Thrcei'fAr. Operations DIR.DFS Public MLA — Texas DIR9 Page 5 of 5 SECRETARY /CLERK CERTIFICATE I, , do hereby certify that (i) I am the duly elected, qualified, and acting (Clerk, Secretary, etc.) of City of Corpus Christi, Texas, a public entity (the "Public Entity "). (H) Each of the persons whose name, title and signature appear below is a duly authorized representative of the Public Entity and holds on the date of this Certificate the formal title set forth opposite his /her name and the signature appearing opposite each such person's name is his /her genuine signature: NAME OF AUTHORIZED SIGNATORY TITLE OF AUTHORIZED SIGNATURE OF AUTHORIZED SIGNATORY SIGNATORY (iii) Each such representative is duly authorized for and on behalf of the Public Entity to execute and deliver that certain Master Lease Agreement No. (the "Agreement") and any related Lease Schedules from time to time thereunder (the "Schedules ") between the Public Entity and Dell Financial Services L.L.C., or its assignee (collectively, "Lessor "), and all agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders and certificates of acceptance. (iv) The execution and delivery of any such Agreement and /or Schedule and all agreements, documents, and instruments in connection therewith for and on behalf of the Public Entity are not prohibited by or in any manner restricted by the terms of the Charter or other document pursuant to which it is organized or of any loan agreement, indenture or contract to which the Public Entity is a party or by which it or any of its property is bound. (v) [STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called (regular or special) meeting of the governing body of the Public Entity attended throughout by the requisite majority of the members thereof held on , 200_, by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the Agreement, the related Schedule(s) and all agreements, documents, and instruments in connection therewith on its behalf by the authorized representative(s) of the Public Entity named in paragraph (ii) above. Such action approving the Agreement, the related Schedule(S) and all agreements, documents, and instruments in connection therewith and authorizing the execution thereof has not been altered or rescinded by the Public Entity. (vi) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. (vii) All insurance required in accordance with the Agreement is currently maintained by the Public Entity. (viii) The Public Entity has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rent payments scheduled to come due during the first Fiscal Period and to meet its other obligations for the first Fiscal Period (as such terms are defined in the Agreement) and such funds have not been expended for other purposes. (ix) The Fiscal Period of the Public Entity is from to DES Public Secretary - Clerk Certificate 012208 (x) The foregoing authority and information shall remain true and in full force and effect, and Lessor shall be entitled to rely upon same, until written notice of the modification, rescission, or revocation of same, in whole or in part, has been delivered to Lessor, but in any event, shall be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Lessor of said written notice of said modification, rescission or revocation. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 200_. By: Name: Title: Subscribed to and sworn before me this day of 200_ Notary Public My commission expires DFS Public Secretary -Clerk Certificate.01220S DOLL 1 Financial Services Secretary /Clerk Certificate Instructions 1. In the blocks under paragraph (ii) with the headings "NAME OF AUTHORIZED SIGNATORY ", "TITLE OF AUTHORIZED SIGNATORY" and "SIGNATURE OF AUTHORIZED SIGNATORY ", all persons who are authorized to execute and deliver the Master Lease Agreement and any related Lease Schedule(s) from time to time thereunder between the Public Entity and Dell Financial Services L.L.C. should write or type his /her name under the "Name of Authorized Signatory" heading, write or type his /her title under the "Title of Authorized Signatory" heading, and sign his /her name under the "Signature of Authorized Signatory" heading in the. block across from his /her name and title. The person(s) listed and executing in the blocks under paragraph (0) must not be the same person executing the Certificate on behalf of the Public Entity (Clerk, Secretary, etc.) listed at the top of the Certificate and executing in the signature block at the bottom of the Certificate under the "In Witness Whereof" language; 2. The Clerk, Secretary, etc. should insert the Master Lease Agreement No. in paragraph (iii), if known; 3. The Clerk, Secretary, etc. should strike paragraph (v) of the Certificate if this paragraph is not applicable to the Public Entity; 4. If paragraph (v) of the Certificate is applicable to the Public Entity, the Clerk, Secretary, etc. should insert "regular" or "special" in the first blank and then insert the date of the meeting of the governing body of the Public Entity in the second blank; 5. The Clerk, Secretary, etc. should write or type the Fiscal Period of the Public Entity in paragraph (ix); 6. The Clerk, Secretary, etc. should write or type his /her name, title, name and State of the Public Entity in the top portion of the Certificate and date, sign & print his /her name and title at the bottom of the Certificate under the "In Witness Whereof' language; and 7. If required by local law, the Certificate should be notarized by a notary public. The notary public should be a person other than the Clerk, Secretary, etc. executing under the "In Witness Whereof' language of the Certificate. DFS Public Secretary-Clerk Certificate Inswcsuns.012208 BILLING AND LEASE SCHEDULE INFORMATION DOLL 1 financial Services (THIS FORM MUST BE COMPLETED BY THE INDIVIDUAL SIGNING THE DOCUMENTS AND .4 MEMBER OF YOUR ACCOUNTS PAYABLE TEAM) I . INVOICING /BILLING: Will your accounts payable be for: • 1 Central Location r" 1 for each Dept, Campus, Agency (need address for each) Customer's accounts payable address for invoices Company Name: (as filed with your Secretary of State) Address: City, State, Zip: County: Attention: Telephone Number: Fax: Number: E -Mail Address: City of Corpus Christi, Texas Is a Purchase Order # required on the invoice? Yes No TAX: Where required, Sales /Use Tax will be assessed and invoiced. Does the Customer hold a valid exemption or direct pay certificate? r r Yes No If yes, please ATTACH a copy of the certificate for each state to this document. (NOTE: A certificate must be provided for each state in which leased Products are located.) UCC Information Required: Federal Tax ID #: Type Of Organization: State Of Organization: State ID #: How will your Purchase Orders be placed? Will one Purchase Order cover: • 1 Order Release Multiple Order Releases • 1 Ship to Address Multiple Ship To Locations ✓ L- 1 Group Only Multiple Groups (Depts, Campuses, Agencies) Blanket Purchase Order Billing Info Public v08012001 Entire Lease Term ;— Specific Periods - Explain Please Describe your Requirements? Will Shipping be: Can you have: Can your PO be: Will you lease: Financed t Billed Separately More than one PO# /Invoice Split between 2 or more invoices Dell Equipment only Please Describe your Organizational Structure: No charge by Dell Only 1 P0/4/Invoice Must be fulfilled in 1 Invoice Other Vendor(s) Equipment ✓ Commercial r Public /Municipal r Other - Explain F 1 Group Only Multiple Groups (Depts, Campuses, Agencies) I- 1 Accounts Payable r Multiple Accounts Payable (1 per Dept, Campus, Agency) ✓ Lease Schedules will be reviewed by one person r- Requires multiple step approval process Commencement is: • 1st of following month rY Acceptance Other - Explain Interim Rent is: • Charged Not charged ri Other - Explain Property Tax is: - Rebilled Annually r Other - Explain Fiscal Year is from to Notations: 11. PREPARING CUSTOMER'S A/P SYSTEM TO REMIT PAYMENTS TO DFS: Below is information commonly requested by customers in order to assist them in setting up their accounts payable system to pay DFS: Payee Name and Address: DFS Acceptance P.O. Box 99355 Billing Info Public v08012001 Chicago, IL 60693 DFS's Federal Tax ID # is: 74- 2825828 What information will you require in order to set up payments to DFS as a recurring payable? 111. PAYMENT METHODS to DFS VIA CHECK Mail To: DFS Acceptance P.O. Box 99355 Chicago, IL 60693 VIA WIRE TRANSFER Please reference all information listed below to ensure proper credit each time a wire transfer is made: Payable to: Dell Financial Services L.L.C. ABA #: 026009593 Account #: 81882 -04944 Contract#: Schedule #: DFS Invoice #: VIA ACH Payable to: Dell Financial Services L.L.C. ABA #: 1211 - 0825 -0 Account #: 81882 -04944 Contract#: Schedule #: DFS Invoice #: IV. LEASE SCHEDULES: Please refer to the Lease Schedule Sample attached. Name of recipient(s) to receive monthly Lease Schedules to reconcile: Attention: Address: City, State Zip: Phone & FAX Numbers: E -mail address: Name of individual(s) to sign monthly Lease Schedules (this individual should be named as an authorized signatory on the Secretary/Clerk Certificate): Billing Info Public v08012001 Attention: Address: City, State Zip• Phone & FAX Numbers: E -mail address: V. LEASED ASSET REPORT Please refer to the attached Lease Asset Report Sample. Will you require a Leased Asset Report? Yes No r If yes, how frequent? t' Monthly Quarterly Iv Annually Other Attention: Address: City, State Zip: Telephone Number: Fax Number: E -mail address: Would you prefer to have your Leased Asset Report posted to your Premiere Page? Yes r No Login: Address: PLEASE ADVISE LESSOR AT THE ADDRESS LISTED BELOW OF CHANGES IN THE INFORMATION PROVIDED ABOVE. Please return this document along with all other required documents to: DELL FINANCIAL SERVICES L.L.C. Public Segment Lease Administration 12234 N IH 35 Austin TX 78753 Attn: Ave Hernandez Completed By: Lessee: Lessee Document Signatory Lessee Accounts Payable Representative By: Name: Title: Date: Billing Info Public v08012001 SELF - INSURANCE QUESTIONNAIRE 1. Does the Lessee intend to self- insure for: a. damage or destruction to the Products? Yes No b. liability for injury (including death) to persons? Yes _ No _ 2. What are the limits (in dollars) of the liability the Lessee proposes to assume for claims under question (1) above? 3. Does the Lessee maintain an umbrella insurance policy for claims in excess of Lessee's self - insurance limits under question (2) above? Yes No . If yes, a. Does the umbrella policy provide all -risk property damage coverage and coverage for liability for injuries, including death, to persons? Yes _ No b. What are the umbrella policy's limits for such property damage and liability coverage? 4. From what source does the Lessee obtain funds to pay its self- insured liabilities? a. Does the Lessee maintain a self- insurance fund? Yes No If yes, Are the monies in this fund subject to annual appropriations? Yes No ii. What total amount is maintained in the fund to cover the Lessee's self- insurance liabilities? iii. Are amounts paid from the fund subject to limitations per each claim? Yes No iv. If the Lessee does not maintain an umbrella policy, are claims limited only to amounts available in the fund, or may a claimant pursue other avenues of relief against the Lessee? Yes No v. Who or what is the decision making authority for payment of claims submitted against the Lessee? vi. If a claimant receives an adverse decision from the entity described in question 4(a)(v) above, does the claimant have recourse to the courts or to another administrative agency (i.e .—who /what is the authority of last resort for paying a claim against the Lessee's self - insurance liability)? b. If the Lessee does not maintain a self- insurance fund, from what source(s) does the Lessee obtain funds to pay claims against its self- insured liability? What are the limitations and amounts payable for claims against these funding sources? Who /What is the entity authorizing payment from a claim against the Lessee's self- insurance liability? iii. Who /What is the authority of last resort for paying a claim against the Lessee's self- insurance liability? DFS Public Insurance letters & queslionnalre.012208 [IF LESSEE WILL PROCURE INSURANCE PURSUANT TO THE MLA] INSURANCE INFORMATION CERTIFICATE To Be Submitted on Lessee's Letterhead To: Dell Financial Services L.L.C. 12234 N. IH 35 Austin, TX 78753 -1705 Re: Insurance under Master Lease Agreement No. XXX- 6458214 -XXX effective March 25, 2009 (the "Agreement ") with Dell Financial Services L.L.C. ( "DES ") as Lessor. Dear Sir /Madam: Pursuant to the Agreement, we have instructed the insurance broker /agent named below (please fill in name, address, and telephone number) NAME: ADDRESS: TELEPHONE: TELEFAX: to issue: A. All Risk Physical Damage Insurance on the leased Products evidenced by a Certificate of Insurance naming "Dell Financial Services L.L.C. or its assignee" as Lender Loss Payee; and B. Public Liability Insurance evidenced by a Certificate of Insurance naming "Dell Financial Services L.L.C. or its assignee" as an Additional Insured. We have further instructed the insurance broker /agent to (1) provide DFS or its assignee with thirty (30) days prior written notice of any material changes in coverage, cancellation or non - renewal and (ii) include the following endorsement in the policy: "The insurance under this policy shall be primary insurance and the company insurer shall be liable under this policy for the full amount of the loss up to and including the total limits of liability herein without right of contribution from any other insurance effected by Dell Financial Services L.L.C. or its assigns under any policy with any insurance company covering a loss covered under this policy." Very truly yours, City of Corpus Christi, Texas BY: ITS: DFS Public Insurance levers & questionnaire.bc•OaO 105.doc Risk Management Department Name /Title /Date SELF - INSURANCE QUESTIONNAIRE 1. Does the Lessee intend to self- insure for: a. damage or destruction to the Products? Yes No _ b. liability for injury (including death) to persons? Yes No 2. What are the limits (in dollars) of the liability the Lessee proposes to assume for claims under question (1) above? 3. Does the Lessee maintain an umbrella insurance policy for claims in excess of Lessee's self - insurance limits under question (2) above? Yes No If yes, a. Does the umbrella policy provide all -risk property damage coverage and coverage for liability for injuries, including death, to persons? Yes No b. What are the umbrella policy's limits for such property damage and liability coverage? 4. From what source does the Lessee obtain funds to pay its self - insured liabilities? a. Does the Lessee maintain a self - insurance fund? Yes No If yes, Are the monies in this fund subject to annual appropriations? Yes No ii. What total amount is maintained in the fund to cover the Lessee's self- insurance liabilities? Are amounts paid from the fund subject to limitations per each claim? Yes No iv. If the Lessee does not maintain an umbrella policy, are claims limited only to amounts available in the fund, or may a claimant pursue other avenues of relief against the Lessee? Yes No v. Who or what is the decision making authority for payment of claims submitted against the Lessee? vi. If a claimant receives an adverse decision from the entity described in question 4(a)(v) above, does the claimant have recourse to the courts or to another administrative agency (i.e. who /what is the authority of last resort for paying a claim against the Lessee's self- insurance liability)? b. If the Lessee does not maintain a self- insurance fund, from what source(s) does the Lessee obtain funds to pay claims against its self- insured liability? What are the limitations and amounts payable for claims against these funding sources? ii. Who /What is the entity authorizing payment from a claim against the Lessee's self- insurance liability? Who /What is the authority of last resort for paying a claim against the Lessee's self- insurance liability? DFS Public Insurance fellers & queslionnaire.012208- [Customer Letterhead] March 25, 2009 Dell Financial Services L.L.C. One Dell Way Bldg P35B Round Rock, TX 78682 Attn: Lease Administration Manager Re: Self- Insurance under Master Lease Agreement Number 6458214 effective March 25, 2009 (the "Agreement ") between City of Corpus Christi, Texas ( "Lessee ") and Dell Financial Services L.L.C. ( "Lessor ") Dear Sir /Madam: This letter confirms that all Products leased under the Agreement are covered under Lessee's program of self- insurance, such program being maintained in accordance with Lessee's existing self- insurance program for equipment owned by Lessee. Lessee agrees that prior to discontinuing the self - insurance program it will give Lessor notice and a certificate of insurance, and agrees to procure third party insurance in the amounts necessary to cover all Equipment on lease. Very truly yours, City of Corpus Christi, Texas By: Its: Risk Management Department Title /Date Self Insurance Letter v01312008 SAMPLE VALIDITY OPINION LETTER TO BE EXECUTED ON COUNSEL'S LETTERHEAD To: Dell Financial Services L.L.C. 12234 N. IH 35 Austin, TX 78753 -1705 Ladies and Gentlemen: We are counsel to City of Corpus Christi, Texas (the "Lessee ") and in that capacity Master Lease Agreement No. _ , dated as of __, 200_, and Lease Schedule Lease Agreement No. thereto, dated as of , 200_ (collectively between the Lessee and Dell Financial Services L.L.C. (the "Lessor "). Based on our examination of the Agreement and such other examinations as appropriate, we are of the opinion as follows: we have examined No. to Master the "Agreement "), we have deemed (a) The Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or constitutional provisions of the State of and is a state or political subdivision thereof as described in Section 103(a) of the Internal Revenue Code of 1986, as amended, with full power and authority to enter into the Agreement and the transactions contemplated thereby and to perform all of its obligations thereunder; (b) The Agreement has been duly authorized, executed and delivered by of the Lessee by proper action of its governing board at a meeting duly called, regularly.,., convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of the Agreement against the Lessee; (c) The Agreement constitutes the valid, legal and binding obligation of the. Lessee, enforceable in acdordance with its terms; (d) -No approval, consent or withholding of objection is required from any`; federal, state or local governmental authority 'or instrumentality with respect to. the entering into or performance by the Lessee of the Agreement and_ttie transactions contemplated thereby; (e) Lessee has complied' with any applicable public bidding requirements and other applicable state and federal laws in connection with the Agreement and the transactions contemplated thereby; (f) ' The entering into and performance of the Agreement will not violate any judgment, order, law or regulation applicable to the Lessee or result in any breach of, or constitute a default under, any instrument to which the Lessee is a party or by which it or its assets may be bound, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Lessee or on the Products, other than those created by the Agreement; (g) The Products are tangible personal property and when subject to use by the Lessee will not be or become fixtures or real property under the laws of the State of (h) There are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting, nor to the best of our knowledge and belief is there any basis therefor, which, if determined adversely to Lessee, will have a material adverse effect on the ability of the Lessee to fulfill its obligations under the Agreement; and (i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for Lessee's current Fiscal Period to make the Rent payments scheduled to come due during Lessee's current Fiscal Period and to meet its other obligations under the Agreement for the current Fiscal Period, and such funds have not been expended for other purposes. This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose contemplated by the Agreement. Very truly yours, *Authorized Signatory of Lessee under the Agreement. DFS Public Validity Opinion Leuer.bc.080105.doc DOLL I Financial Services City of Corpus Christi, Texas TRUE LEASE SCHEDULE NO. XXX- 6458214 -XXX TO MASTER LEASE AGREEMENT NO. 6458214 THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT NO. 6458214 ( "Agreement ") DATED March 25, 2009 BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor') AND City of Corpus Christi, Texas ( "Lessee ") AND IS PURSUANT TO DIR CONTRACT NO. DIR -SDD -890. Lessor hereby agrees to lease and /or make available to Lessee subject to the terms, conditions and provisions set forth in This Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit "A" attached to and made a part hereof. Product Description Product Lessee Rent* Primary Term Commencement Location Purchase (Mos.) Date * ** Order No. Total Product Acquisition.Cost Rent is payable: in advance; in arrears. [specify) Payment Period: ,Monthly`_ Quarterly .Annually Other (specify) Lessee is responsible for applicable taxes, shipping,,end othei•?amounts as described in the Agreement, and with the first payment of Rent, any prorated Rent, if applicable. Such amounts are further described in Exhibit 'A; The commencement Date may be extended for one Payment Period until the Schedule is returned in accordance With file terms stated in the Agreement Lessor may charge Lessee prorated Rent accruing front' the Acceptance Date to the Commencement Date, as such date is finally determined.- TRUE LEASE PROVISIONS The following provisions shall apply to this Schedule in addition to the provisions in the Agreement: 1. TRUE LEASE: The parties intend for this lease to constitute a true lease of Products under the UGC and all applicable laws. If this Lease is determined to be a lease intended as security, in no event shall Lessee be obligated to pay any time price balance differential in excess of the maximum amount permitted by applicable law (as specified herein or the state where the Products are located, whichever law permits the greater amount). In the event Lessor shall receive anything of value under a Lease that is deemed interest which would exceed the maximum amount of interest allowed under the law, the excess amount shall be applied to the reduction of the unpaid time price balance or shall be refunded to Lessee. In order to reduce the unpaid time price balance, any amount deemed interest shall, to the fullest extent permitted by applicable law, be amortized and spread uniformly throughout the Lease Term." 3. END OF LEASE OPTIONS. (a) Provided that no Event of Default has occurred and is continuing, and at least 90 days but no more than 180 days prior to the expiration of the Primary Term (the "Expiration Date "), Lessee will give irrevocable written notice to Lessor of its intention to either: (i) purchase all of the Products at the Fair Market Value (as defined below); (ii) renew the Lease Term for a minimum of six (6) months at a rate and for a term agreed upon by both parties; or (iii) return all of the Products in accordance with the Agreement. (b) If Lessee exercises the option to purchase the Products then, upon receipt of payment of the "Fair Market Value" (defined below), plus applicable taxes, Lessor will sell the Products to Lessee AS IS -WHERE IS, WITHOUT WARRANTY OR RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. The Fair Market Value purchase price shall be paid on or before the last day of the Primary Term. "Fair Market Value' means the price of the Products, installed, in use and in the condition required by the Agreement as determined by Lessor in its reasonable judgment. If Lessee disagrees with the Fair Market Value, Lessee shall notify Lessor in writing within 60 days prior to the Expiration Date and, upon Lessee's request, and within ten Page 1 of 2 DFS LLC Public TL Schndule.universal.060108 (10) days after receipt of Lessee's notice, Lessor shall appoint a qualified appraiser reasonably acceptable to Lessee to appraise the retail value of the Products. The amount determined by such appraiser shall be the final Fair Market Value. Lessor and Lessee shall share the expense of such appraisal equally. (c) If Lessee desires to renew a lease, Lessee and Lessor shall enter into a supplement to this Schedule describing the length of the renewal Lease Term and the renewal Rent provided, however, all other terms of this Schedule and the Agreement shall remain in full force and effect. (d) Whether or not Lessee has given Lessor notice 'lf its intent as described above, if Lessee does not retum or purchase the Products or renew the Lease as required above, the Lease Term shall automatically extend on a month -to -month basis at the Rent in effect on the Expiration Date (prorated on a monthly basis if the Payment Period was other than monthly during the Primary Term). Such extension shall continue until Lessee: (i) provides thirty (30) days prior written notice of its intention to return or purchase the Products (to take effect on the next Rent payment date that is at least 30 days after the notice is received by Lessor) and (ii) either returns or purchases all of the Products in accordance with the End of Lease options above. Payments of Rent during the month - to-month extension are due and payable monthly as specified in Lessor's invoice. If Lessee fails to retum or purchase any Products, the Schedule and associated Rent for the Products that have not been returned or purchased shall extend on a month -to -month basis in accordance with the prior sentence. 4. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the Products from time to time if necessary. By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the attached Exhibit "A ". City of Corpus Christi, Texas (Lessee) (Lessor) DELL FINANCIAL SERVICES L.L.C. (Authorized Signature) (Name/Title) (Authorized Signature), Page 2 of 2 DFS LLC Public TL Schedule.universa1.060108 DOLL 1 Financial Services City of Corpus Christi, Texas DELL FLEX LEASE PURCHASE SCHEDULE NO. XXX- 6458214 -XXX TO MASTER LEASE AGREEMENT NO. 6458214 THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT NO. 6458214 ( "Agreement ") DATED March 25, 2009 BETWEEN DELL FINANCIAL SERVICES L.L.C. ( "Lessor ") AND City of Corpus Christi, Texas ( "Lessee") AND IS PURSUANT TO DIR CONTRACT NO. DIR -SDD -890. Lessor hereby agrees to lease and /or make available to Lessee subject to the terms, conditions and provisions set forth in this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit "A" attached to and made a part hereof. PRODUCT SELLER: [Dell Inc., One Dell Way, Round Rock, TX 78682] Product Description Product Location Lessee Purchase Primary Term Commencement Order No. fMos.1 Date* is payable: .vance; Pay Period: Lessee is res of Rent ** The in the licable s,.iing .rd o amo tifapp ;,.le. 'punts - '- - „furth ent Date m em Lessor may c is fi �:''. `s' determined. exte Le as described in the scribed in Exhibit "A” ement, and, with d for o ent =.d un • Schedule is returned in accordance with the terms prorat Tent acc ing from the Acceptance Date to the Commencement Date, as LEASE PURCHASE PROVISIONS The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement: 1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION. Insert as a new last sentence to subsection (a) the following: "For the purposes of this Schedule, the Rent and Purchase Price (as of the applicable Purchase Date) are shown in the chart below or on Exhibit "B ", attached to and made a part hereof. Payment Number/ Rent Purchase Date Interest Portion Principal Portion Purchase Price" Add as a new last sentence to subsection (b) the following: "Because the Products will be used for a governmental or proprietary purpose of Lessee, they are exempt from all sales, use and property taxes." 2. SECTION 3. TERM. Insert as a new second paragraph the following: "TECHNOLOGY REFRESH WITH NEW FINANCING OPTION. Provided no Event of Default has occurred or is continuing under this Schedule and the Agreement, Lessee may exercise the following technology refresh option ( "Tech Refresh Option ") by Page 1 of 3 DFS LLC Public LP Schedule DeIIFIezODtion.060108 delivering to Lessor an irrevocable written election notice to exercise the Tech Refresh Option at least 120 days prior to the expiration of the Primary Term and by completing all of the following on or before the beginning of the last month of the Primary Term (the "Tech Refresh Date "): (i) Lessee retums all (but not less than all) of the Products on this Schedule ( "Original Products ") to Lessor in the same manner as described in the Agreement; and (ii) Lessee enters into a new Schedule under the Agreement (the "New Lease ") with a primary term of at least 24 months for new equipment ( "New Products') which are, as determined by Lessor, of the same manufacture, type and quality as the Original Products and which have a Total Product Cost that is at least 75% of the Total Product Cost of the Original Products. When Lessee completely fulfills the terms and conditions of the Tech Refresh option and has made all payments and performed all other obligations under the Schedule and the Agreement, then this Schedule shall terminate and, except as provided in the Agreement, Lessee shall be relieved of all obligations under this Schedule. Notwithstanding the election by Lessee of the Tech Refresh Option, the Schedule and Agreement shall remain in full force and effect and if the terms and condition of the Tech Refresh Option are not fulfilled before the Tech Refresh Date, the Tech Refresh Option shall be null and void and Lessee shall pay the final Rent payment due on the Tech Refresh Date. 3. SECTION 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF LESSEE. For purposes of this Schedule, add paragraphs 0) through (t) as follows: "0) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, including but not limited to, the execution (and delivery to Lessor) of information statements requested by Lessor; (k) Lessee will not do, cause to be done or fail to do any act if such act or failure to act will cause this Agreement transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code o • Private Activity the meaning of Section 141 of the Code; (I) The total cost of th edule; roducts liste Schedule wi n the total on of the Rent lis eof in order to c in (m Products +is Sched .r will b d: „ withi such edule; Product . hedul: - ex. ed be d °red ate h: (o) No ' . or .unt which se.: or rwise installed, and the Se n this ence to th- -nt has .een established; sell, encumber or otherwise dispose of any property comprising this Schedule prior to the final maturity or rmination of such Schedule without a written opinion of nationally recognized bond counsel to the effect that any such disposition will not adversely affect the exclusion of interest on the Rent from gross income for federal income tax purposes; (q) Lessee agrees to execute, deliver and provide Lessor with satisfactory evidence of the filing of such documentation, as may be required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038 -G or 8038 -GC, as required under the Code; (r) It is expected that Rent under this Schedule will be paid from periodic appropriations of the Lessee deposited into the general fund of the Lessee, that such appropriations will equal the Rent due during each Fiscal Period of Lessee, and that all amounts paid for Rent will be from an appropriation made by the Lessee during the Fiscal Period in which such Rent is made; (s) To the best of our knowledge, information and belief, the above expectations are reasonable; and (t) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103, 141 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rent from gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, Lessee shall acknowledge any assignment of this Schedule in writing and complete an accurate record of all such assignments in a manner that complies with Section 149(a) of the Code and the Treasury Regulations promulgated thereunder." TO THE EXTENT PERMITTED BY LAW, AND IN ADDITION TO LESSE'S OBLIGATION UNDER SECTION 16 OF THE AGREEMENT, LESSEE HEREBY ASSUMES LIABILITY FOR, AND SHALL PAY WHEN DUE, AND SHALL INDEMNIFY AND DEFEND LESSOR AND ITS SUCCESSORS AND ASSIGNS AGAINST, ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) RELATING TO OR ARISING OUT OF LESSEE'S BREACH OF ANY OF ITS REPRESENTATIONS, WARRANTIES, OR COVENANTS CONTAINED IN Page 2 of 3 DFS LLC Public LP Schedule DellFIexOption.060108 SECTION 11 OF THE AGREEMENT AS SUPPLEMENTED HEREIN. 4. SECTION 12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATIONS ON LIABILITY; FINANCE LEASE. For purposes of this Schedule, delete "FINANCE LEASE" in the title of this Section and delete paragraph (d). 5. SECTION 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS. Insert at the end of this paragraph the following: "Notwithstanding the first sentence of this Section , upon Lessee's acceptance of the Products under this Schedule, title to the Products shall vest in Lessee subject to Lessor's rights under the Agreement; provided that, upon an Event of Default or any termination of this Schedule, other than by Lessee's purchase of the Products, , title to the Products shall immediately and without any action by either party vest in Lessor, and Lessee shall immediately surrender possession of the Products to Lessor. Any such transfer of title shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. 6. PURCHASE OPTION. Provided that no Event of Default has occurred and is continuing, and at least 60 days but no more than 180 days before the purchase date ( "Purchase Date ") selected by Lessee, Lessee will give irrevocable written notice to Lessor of its intention to: (i) purchase the Products for $1.00 at the end of the Primary Term; (U) purchase the Products at the Purchase Price as stated in Paragraph (i) above or as listed on Exhibit B, so long as all other amounts due on the Purchase Date have been paid in full; or (iii) retum the Products in accordance with the Agreement for a fee agreed upon by both parties. Upon satisfaction by Lessee of such conditions, Lessee shall be entitled to Lessor's interest i IS, WITHOUT WARRANTY OR RECOURSE, EXPRESS, IMPL • ISE, INCLUDING ANY WARRANTIES OF ! SIGN, MERC ; 'BILI - A AGAINST INFRING T, other tha •sence of an by, th h, or under Products, AS I OR AGAINST TICULAR PURP of L encu inning secu e's rights ances w ssee's obl t in and t ereunde her wcts a - ' -11 eed rants to L a fir clear o ority security inte security interests SOR, OR m all s or PLETI o tim= LE. L h- oriz :. essor nsert or update the s By si• ;;i be xhi . each of the A "and "B ". City of Corpus Christi, Texas (Lessee) By: o agr• '' o be (Authorized Signature) (Name/Title) (Date) DFS LLC Public LP Schedule DellFlexoption.060108 and by the terms of the Agreement, this Schedule and the DELL FINANCIAL SERVICES L.L.C. (Lessor) By: (Authorized Signature) Page 3 of 3 ( Name/Title) (Date) 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/09/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $70,250 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $70,250 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. C. Motion authorizing the City Manager or his designee to accept a grant in the amount of $93,123 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. D. Ordinance appropriating $93,123 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative ( HIDTA). BACKGROUND INFORMATION: The HIDTA grant has been operational for 13 years. Council has appropriated funds each year for the grant. REQUIRED COUNCIL ACTION: Accepting the grant awards and appropriating the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant awards and appropriating the funds. Attachments: Grant award documents M. JVWalsh Acting Chief of Police 886 -2605 mike(acctexas.com BACKGROUND INFORMATION The Corpus Christi Police Department is in the thirteenth year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full -time program analyst, one administrative assistant, overtime for 3 Corpus Christi Police Officers, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. Executive Office of the President Office of National Drug Control Policy Page t of 4 Grant Agreement 1 Recipient Name and Address Chief Bryan Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: GO9HN0006A 5. Grant Period: From 01/01/09 to 12/31/10 IA. Recipient IRS/Vendor No.: 1746000574A5 6. Date: 01/01/2009 7. Action 17 Initial r Supplemental Subrecipient Name and Address 8. Supplement Number 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title Texas Coastal Corridor Initiative 10. Amount of This Award: $70,250.00 11. Total Award: $70,250.00 12. Special Conditions (check, if applicable) 17 The above Grant is approved subject to such attached 3 pages. conditions or limitations as are set forth on the Security, Disaster Assistance, and Continuing budget and spending ceiling as reflected in represents funding at the rate of 43% of the sum of all budgets can not exceed the award The Office of National Drug Control Policy level is below stated budget requirements; until enacted through public law. i Consistent with Pub.L. 110 -329, the Consolidated Appropriations Act, this document provides a total Block 10 of the Grant Award document, which fiscal year 2008 funding level. Accordingly, the amount reflected in Block 10 of the award document. acknowledges that the aforementioned funding however, additional funding can not be made available 13. Statutory Authority for Grant: Public Law 110-329 �4-} 'i� 7 Yf 1'� ! .�• Bi tt � j ) J l i \ t 1 k IL A '•� �t i ■ Uh 1S iT., 14. Typed Name and Title of Approving Official David R. Murtaugh . Acting Deputy Director Office of State, Local and Tribal Affairs 15. Typed Name and Title of i Authorized Official - f •D.ya,c 3utith sm. j-. Q.h,Q -Etter i\t y-t it/6 Cih k Corpus Christi Police Department 16. Signature of Approvin: ONDCP Official �lv�..r� '. - 17. Signature of • uthorized Recipient/Date 1 f♦ ` 1 • i S:'hl.l !_ 19. HIDTA AWARD OND10B3SE0910 OND2000000 !i- ii' 'y} ias!S. 18. Accounting Classification Code DUNS: 069457786 —E 5 0C4100 Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1, Recipient Name and Address Chief Bryan Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: GO9HN0006A 5. Project Period: 01/01/2009 to 12/31/2010 Budget Period: 01/01/2009 to 12/31/2010 1A. Recipient IRSNendor No. 1746000574A5 6. Date: 5/6/2009 7. Action ■ Initial 2. Subrecipient Name and Address 8. Supplement Number 1 fl Supplemental 2A. Subrecipient IRSNendor No. 9. Previous Amount $70,250.00 3. Project Title Texas Coastal Corridor Initiative Initiative(s) 10. Remaining Amount $93,123.00 11. Total Award $163,373.00 12. Special Conditions * The above grant is approved subject to such conditions or limitations as are set forth in the original Grant. * Consistent with P.L. 111 -8, the Omnibus Appropriations Act, 2009, this Grant Award document provides additional funding in the amount indicated in Block 10. This amount, together with the amount equivalent to 43% of the fiscal year 2008 funding level previously made available, as indicated in Block 9, represents the total FY 2009 budget and spending ceiling for this initiative, as indicated in Block 11. * The budget attached to the original award is consistent with this full award amount. 13. Statutory Authority for Grant: Public Law ACrNC1 ArrRO\'.fit. 14. Typed Name and Title of Approving ONDCP Official Mark M. Campbell - Acting Assistant Deputy Director Office of Nat onal Drug Control Policy 111 -8 lift II'IlNT ACCrl' "I ANC 15. Typed Name and Title of Authorized Recipient Official Avn Alb Crh M . J". (1-111S/k—' Smith- Corpus Christi Police Department 16. r ture o 18. Accounting DUNS: 069457786 — EJN:- 17460005-74A5 pproving NDCP Official Classification Code 17. Signature of uthorized 19. HIDTA AWARD OND10B3SE0910 OND2000000 0G4100 Recipient Date ORDINANCE APPROPRIATING $70,250 IN THE NO. 1061 POLICE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $70,250 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of June, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: Nay 28, 2009 T. ,Trisha Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 ORDINANCE APPROPRIATING $93,123 IN THE NO. 1061 POLICE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $93,123 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of June, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: May 28, 2009 T. Trisha Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi 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 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/09/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $400,000 from the State of Texas, Governor's Division of Emergency Management, under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $100,000, for a total project amount of $500,000 and to execute all related documents. B. Ordinance appropriating $400,000 in the No. 1061 Police Grants fund from the State of Texas, Governor's Division of Emergency Management, for additional grant funding under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $100,000, and declaring an emergency. ISSUE: The PSIC grant is providing funds to upgrade the existing trunked radio system to meet the State of Texas mandated P -25 compliance. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. FUNDING: There is a 20% match required of the grant with both the Police and Fire Departments contributing. Funds are available until July 30, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating funds. Attachments: Grant award letter Walsh Acting Chef of Police 886 -2605 mike c(�,cctexas.com BACKGROUND INFORMATION The PSIC grant is providing funds to upgrade the existing trunked radio system to meet the State of Texas mandated interoperability compliance. The "Project 25" (P25) digital "suite of standards" states 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. The 700 MHz band has been selected as the state wide interoperability frequency. This grant will provide for the upgrade of an estimated 1,180 City of Corpus Christi public safety radios to 700 MHz compliance. Repeater sites and the digital control switch are currently being upgraded to 700 MHz and P -25 through alternate funding sources detailed below. To complete the project and give 100% of the City of Corpus Christi public safety personnel and their vehicles 700 MHz and P25 interoperability compliance, an additional $519,000 will be needed by 2015. We will be applying for grant funds to cover this expense, possibly with a required match. Grant name Funding Match Description Port Security 2008 - awarded $ 161,250.00 $ 73,750.00 Upgrade radios to 700 MHz PSIC Original - awarded $ 57,946.00 $ 19,316.00 Upgrade radios to 700 MHz PSIC Supplemental - awarded $ 400,000.00 $100,000.00 In conjunction with Nextel Rebanding Project, will upgrade 1180 public safety radios to 700 MHz JAG - State - pending $ 250,000.00 $ - Upgrade radio switch to 700 MHz JAG - Local - pending $ 61,662.00 $ - Upgrade 100 radios to P25 compliance JAG - regular - pending $ 128,317.00 $ - Upgrade 215 public safety radios to P25 compliance TOTAL $1,059,175.00 $193,066.00 Additional funds needed to meet Project 25 compliance by 2015 - will apply for grant funds over the next 5 years $ 519,000.00 865 radios (a) $600 to upgrade to P25 compliance _ •) Tit Governor's Division of Emergency Management 2007 Sub - Recipient Agreement To City of Corpus Christi I C• IS:c z ''. 06/062008 2- L.33. 2 Prepared By Hood 3. SAA Award Number: 07-SR 17000 -02 F Mayor Henry Garrett, Jr. City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Federal Grant The: Public Safety Interoperable Communications Grant Program Federal Grant Award Number: 2007-GS -H7 -0044 Date Award Granted to GDEM: October 1, 2007 Federal Grant Agency: Federal Emergency Management Agency Dept. of Homeland Security Preparedness Directorate lirim J .. -.- YES Period: - p NO Oct 7, 2007 To Jul 30, 2010 Total Project Amount $ 2,747,838.75 NOTE: This award Additional Budget Sheets (Attachment A): o PSIC 11.566 Local Match Requirement $ 2.198,271.00 $ 549,587.75 supersedes all previous awards. Performance 6. Statutory Authority for Grant: This project is supported under 3006 of Pub. L. No. 109 -171 as amended by Section 2201 (a) of Pub. L No. 110-53, and Section 4 of Pub. L No. 109-459. 7. Method of Payment Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. DebannentlSuspension Cerglkatlon: The sub= reclpfent certifies that the Jurisdiction and its' contractors/vendors are not presently debarred, suspended, proposed for debarment. declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at Mtp://vomv.epls.gov. ' a'e l _„ Approving Jack Division Office 1 s . GDEM Official: Colley, hief of Emergenq Management of the Govemor •. „ Signature of GDEM Official: i '�i . s mp �. i c� lr. 1.€r —• te— - ' " a '" � Y� -- e _- I have read and understand the attached Terms and Conditions. Type name `4 C1 and title of Authorized Sub - Recipient official: t R. fEscoEcz t rn Pnq A Signature of Sub - recipient Official: 11. Enter Employer Identification Number (EINyFederal Texas identification Number. 7� — (00er=57 12. Date Signed: 13. DATE DUE: Signed award ( vo3 -_a? must be returned to GDEM on or before the above due date. and Direct Deposit Form of applicable) ORDINANCE APPROPRIATING $400,000 IN THE NO. 1061 POLICE GRANTS FUND FROM THE STATE OF TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, FOR FUNDING ADDITIONAL GRANT FUNDING UNDER THE FY 07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROJECT TO BE USED FOR THE ENHANCEMENT OF VOICE INTEROPERABILITY ON THE 800 MHz RADIO SYSTEM WITH A CITY MATCH OF $100,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $400,000 is appropriated in the No. 1061 Police Grants Fund from the State of Texas Governor's Division of Emergency Management, for additional grant funding under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $100,000. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of June, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form May 27, 2009 T. rishaong Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: A. MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ACCEPT AND IMPLEMENT THE 2008 CONTINUUM OF CARE GRANT FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS. B. ORDINANCE APPROPRIATING A GRANT OF $295,226 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2008 CONTINUUM OF CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. C. MOTION RATIFYING THE 2008 CONTINUUM OF CARE ( "COC ") GRANT FUNDING AGREEMENTS WITH WESLEY COMMUNITY CENTER AND CORPUS CHRISTI METRO MINISTRIES TO BE EFFECTIVE APRIL 1, 2009, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUBRECIPIENT FUNDING AGREEMENTS UNDER THE 2008 COC GRANT TERMS AS FOLLOWS: (1) $134,971 FOR WESLEY COMMUNITY CENTER; AND (2) $160,255 FOR CORPUS CHRISTI METRO MINISTRIES, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES. ISSUE: Acceptance, appropriation and execution of agreements for the 2008 Continuum of Care grant received from the U.S. Department of Housing and Urban Development (HUD). REQUIRED COUNCIL ACTION: Acceptance and appropriation in the amount of $295,226, and execution of agreements regarding 2008 Continuum of Care grant funds to Wesley Community Center and Corpus Christi Metro Ministries Inc. PREVIOUS COUNCIL ACTION: On October 14, 2008, the City Council approved a resolution to submit the "HOME 2009" Continuum of Care aka 2008 Continuum of Care Grant application to HUD. FUTURE COUNCIL ACTION: Acceptance and appropriation in the amount of $717,499, and execution of agreements regarding 2008 Continuum of Care grant funds to Salvation Army, Goodwill Industries of South Texas Inc. and the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place. CONCLUSION AND RECOMMENDATION: Accept 2008 Continuum of Care grant funds for Community Development Programs, appropriate $295,226 for 2009/2010 projects and activities. EnTavi v e . Lett Margie C. K. ose Assistant City Manager /Interim Neighborhood Services Director MaroieR .cctexas.com 361.826.3232 BACKGROUND INFORMATION As the Lead Agency of the Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to certain timetables set forth by the grant application process, writing the application narrative, ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the Continuum of Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each Subrecipient to ensure program compliance and all other responsibilities associated with grant administration. The following is a breakdown for two of the six awarded 2008 Continuum of Care Subrecipient's. The total below represents the HUD allocation not inclusive of the match requirements provided by each recipient. It is estimated that the economic impact of the $1 million plus grantee award will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging of funds in order to be considered for the award. The estimated $5M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless Issues Partnership (HIP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long- standing relationship and processes established and maintained by the HIP Committee and Community Development remains in place, thus allowing for a seamless and continuation of homeless services. Entity/Program Term of Agreement Budget 1 Wesley Community Center Child Care /Supportive Services April 1, 2009 — March 31, 2010 $134,971 2 CC Metro Ministries Rustic House/Transitional Housing April 1, 2009 — March 31, 2010 $160,255 Projects total $295,226 It is estimated that the economic impact of the $1 million plus grantee award will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging of funds in order to be considered for the award. The estimated $5M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless Issues Partnership (HIP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long- standing relationship and processes established and maintained by the HIP Committee and Community Development remains in place, thus allowing for a seamless and continuation of homeless services. As part of this funding award, Salvation Army, Goodwill Industries of South Texas Inc., Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place and Nueces County Mental Health and Mental Retardation (NCMHMR) Community Center were allocated Continuum of Care grant funds as well; however, their program year begins either in September or October. As a result, Staff will bring back to accept and appropriate $717,499 of Continuum of Care funding for those noted above. In total, the City of Corpus Christi did receive $1,012,725 of Continuum of Care funding, and will receive 2' %% of 5% of the grant allocation for the grant administration. This equates to approximately $25,318. AN ORDINANCE APPROPRIATING A GRANT OF $295,226 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2008 CONTINUUM OF CARE GRANT PROGRAM IN THE COMMUNITY ENRICHMENT FUND NO. 1071 FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $295,226, received from the U.S. Depart- ment of Housing and Urban Development for the 2008 Continuum of Care Grant Program, is appropriated in the Community Enrichment Fund No. 1071 for Homeless Supportive Housing Program renewal projects and activities. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 2, 2009 JZ.'4. I a ( 1.4. Eliz S th R. Hundley 11, Ass _Want City Attorney for the City Attorney EHord258.doc Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi. Texas r -- 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, Council Members Joe Adame Mayor 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 EHord258.doc fel CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WESLEY COMMUNITY CENTER THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This agreement ( "Agreement ") is made and entered into by the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ( "City Manager"), and Wesley Community Center, Robstown, Texas ( "Subrecipient "), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant (°COC ") funds in the amount of $134,971 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Thirty-four Thousand Nine Hundred Seventy-one Dollars ($134,971) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55013, a copy of which is incorporated by reference and is attached to this Agreement as Exhibit A. 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $128,544 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $0.00 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $6,427 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City - related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not less than $32,136 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $0.00 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not Tess than $0.00 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ( "CFR "), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ( "CDD "). Wesley COG Agml.doc Page 2 of 12 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ( "HUD "), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City - provided COC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences April 1, 2009, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on March 31, 2010. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Wesley COC Agmt.doc Page 3 of 12 (C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3045 Office (361) 844 -1740 Fax If to the Subrecipient: Wesley Community Center Attn: Executive Director P. O. Box 586, Robstown, TX 78380 4015 MacArthur Street, CC, TX 78416 (361) 826 -8300 Office (361) 880 -6763 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ( "Risk Manager") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re- evaluation and Adjust Limits. The Risk Manager retains the right to re- evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Wesley COC Agmt.doc Page 4 of 12 damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ( "lndemnitees "), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by ln- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such Injury or damage may in any other way arise from or out of the use or occupancy of the facilities by lndemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of lndemnitees, but not if such injury or damage may result from the gross negligence or willful misconduct of lndemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses Wesley COC Agmt.doc Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement, 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on a cost - certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than a three -year period from the date of execution of this Agreement. (B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals) or persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. Wesley COC Agml.doc Page 6 of 12 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ( "U.S.C. ") §3601 -19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959 -1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § §2000d- 2000d -4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. § §6101 -07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971 -1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development), as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, Wesley COC Agmt.doc Page 7 of 12 (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget ( "OMB ") Circular No. A -122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead -based Paint. (A) Subrecipient shall comply with the applicable requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4821- 4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § §4851- 4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead -based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A -102 and A -110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision - making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Wesley COC Agmt.doc Page 8 of 12 awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. 6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti- Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § §329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A -133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties; provided that all other terms of this Agreement are fulfilled. Wesley COC Agmt.doc Page 9 of 12 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Wesley COC Agmt.doc Page 10 of 12 Executed in duplicate originals this day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved as to form: , 2009 Elizabeth R. Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home - rule corporation, on behalf of the corporation. Notary Public, State of Texas Wesley COC Agmt.doc Page 11 of 12 SUBRECIPIENT: WESLEY COMMUNITY CENTER, ROBSTOWN, TEXAS Signature Date Printed Name Title STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2009, by , in his/her capacity as the of Wesley Community Center, Robstown, Texas, a Texas non - profit corporation, on behalf of the corporation. Notary Public, State of Texas Wesley COC Agmt.doc Page 12 of 12 CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI METRO MINISTRIES THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This agreement ( "Agreement ") is made and entered into by the City of Corpus Christi, a Texas home -rule municipal corporation ( "City"), acting through its City Manager or the City Manager's designee ("City Manager"), and Corpus Christi Metro Ministries, Inc., ( "Subrecipient"), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ( "COC ") funds in the amount of $160,255 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Sixty Thousand Two Hundred Fifty -five Dollars ($160,255) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55062, a copy of which is incorporated by reference and is attached to this Agreement as Exhibit A. 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $89,612 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $63,012 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $7,631 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City - related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not less than $22,403 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $21,004 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not less than $1,500 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ( "CFR "), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ( "CDD "). COMM COC Agml.doc Page 2 of 12 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ( "HUD "), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City - provided COC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on April 1, 2009, in accordance with the grant cycle, provided the City's City Council has approved its execution, and terminates on March 31, 2010. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. CCMM COC Agmt.doc Page 3 of 12 (C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3045 Office (361) 844 -1740 Fax If to the Subrecipient: Corpus Christi Metro Ministries, Inc. Attn: Executive Director 1919 Leopard Street Corpus Christi, Texas 78401 (361) 887 -0151 Office (361) 887 -7900 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ( "Risk Manager") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re- evaluation and Adjust Limits. The Risk Manager retains the right to re- evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that It will indemnify and hold City harmless of, from, and against all claims, demands, actions, CCMM COC Agmt.doc Page 4 of 12 damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or In part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ( "Indemnitees "), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or con- current negligence of Indemnitees, but not if such injury or dam- age may result from gross negligence or willful misconduct of In- demnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses CCMM COC Agmt.dac Page 5 of 12 of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on a cost - certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than a three -year period from the date of execution of this Agreement. (B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals) or persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. CCMM COC Agmt.doc Page 6 of 12 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ( "U.S.C. ") §3601 -19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959 -1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § §2000d- 2000d -4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. § §6101 -07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971 -1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development), as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, CCMM COC Agmt.doc Page 7 of 12 (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget ( "OMB ") Circular No. A -122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead -based Paint. (A) Subrecipient shall comply with the applicable requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4821- 4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § §4851 - 4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead -based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A -102 and A -110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision- making process, or who may lain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, CCMM COC Agml.doc Page 8 of 12 awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. 6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti- Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § §329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A -133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons (families, individuals, and farms) as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in'this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. CCMM COC Agmt.doc Page 9 of 12 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) CCMM COC Agmt.doc Page 10 of 12 Executed in duplicate originals this day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved as to form: , 2009 Elizabeth R. Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home - rule corporation, on behalf of the corporation. Notary Public, State of Texas CCMM COC Agmt.doc Page 11 of 12 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $316,927 from the Texas Department of Agriculture to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. B. Ordinance appropriating a $316,927 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years; and declaring an emergency. C. Resolution authorizing City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. ISSUE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must A) approve a resolution to accept the Summer Food Service Program Grant from the Texas Department of Agriculture B) approve a resolution to execute an Interlocal agreement with CCISD, C) appropriate grant funds in the amount of $316,927. REQUIRED COUNCIL ACTION: Action is required to accept the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or his designee to execute all related contracts and documents for the 2009 Parks and Recreation Department Summer Recreation Programs. PREVIOUS COUNCIL ACTION: The City Council has approved the Summer Food Program grant in prior years. FUNDING: Texas Department of Agriculture Special Nutrition Division provides grant funds for the Summer Food Program. CONCLUSION AND RECOMMENDATION: Staff rec mends a➢prov Sa(y Gavlkc Director Parks a Recreation Department 826 -3464 sal Ivq©cctexas. co m Attachments: Background Confirmation of Funding Letter Interlocal Agreement BACKGROUND INFORMATION The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA), Special Nutrition Programs provides funding for summer nutrition programs as an extension of the National School Lunch Program. The City's Summer Recreation Program is again receiving this grant for the Summer Recreation sites and other local non - profit agencies. (Item A) No local match is required. This program is a collaborative effort with many agencies to provide summer meals to the youth of Corpus Christi. Sites to be served are Alaniz Resource Center, Casa De Manana, Del Mar College, La Armada Resource Center, Lantana Square Apartments, Leeward Resource Center, Lulac Village Apartments, McKinzie Resource Center, Natatorium, Navarro Resource Center, Molina Neighborhood Center, Samuel Place Apartments, Women's Shelter, Joe Garza Recreation Center, Ben Garza Recreation Center, Lindale Recreation Center, Oak Park Recreation Center, Oso Recreation Center, Coles Recreation Center, Collier Pool, Greenwood Pool, Webb Elementary, Garcia Arts Education Center, Gonzales Community Center, Lexington Manor Center, Northside Manor Apartments, Wiggins Resource Center, Y.M.C.A., and Y.W.C.A. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites (Item B). The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $2.50 per lunch and $.65 per snack, both provided on a weekday basis during the eight week Summer Program, June 15th through August 7th, 2009. Meal service sites will be serving meals Monday through Friday, depending on program requirements. The lunches consist of sandwiches, fruit/vegetable, milk and dessert. The snack consists of fruit/vegetable, milk and dessert. All meals follow the same nutrition guidelines as the National School Lunch Program. It is estimated that approximately 2,500 meals per day will be reimbursable meals. CCISD will maintain and provide menu records as well as daily meals served until the program's end. At the individual sites, the City employs CCISD Food Service staff as part-time, seasonal employees to verify meal counts, serve meals, and clean the sites. Grant funds are used to pay the seasonal employees, cleaning supplies, monitors, and food costs. Total program costs, including operation and administration, are to be provided by the State's reimbursement. An ordinance is necessary to appropriate the grant of $316,927 in order to implement the program. TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES COMMISSIONER June 1, 2009 TX: 178 -1009 City Of Corpus Christi Park And Recreation Department ATTN: Clint Wyatt 1201 Leopard PO Box 9277 Corpus Christi, TX 78469 -9277 RE: Approved Summer Food Service Program (SFSP) Application for Program Year (PY) 2009 Application Approval Effective: June 15, 2009 — August 07, 2009 Dear Mr. Wyatt The Food and Nutrition Division of the Texas Department of Agriculture (TDA) has approved your application to become a sponsor for the Summer Food Service Program (SFSP) for Program Year (PY) 2009. A copy of your approved application and list of approved sites are enclosed. Also enclosed is a list of forms and documents, Attachment #1, which you will need to operate the program. You may download the desired forms from the TDA website at www.snptexas.org and click on FND Forms in the menu of the left hand side of the page. The program number for your contract is TX# 178 -1009. The program number identifies your organization as a participant in the SFSP. The contract number for your contract is 7537004 Both numbers are unique to your organization. You must include these identification numbers on forms when filing a claim for reimbursement and when completing the renewal documents each program year. You must retain a copy of all forms and documents as part of your official records for at least three years from the end of the program year or until all audit fmdings, claims, or litigation have been resolved, whichever is longer. Please refer to the FND Agreement for additional requirements for the retention of records. P.O. Box 12847 Austin, TX 78711 (512) 463 -7476 Fax: (888) 223 -8861 For the Hearing Impaired: (800) 735 -2988 www.tda.state.tx.us Approved Summer Food Service Program (SFSP) Application for Program Year 2009 City Of Corpus Christi Park And Recreation Department June 1, 2009 Page 2 of 3 You have the right to appeal TDA adverse actions that affect your claims for reimbursement or participation in the program. Your appeal must be received by TDA within 15 days of receipt of notification of this adverse action. The appeal must: • be in writing, • state the basis for the appeal of the adverse action; • include a legible copy of this letter. If you wish to have an in- person hearing, you must request a hearing at the time you file your written appeal. If you do not include a written hearing request in your appeal, you waive the right to a hearing and the appeal will be decided upon review of the documents in the record, unless the Administrative Review Official (ARO) determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. TDA has the discretion to refer a request for a hearing to the State Office of Administrative Hearings (SOAH) for resolution. Should you wish to have your hearing held by the State Office of Administrative Hearings (SOAH), you must make that request at the time of your written appeal. Otherwise, the ARO at TDA will hold your hearing. Your appeal must be mailed or faxed to: FOOD AND NUTRITION APPEALS TEXAS DEPARTMENT OF AGRICULTURE LEGAL DIVISION ATTN: JOHN WILEY, DOCKET CLERK PO BOX 12847 AUSTIN TEXAS 78711 FAX (800) 909 -8520 You may hand - deliver or submit your appeal via overnight/special delivery service to the following street address: TEXAS DEPARTMENT OF AGRICULTURE LEGAL DIVISION 1700 NORTH CONGRESS, 11TH FLOOR AUSTIN TEXAS 78701 The rules regarding the appeal procedures for SFSP are found in Title 4 of the Texas Administrative Code Section 1.1010 and 1.1011. Approved Summer Food Service Program (SFSP) Application for Program Year 2009 City Of Corpus Christi Park And Recreation Department June 1, 2009 Page 3 of 3 If you have any questions, please contact me at (210) 391 -8248. Sincerely, Safty I Vasquez Sally J. Vasquez Field Operations Monitor JS /aa Enclosure Corpus Christi Parks and Recreation TX: 178 -1009 it Address, . . Pre - approval: Y / N . , C°mmeats` Alaniz Resource Center 3801 Violet Rd Yes Approved Ben Garza Gym 1815 Howard St Corpus Christi Natatorium 3202 Cabaniss Pkwy Del Mar College 101 Baldwin Gonzalez Community Center 702 Brownlee Greenwood Pool 4305 Greenwood Collier Pool 3801 Harris Leeward Resource Center 2800 Sakky Dr. Casa De Manana 4702 Old Brownsville Rd Joe Garza Recreation Center 3204 Highland La Armanda Resource Center 1455 Southgate LULAC Village 1417 Horne Rd Molina Neighborhood Center 614 Horne Rd Lindale Recreation Center 3133 Swanter Navarro Recreation Center 160 N 19th St Samuel Place Apartments 4315 Carroll Ln North side Manor 1401 Alameda Oaks Park — Recreation Center 842 Erwin Oso Recreation Center 1111 Bernice Coles Recreation Center 924 Winnebago Webb Elementary 6953 Boardwalk Ave Wiggins Recreation Center 2320 Buford YMCA 417 S Upper Broadway YWCA 4601 Corona Garcia Arts Center 2021 Agnes Corpus Christi Parks and Recreation TX: 178 -1009 Site , Address = Pre- approval :! Y /N Comments McKinzie Recreation Center 2824 Mckinzie Rd 5802 Academy Women's Shelter Lexington Manor Community Center 3102 (B) Ray Ellison Yes Site not approved at time of visit: Site currently under construction, site contact person states construction will be complete prior to opening. SITES NOT APPROVED Yes IIP JI I ', Site not approved: Not handicap accessible; facility does not have a ramp Lantana Square Apt. 5802 Academy Women's Shelter 425 S Caranchua Site not approved: site can not be an open or restricted site due to facility Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE SUMMER FOOD SERVICE PROGRAM GRANT IN THE AMOUNT OF $316,927.00 FROM THE TEXAS DEPARTMENT OF AGRICULTURE TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PROGRAM PARTICIPANTS AGES ONE TO EIGHTEEN YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $316,927.00 from the Texas Department of Agriculture to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 18, 2009 Lisa Aguilgd Assistant City Attorney For City Attorney H \LEG- DIR \lisa\2009 Resolutions \Res -Grant Acceptance2009.doc Joe Adame Mayor 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 Page 1 of 1 ORDINANCE APPROPRIATING A $316,927.00 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE IN THE NO. 1067 PARKS AND RECREATION GRANT FUND TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PARTICIPANTS AGES ONE TO EIGHTEEN YEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $316,927.00 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grant Fund is appropriated to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved May 18, 2009 dyt Lisa Aguilar Assistant City Attorney For City Attorney H :LEG- DIR \Lisa12009 Ordinance \Ord- SummerFoodService2009.DOC 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: 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 RESOLUTION AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE SUMMER FOOD SERVICES FOR SUMMER RECREATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. The Agreement is attached as Exhibit A and a copy is on file in the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May 18, 2009 Lisa Ag fit ilttr Assistant City Attorney For City Attorney Joe Adame Mayor H:\LEG- DIR \Lisa\2009 Resolutions\ Res- SummerFoodlnterlocal- CCI5D2009.doc 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 Page 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 15, 2009, to August 7, 2009, at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 15, 2009 and ends August 7, 2009. 2. Consideration. The City shall pay the District $2.50 per lunch meal and $.65 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Department of Agriculture FY 2009 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month,during which Meals are provided. H: \LEG- DIR \Lisa\2009 Parks\ 2009SummerFOodlnterlocal- CCISD.doc Page 2 of 3 C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the Districts board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. 8. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11.Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved , 2009 Lisa Aguilar Assistant City Attorney For City Attorney HkLEG- DIR \Lisa\2009 Parks\ 2009SummerFoodInterlocal- CCISD.dac Page 3 of 3 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2009, by 'Angel R. Escobar, City Manager, or his designee, of Corpus Christi, Texas, a home rule municipal corporation, on behalf of said corporation. Notary Public Name: Commission expires: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name: Scott Eliff Title: Superintendent Date: Approved as to legal form By: Name: Title: Attorney for CCISD Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2009, by Scott Eliff, Superintendent, an authorized representative of the Corpus Christi Independent School District, acting on behalf of the District. Notary Public Name: Commission expires: H: \LEG- DIR\Lisa\2009 Parks\ 2009SummerFoodlnterlocal- CCISD.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2009 -2010 78415 Community Youth Development (CYD) Program, with $503,500 DFPS Funding. ISSUE: DFPS anticipates continued funding for the CYD Program in various cities throughout the state. The City of Corpus Christi will apply for a fourteenth year of funding for an amount of $503,500 for Fiscal Year 2009 -2010 to be used for programs that serve youth and families who reside and or attend school in the 78415 ZIP Code area. The City currently serves as the Fiscal Agent. In May 2009, DFPS informed all CYD contractors (including the City of Corpus Christi) of the anticipated funding level for Fiscal Year 2009 -2010. In preparation, the City, as current Fiscal Agent, called for proposals from the community. Public notice of this was advertised in the Corpus Christi Caller Times newspaper on April 18, April 25 and May 2, 2009. In addition, the City of Corpus Christi's Purchasing Department mailed 134 grant applications to local social service providers. All current subcontractors were informed. The 78415 CYD Review Committee is currently scheduled to review the submitted proposals during the month of June 2009 for submission to DFPS. REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the Fiscal Agent for DFPS FY 2009 -10 CYD Program in the approximate amount of $503,500. PREVIOUS COUNCIL ACTION: On November 18, 2008, City Council appropriated funding from DFPS in the amount of $500,000 for the City of Corpus Christi to serve as the Fiscal Agent for the CYD 78415 grant during the FY2008 -2009 (September, 1,- 2008 - August 31, 2009). CONCLUSION AND RECOMMENDATION: Staff recommends approval or resolution. Sally Ga, Director Parks a Recreation Department 826 -3464 sallvaAcctexas.com Attachments: Background Information BACKGROUND INFORMATION On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the CYD Contract with DFPS for the 78415 CYD Program, and executed a contract with TDPRS. The City Council also passed a resolution ( #022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service In 1995, DFPS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. The program sought to create activities that were not currently available within the local 78415 ZIP Code area. These activities were made available to youth ages 5 -17. Eligible activities must fall within the following categories. mentoring, activities, employment, education, and /or youth leadership. In order to meet DFPS guidelines, a mentoring, youth leadership and a Youth Advisory Committee component must be part of the overall 78415 CYD Program's Plan of Operation. Since its inception, the CYD Program has served the 78415 zip code area through a number of service providers. These include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Paisano Girl Scout Council, Parks & Recreation Department, Planned Parenthood, Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA and YWCA. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES COMMISSIONER Anne Heiligenstein May 8, 2009 Mr. Angel R. Escobar City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 ulent MAY 13 2009 nrNMAIVA R'S OFFI(r. RE: Contract Renewal Notice of Award — Fiscal Year 2010 23362174, Community Youth Development (CYD) Dear Mr. Escobar: Contract renewals for Division of Prevention and Early Intervention (PEI) programs must be finalized by August 31, 2009. Pending any late changes to our appropriation, your agency may develop a fiscal year 2010 budget for a reimbursable amount up to $503,500.00. This amount includes an additional $3,500 above your FY2009.contract award, to be utilized for training and technical assistance needs. Additional information will be forthcoming about how these funds may be utilized, including the process for pre - approval. For FY2010 the annual number of unduplicated youth to be served will remain 2150, as reflected in your current Plan of Operation. Renewal forms and Instructions will be sent in a separate letter. You are strongly encouraged to begin developing your FY2010 plan of operation and budget and to take advantage of optional conference calls scheduled May 13 and 14 to discuss general renewal information as well as the program specific calls, which will be scheduled separately. All renewal information is due no later than June 15, 2009. Where possible, please e-mail documents to me at Sara.Mosqueda @dfps.state.tx.us. Documents may also be sent to my attention at the following address (including final signed documents): Sara Mosqueda CYD Contract Manager DFPS P. O. Box 149030, Mall Code Y -987 Austin, TX 78714 -9030 2401 RIDGEPOINT DR. • P.O. BOX 149030, MC 11-987 • AUSTIN, TEXAS 78714-9030 ♦ (512) 929-6439 Mr. Escobar May 8, 2009 Page 2 of 2 Your partnership in improving and expediting the renewal process Is greatly appreciated. Please contact me at 512/929 -6439 if you have any questions regarding this letter or the enclosed documents. Sincerely, 'ra Mosqueda CYD Contract Manager Prevention and Early Intervention Enc: Plan of Operation Template Program specific budget pages (2030) Sample 2030 and Budget Narrative with Instructions Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO SUBMIT A GRANT APPLICATION TO SERVE AS THE FISCAL AGENT FOR THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) FY 2009 -2010 78415 COMMUNITY YOUTH DEVELOPMENT (CYD) PROGRAM, WITH $503,500 DFPS FUNDING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or City Manager's designee is authorized to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2009 -2010 78415 Community Youth Development (CYD) Program, with $503,500 DFPS Funding. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: .t✓b_t- 1 , 2009 Lisa Aguilar Assistant City Attorney For City Attorney H: \LEG- DIR\Lisa\2009 Resolutions \RES- authSubmitGrant- CYD.doc Page 2 of 2 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 H:1LEG- DIR \Lisa12009 Resolutions\RES- authSubmitGrant- CYD.doc CITY COUNCIL AGENDA MEMORANDUM June 9, 2009 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. ISSUE: The Interlocal Agreement between the City of Corpus Christi and Corpus Christi Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps, Summer Youth Programs, and Fun Kids Program at Recreation Centers. REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement between the City of Corpus Christi and the Corpus Christi Independent School District for Transportation on June 10, 2008. FUNDING: No additional funding required. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this Interlocal Governmental Agreement with the Corpus Christi Independent School District. Attachments: Background information /;G 1 Sally Gay , Director Parks an' Recreation Department 826 -346 sallvoAcctexas.com BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operates ten (8) summer program sites for youth ages five (5) to thirteen (13). Field trips to local areas of interest such as swimming pools, bowling alleys, movie theatres, and local museums are a significant portion of each summer program. In order to transport participants on the field trips, the department contracts with local school districts to provide buses and drivers for each trip. Previous contracts have been signed with both Corpus Christi and Flour Bluff School Districts. CCISD school buses are utilized because the majority of the Departments summer programs are operated out of CCISD elementary campuses. The contract under consideration is with the Corpus Christi Independent School District (CCISD) Transportation Department for a fixed fee of $2.00 per mile and provides District employed school bus drivers at a fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to various local activity sites. CCISD offered the most competitive price and most accommodating terms for this summer's program. The estimated cost of this contract is $15,100. The funds are available in the General Fund Latchkey (13405) and Summer Program (13310) budgets. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR YOUTH RECREATION PROGRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: Jul-t- I , 2009 Lisa Agui Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRIST! INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of District's school campuses, a Flour Bluff Independent School District school campus, and Housing Authority sites, and the City also sponsors a Weed and Seed recreation program as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 22, 2009 and ends July 31, 2009. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District- employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to retum them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, Weed and Seed, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the altemative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved as to legal form June 1, 2009. By: Lisa Aguilar, Assistant City Attorney for City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: A :i /at !/"W `W Name: D. Scott Elliff Title: Superi�jtendeJ�t of Schools Date: el '' l dq Approved as to legal form: By: �...4G.r.& ,.v a Philip D. Frais inet g/29/0? Attomey for CCISD 10 CITY COUNCIL AGENDA MEMORANDUM June 9, 2009 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for youth recreation programs. ISSUE: The Interlocal Agreement between the City of Corpus Christi and Flour Bluff Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps, Summer Youth Programs, and Fun Kids Program at Recreation Centers. REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PRIOR COUNCIL ACTION: None. This will be the first Interlocal Agreement between the City of Corpus Christi and the Flour Bluff Independent School District for Transportation services. FUNDING: No additional funding required. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this Interlocal Governmental Agreement with the Flour Bluff Independent School District. Sally Gavli Director Parks an 1 ecreation Department 826 -346 sallvo cctexas.com Attachments: Background information BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operates one (1) summer program site for youth ages five (5) to thirteen (13). Field trips to local areas of interest such as swimming pools, bowling alleys, movie theatres, and local museums are a significant portion of each summer program. In order to transport participants on the field trips, the department contracts with local school districts to provide buses and drivers for each trip. Previous contracts have been signed with Corpus Christi and Calallen School Districts. Flour Bluff ISD school buses will be utilized because the majority of the Department's summer programs offered for this area are operated from Flour Bluff ISD campus. The contract under consideration is with the Flour Bluff Independent School District (CCISD) Transportation Department for a fixed fee of $4.64 per mile to transport the Summer Program participants from their respective campuses to various local activity sites. FBISD offered the most competitive price and most accommodating terms for this area's summer programs. The estimated cost of this contract is $1,889. The funds are available in the General Fund Latchkey (13405) budgets. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR YOUTH RECREATION PROGRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council ATTEST: Armando Chapa City Secretary APPROVED: May 15, 2009 Lisa Ag Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 Page 2 of 2 Page 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Districts school campuses, a Flour Bluff Independent School District school campus, and the City also sponsors a Weed and Seed recreation program for the Flour Bluff community during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.64 per mile to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 22, 2009 and ends July 31, 2009. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District $4.64 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. Page 2 of 3 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. t U Ma me a II maintain its buses at its bus F. Dsstr:c Rue n .. ^:C�. The DlStnct :h ^;; m.... a.. I.- ... •••• maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour Bluff ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, Weed and Seed, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2009. Page 3of3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved as to legal form May 15, 2009. By: Lisa Aguilar, Assistant City Attorney for City Attorney FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT By: G ilA tet ∎ Name: Title: 1 raaspP. l:re et Date: s - Z°I - 01 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for youth recreation programs. ISSUE: The Interlocal Agreement between the City of Corpus Christi and Calallen Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps, Summer Youth Programs, and Fun Kids Program at Recreation Centers. REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PRIOR COUNCIL ACTION: None. This will be the first Interlocal Agreement between the City of Corpus Christi and the Calallen Independent School District for transportation services. FUNDING: No additional funding required. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve, this Interlocal Governmental Agreement with the Calallen Independent School District. Sally Gav , Director Parks a Recreation Department 826 -34.4 sa Ilyq(a.cctexas. com Attachments: Background information BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operates one (1) summer program site for youth ages five (5) to thirteen (13). Field trips to local areas of interest such as swimming pools, bowling alleys, movie theatres, and local museums are a significant portion of each summer program. In order to transport participants on the field trips, the department contracts with local school districts to provide buses and drivers for each trip. Previous contracts have been signed with both Corpus Christi School District. Calallen Independent School District school buses will be utilized because the majority of the Department's summer programs for that area are operated from a Calallen Independent School district elementary campus. The contract under consideration is with the Calallen Independent School District Transportation Department for a flat fee of $100.00 per bus to provide transportation for the Summer Program participants from their respective campuses to various local activity sites. Calallen Independent School District offered the most competitive price and most accommodating terms for this area's summer programs. The estimated cost of this contract is $2,200. The funds are available in the General Fund Latchkey (13405) budget. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CALALLEN INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR YOUTH RECREATION PROGRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: May 15, 2009 or.N1 -r Lisa Aguil Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \Lisa\2009 Resolutions \Calallen Transportation Resolution.doc Page 2 of 2 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 H: \LEG- DIR \Lisa\2009 Resolutions \Calallen Transportation Resolution.doc INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the CalaIlen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Districts school campuses, a Flour Bluff Independent School District school campus, and Housing Authority sites, and the City also sponsors a Weed and Seed recreation program as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $100.00 per bus and provide District - employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 22, 2009 and ends July 31, 2009. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus H:U,EG- DIR\LISA\2009 PARKS \CALALLENISD INTERLOCAL _TRANSPORTATION AGREEMENT LISA.DOC maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Ca[alien ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, Weed and Seed, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Approved as to legal form May 15, 2009. By: H9.EG- DIR\ LISA \2009 PARKS \CALALLENISD INTERLOCAL TRANSPORTATION AGREEMENT LISADOC , 2009. Lisa Aguilar, Assistant City Attorney for City Attorney CALALLEN INDEPENDENT SCHOOL DISTRICT By T"t Name: Title: Sv.yeri, en. et\ Date: :. \lP\ n ee J 6,ze,FG H:\LEG- DIRUdSA\2009 PARKS \CALALLENISD INTERLOCAL _TRANSPORTATION AGREEMENT LISA.DOC 12 AGENDA MEMORANDUM SUBJECT: Mustang Music Group's "ZiegenBock Music Festival" AGENDA ITEM: A. Ordinance authorizing the City Manager or designee to execute a use permit with Matthew Peveto dba Mustang Music Group for use of Corpus Christi Beach during June 10 through June 16, 2009 for "Ziegenbock Music Festival "; provide for payment of 100% of all City costs plus $2,500; and declaring an emergency. DATE: June 9, 2009 B. Motion approving the application from Mustang Music Group to temporarily close Hotel Placepreaker Avenueand Bushick Place from Surfside Boulevard to Corpus Christi Beach for the "ZiegenBock Music Festival," beginning at 6:00 a.m. on June 12, 2009 through 12:00 p.m. on June 14, 2009 (Exhibit B). ISSUE: A. Council is requested to approve the use permit to authorize use of City property for outdoor music events. The agreement also allows the fee of $20.00 (advanced sales) and $25.00 for one day (day of event) along with a discounted rate for active military, city employees and persons with disabilities. B. Mustang Music Group necessitates the temporary closure of Hotel Place, Breaker Avenue and Bushick Place from Surfside Boulevard to Corpus Christi Beach for the "ZiegenBock Music Festival," beginning at 6:00 a.m. on June 12, 2009 through 12:00 p.m. on June 14, 2009. Event Organizer, Matthew Peveto has requested the above mentioned street section closure to be approved by the City Council for the "ZiegenBock Music Festival ". REQUIRED COUNCIL ACTION: A. City Council's action is required for use permits. B. Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the use permit and street closures for last year's "Ziegenbock Music Festival." RECOMMENDATION: Staff recommends approval of this ordinance and motion as presented. Sa ly Gavli Director of arks and Recreation 826 — 3464 SallyG @cctexas.com Pete Anaya, P.E., Director of Engineering Services 826 — 3781 PeteAn @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Use Permit Exhibit "C" Site Map Exhibit "D" Street Closure Applications and Insurance Requirements Exhibit "E" Insurance EXHIBIT "A ": BACKGROUND INFORMATION Background Information: Mustang Music Group will be hosting "ZiegenBock Music Festival" at Corpus Christi Beach on June 13, 2009. Since 2003, Mustang Music Group in conjunction with local businesses has assisted in raising over $100,000.00 for local charities. This year ZiegenBock Music Festival will benefit the Beautify Corpus Christi Association, Corpus Christi Beach Association, and other local charities. From the donations of Anheuser- Busch, along with the commitment from volunteers, the Artist's and the support of the music fans, "ZiegenBock Music Festival" has grown over the years to become one of the premiere Texas Music Festivals. Tickets for the event in advance are $20.00 and $25.00 the day of the event. Kids under twelve (12) years of age are free. Matthew Peveto has requested for the temporary street closure of Hotel Place, Breaker Avenue and Bushick Place from Surfside Boulevard to Corpus Christi Beach for the safety passage of pedestrians to and from the event and for emergency access lanes Street Closings: Mustang Music Group, "ZiegenBock Music Festival," event necessitates the temporary closure of Hotel Place, Breaker Avenue and Bushick Place from Surfside Boulevard to Corpus Christi Beach. Street Closure will commence at 6:00 a.m. on June 12, 2009 through 12:00 p.m. on June 14, 2009. Street closing for the " ZiegenBock Music Festival," is necessary to allow safe passage for pedestrians to and from the event and for emergency access lanes. EXHIBIT "A" Page 1 of 1 State of Texas § ZIEGENBOCK USE PERMIT Know All By These Presents: Page 1 of 16 County of Nueces § This Use Permit Agreement is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City"), acting through its City Manager or designee, and Matthew Peveto dba Mustang Music Festival, acting through Matthew Peveto, ( "Promoter ") and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation. b. Premises - means the site for the ZiegenBock Event, as more fully described on the attached and incorporated Exhibit A. c. Event - means the ZiegenBock Music Festival on Corpus Christi Beach. d. City Manager - means the City's City Manager or designee. e. Parks Director - means the City's Director of Parks and Recreation or designee. f. City Traffic Engineer - means the City's Traffic Engineer or designee. g. Police Chief - means the City's Police Chief or designee. h. Risk Manager - means the City's Director of Risk Management or designee. i. City Attorney - means the City's Attorney or designee. j. City Secretary - means the City's City Secretary or designee. 2. Term. This Agreement takes effect upon execution by the City Manager. Matthew Peveto dba Mustang Music Group will be entitled to use of the Premises on Saturday June 13, 2009 from 9:00 a.m. to midnight for the Event. The use periods are more fully described in Exhibit B incorporated and attached hereto. City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to Promoter the privilege of using the following described City property solely to conduct its Event: Corpus Christi Beach pavilion located at end of Breakers Avenue, and Corpus Christi Beach area located between Breakers Avenue and Hotel Place. Exhibit "B" C: \DOCUME- 1Vebeccah\ LOCALS -7\ Temp \ZiegenBock.2009.Short.Term.Use Permit.doc Page 3 of 16 Parks Director will provide a itemized bill of Direct Costs, if any, within 30 days after the Event closes. Promoter will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Promoter. B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ( "City Services ") including but not limited to: 1. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Promoter must provide plastic trash bags for the trash barrels. 2. Furnish and /or transport barricades, signs, cones, etc. to the Premises (see Section 13). 3. Provide other services requested by Promoter and agreed to by Parks Director. C. Notice of Costs. Before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Promoter representatives and execute an exhibit describing City Services to be provided for the Event and the cost to be paid to City. That exhibit shall be attached as Exhibit. Notwithstanding the cost shown in Exhibit C, Promoter shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost or type shown in Exhibit C. D. Late Payment Fee. Promoter's failure to pay City's bill within 30 days after submittal to Promoter shall result in a late payment fee being assessed against Promoter. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. 8. Deposit. At time of signature by Promoter, Promoter must pay the nonrefundable Special Event fee and nonrefundable Premises use fee described above plus a deposit of $10,000.00 at time of signature, made payable to the City. The deposit will be used to reimburse the City for any costs incurred. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Promoter within 30 days after the Event. 9. Noise Ordinance. Promoter acknowledges receipt of the City's noise ordinance and agrees to comply with its provisions. Failure to comply with provisions of noise ordinance is grounds for immediate cancellation of this Agreement by the City Manager or designee, without penalty to City. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Promoter: C:\D000ME- ltrebeccah\ LOCALS- 1\ Temo \ZieoenBock2009.Short.Term.Use Permit.doc Page 5 of 16 the extent the damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of Promoter or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this agreement to use the Premises, attend, or participate in Promoter and associated activities, on the premises with the expressed or implied invitation or permission of Promoter, or when the injury or damage is the result, proximate or remote, of the violation by lndemnitees, Promoter, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees, Promoter, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where lndemnitees actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of lndemnitees. Promoter covenants and agrees that if City is made a party to any litigation against Promoter or in any litigation commenced by any party, other than Promoter relating to this agreement, Promoter shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Promoter, upon notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame specified in the notice of safety hazards. 19. Damages to City Property. Landscaped areas within the Premises must be protected during the Event. City will provide Promoter's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event annually. Promoter will restore all items on the punchlist within 3 days after receipt of the punchlist. If Promoter fails to restore all items on the punchlist, Parks Director may do so and bill Promoter for Direct Costs, as set out in Section 7 above. C1DOCUME -1 rebeccah\ LOCALS -1\ Temp \ZiegenBock.2009.Short.Term.Use Permit doc Page 7 of 16 and remain on trailers to promote expeditious removal. All the buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on or at the Premises. Promoter must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Promoter to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Promoter agree that any disputes which may arise between them concerning this Use Permit Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to Promoter. In the event of appeal, the decision of the City Council will be final. This Use Permit Agreement in no way waives Promoter's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Promoter must at all time during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Promoter must, at all times in its use of the Premises, provide driveway access for emergency equipment. 29. Assignment. Promoter may not assign or transfer this Use Permit nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Promoter to perform any of the covenants contained in this Use Permit, or any breach of any covenant or condition by Promoter entitles City to terminate this Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Promoter is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Promoter CaDOCUME —1 trebeccah\ LOCALS -1 UempViegenBock .2009.Short.Term.USe Permildoc Page 9 of 16 38. Security. Promoter must provide uniformed Security Officers during the Event. Promoter will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Promoter. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security guard as well as a sworn peace officer. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off -site crowd and traffic control including cross walks and intersections within one -half mile of Event site, as needed, and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Cancellation. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event and terminate this Agreement, without penalty, if such cancellation is necessary to protect the public health, safety, or welfare, or due to Promoter's non - compliance with the terms and conditions of this Agreement. If the Event is cancelled under this section or for any reason, Promoter releases City from all liability that may result from the premature closing of the Event. If the event is cancelled under this section or for any reason, Promoter agrees to indemnify and hold City, its officers, agents and employees (`Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees caused, either proximately or remotely, wholly or in part, by cancellation of the Event. Promoter covenants and agrees that if City is made a party to any litigation against Promoter or in any litigation commenced by any party relating to this Agreement, Promoter shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. 40. Publication. Promoter agrees to pay the costs of newspaper publication of this Use Permit and related ordinance as required by the City Charter. 41. Entirety Clause. This Agreement and the incorporated and attached exhibits constitute the entire Agreement between the City and Promoter for the use granted. All other Agreements, promises, and representations, unless contained in the Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Promoter's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of C :DOCUME- 1Veoeccah\ LOCALS -1\ Temp \ZiegenBock.2009.Short.Term.Use Permit.doc Page 11 of 16 EXHIBIT A Description of Premises: Corpus Christi Beach pavilion located at end of Breakers Avenue, and Corpus Christi Beach area located between Breakers Avenue and Hotel Place. C: \DOCUME -1 Vebeccah\ LOCALS -1 \ Temp \ZiegenBOCk.2009.Short.Term.Use Permit.doc EXHIBIT C Services to be provided by City, and cost estimates ZIEGENBOCK 2009 Estimated Expenses* Page 13 of 16 Parks and Recreation $ 3,800.00 Police $ 14,850.00 Traffic Engineering & Street Services $ 1,000.00 TOTAL: $ 19,650.00 *Promoter may or may not use all services estimated on this sheet. C: \DOCUME- 11rebeccah\ LOCALS -1 \ Temp \ ZiegenBock.2009.Short.Term.Use Permi\.tloc Page 15 of 16 2. Promoter's workers and volunteers AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Promoter employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Promoter must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Promoter must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Promoter will be promptly met. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. • If your insurance company uses the standard ACORD form, the C: \DOCUME- 1Vebeccah\ LOCALS -1\ Temp \Ziegeneock.2009.Short.Term.Use Permit.doc Y SuRFSIDE BLVD. STEWART PLACE aUSHICW PtAG EVENT PARKING N SCALE: 1"=350' H re 0 z BURLESON ST. • ZIEGENBOCK MUSIC FESTIVAL EVENT SITE PAUL PLACE KEY UM STREET CLOSURE EVENT LOCATION SITE PLAN SUBJECT: STREET CLOSURES —is.L A \11111AI ,Tcrr.'nnrV uI ICV CCCTTtIAI EXHIBIT "C" Traffic Engineering Div. rnninnarinn Carvirac Ilant City of v — Corpus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREETS PERMIT 1. Name of Organization Sponsoring Event: 2161 Address: �I�S9�JL 5rl c 7 CorpusChristi 00in.tleaCiW '1111' City: rt1 State: Zip: 11605 Phone #: 02)2 -- 231 - e`lct Fax #: e5L`z Email: e' ►ri;> d. Jrytus. fv .,? C.'- 2. Name of Proposed Event: ;'tGh��:_rDtt Iv tot; _ tit 3"nt*iL' 3. Date of Planned Event: V /13 /09 SA^ 4. Key Contact Individual 1 (1-44:1 ^rR Phone #: ;6.-C,"1-1757-106) 5. St et(s) Requested for Closure, Dates and Times of Day: - DESCRIBE IS V S k t ik- plate , tflAJLef- AV-P , 1v, Nu a 4 ■1 Y 6. Purpose of Event and Detailed Description of Activities Planned: .. 1/4$ 7. List foods and beverages to be served: Page 1 of 9 Exhibit "D" 8. Services Requested by the City: 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: AniislomilismorliguniellemiOWNIWEIFIPM B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "E ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be fumished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Camival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. hairman /Organizer Signature MOan4rh 1-405ic 612007 Sponsoring Organization 44 /07 Date Submitted l For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361- 826 -3540 or 361 - 826 -3547 • Fax: 361 - 826 -4255 or 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 9 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this 1 date oa: t— 20 09 P -r i ' pplicant Signature q Company Name Page 4 of 9 EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products) Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or' between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. Page 5 of 9 May 29. 2009 9:26AM No.2962 P. 2/2 ACORD CERTIFICATE OF LIABILITY INSURANCE 1 5/29/2009 PRODUCER (979)764 -8444 FAX: (979)694 -7603 Dexter & Company of Central Texas, Inc. omp y 1509 Emerald Parkway THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 103 College Station TX 77845 INSURERS AFFORD4NG COVERAGE NAIC # INSURED INSURER A Western Heritage Matt Peveto, DBA: Mustang Music Group INSURER B.F1rstCGmp 14174 NW FBWY, Suite 241 INSURERC INSURER D Houston TX 77040 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 111111 ADM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIYY) POLICY EXPIRATION DATE (MMODIYY)_ LIMITS A FISRD X NAEP019045 NAEP019045 06/12/2009 06/12/2009 06/14/2009 06/14/2009 EACH OCCURRENCE S 1000000 GENERAL X LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1000000 COMMERCIAL GENERAL ttAIMS MADE X ABILITY OCCUR MEDEXP (Any one person) $ 10000 PERSONAL &ADV INJURY $ 1000000 X X Contractual. Liab. GENERAL AGGREGATE S 2000000 $ 2000000 Bread Form PRODUCTS - COMP/OP AGG GENL GE JL I AGGREGATE LINT APPLIES PER POLICY P1 IFFC 17 LOC Liquor Liability COMBINED SINGLE LIMIT (Ea accident) 1000000 $ 1000000 A X AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BOCILY INJURY (Per accdent) PROPERTY DAMAGE (Per accident) T AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 7 OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? — Ityes.describe under SPECIAL PROVISIONS below WC23905867 6/13/2008 6/13/2009 _ I TORY SIAM- I I ER EL EACH ACCIDENT S 500000 EL. DISEASE- EA EMPLOYEES 500000 EL. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION Event The subrogation coverage OF OPERATONSLOCATIONSNENCLESE XCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage Applies to: aiegenBock Music Festival 6/12 thru 6/14 City of Corpus Christi is mined as an additional insuered on the liability coverage, and a blanket waiver of favor of the City of Corpus Christi has been added for General Liability and Workers Comp . Medical does apply to Volunteers. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON 1HE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEMATVE Stan Jones /STANJ ACORD 25 (2001/08) N.C1195 min*, no., ® ACORD CORPORATION 1988 Exhibit "E" ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A USE PERMIT AGREEMENT WITH MATTHEW PEVETO DBA MUSTANG MUSIC GROUP FOR USE OF CORPUS CHRISTI BEACH DURING JUNE 10, 2009 THROUGH JUNE 16, 2009 FOR ZIEGENBOCK MUSIC FESTIVAL; PROVIDE FOR PAYMENT OF 100% OF ALL CITY COSTS PLUS $2,500.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a use permit agreement with Matthew Peveto dba Mustang Music Group for ZiegenBock Music Festival on Corpus Christi Beach. A copy of the use permit agreement is on file with City Secretary. The Agreement provides for use of Corpus Christi Beach during June 10 through June 16, 2009, as described in the agreement. The Agreement also provides for payment of 100% of all city costs plus $2,500.00. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of June, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: Ju ac 1, 2001 By: ote -v)-; Lisa Aguilar Assistant City Attorney for City Attorney Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chrst, ; exas 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 Leal John Marez Nelda Martinez Mark Scott 13 AGENDA MEMORANDUM City Council Action Date: June 9, 2009 SUBJECT: Development Services /EOC (Frost Building) Chiller Replacement — 2009 Project No. 4372 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of $263,782.00 for the Development Services /EOC (Frost Building) Chiller Replacement Project — 2009. ISSUE: The chiller for the building requires replacement and cannot be repaired to provide reliable continuing service. FUNDING: Funding is available from the Maintenance Services Fund. RECOMMENDATION: Staff recommends approval of the motions as presented. Ji' -vis Pete Anaya, P.E. R'tor of General Services Director of Engineering Services 826 -1909 826 -3781 jimd(cilcctexas.com peteanc cctexas.com Additional Support Material: — Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H1HOMEKEV INS \GENWROSTBLO \CHILLERS @008NwdMemo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Development Services /EOC (Frost Building) Chiller Replacement — 2009 Project No. 4372 PROJECT DESCRIPTION: The project consists of the providing and installing two (2) new air cooled chillers on steel beams within a mechanical room located above a portion of the third floor. The project also requires the contractor to provide and install two (2) new pumps with variable frequency drives, a chilled water bypass valve, and demolition of existing chillers, air cooled condensers, a portion of the chilled water piping, and installation of new chilled water piping with associated electrical and mechanical work. A temporary chiller will be provided by the contractor during construction to allow continued occupancy of the building. BID INFORMATION: This project was bid as a base bid. The City received proposals from five bidders (see Exhibit "B" Bid Tabulation) on May 6, 2009. The bids ranged from $263,782.00 to $388,340.00 for the Base Bid. All five proposals were properly executed and submitted in compliance with the bidding requirements for this project. The engineer's opinion of probable cost was $420,000.00. FUNDING: The chillers will be funded as a lease purchase contract. Funding for the lease purchase payments is available from the Annual Operating Maintenance Services Fund. CONTRACT TERMS: The contract stipulates the project must be complete in 140 calendar days. PROJECT BACKGROUND: The building is currently served by a chilled water plant consisting of two (2) nominal 120 ton York helical screw water chillers with matching remote air cooled condensers and two (2) centrifugal chilled water pumps. There have been multiple compressor failures on bother chillers. The cause of the failures was identified as a component deficiency with the capacity control mechanism. The capacity control mechanism is a slide valve positioned by a spring. Lubricating oil in the compressor crankcase enters the capacity control device and positions the slide valve against the spring tension. Failure to relieve oil pressure quickly enough may cause the spring to break, or the slide valve to react slowly causing it to stick in a fully loaded position causing a compressor failure. The manufacturer has repaired or replaced the units at no cost to the City through an extended warranty option purchased by the City. The compressor failures have continued despite design modification incorporated into the units. It was determined that the EXHIBIT "A" Page 1 of 2 H: HOME\K EVINS\ GEN\ FROSTBLD \CHILLERS\2008\AwdBkgExhA.doc combination of unreliability of the aging units, and frequency of repair frequency warranted replacing the existing units. EXHIBIT "A" Page 2 of 2 H: HOME\ KEVINMGENTROSTBLMCHILLERS \2008WwdBkgExhA.doc PRIOR PROJECT ACTIONS SUBJECT: Development Services /EOC (Frost Building) Chiller Replacement — 2009 Project No. 4372 PRIOR COUNCIL ACTIONS: None. PRIOR ADMINISTRATIVE ACTIONS: 1. October 8, 2008 - Administrative approval of an engineering design contract with Stridde, Callins, & Associates of Corpus Christi, Texas, in the amount of $15,000.00 for the Development Services Chiller Remediation - Forensic Analysis. 2. January 19, 2009 — Administrative approval of an engineering design contract with Stridde, Callins, & Associates of Corpus Christi, Texas, in the amount of $32,125.00 for the Development Services /EOC (Frost Building) Chiller Replacement Project — 2009. H: W OMEIKEVINS\GENWROSTBLD\ CHILLERS \2008\AwdPriorActionSExhA -1 loc ENGINEER'S ESTIMATE: 84 0 Z N W N f ❑ mU O0 OfQ - N f Z gJ cop Q f u. 0 w O O K 0 m Time of Completion: 140 Cal. Days Weathertrol, Inc. PO Box 4881 Corpus Christ, TX 78469 -4881 AMOUNT 0 0 0 0 TL Mechanical, Inc. 3618 Bretton Road Corpus Christ, TX 78413 AMOUNT O O O O O N C in N Pro Tech Mechanical 5233 111 37 Corpus Christi, TX 78408 AMOUNT O O O qm N Miller & Miller Mech., Inc. 16250 FM 624 Robstown, TX 78380 AMOUNT N Malek, Inc. 2521 Antelope Corpus Christi. TX 78408 AMOUNT 8 N m n . N N DEVELOPMENT SERVICES I EOC (FROST BUILDING) CHILLER REMEDIATION 2009 • PROJ. NO. 4372 Q 0 Total Base Bid F Z J J DESCRIPTION Base Bid w t m m All Proposals received with Bid Guaranty, Disclosure Statement, and proposal fully executed. Exhibit B Page 1 of 1 0 Q 8 1 PROJECT BUDGET Development Services/EOC (Frost Building) Chiller Replacement — 2009 Project No. 4372 June 9, 2009 FUNDS AVAILABLE: Maintenance Services Fund $103,000.00 Lease Purchase Contract $263,782.00 $366,782.00 FUNDS REQUIRED: Construction (Malek, Inc.) $263,782.00 Contingencies (10%) 26,378.20 Consultant (Stridde, Callins Associates) 32,125.00 Administrative Reimbursements 26,000.00 Engineering Reimbursements 8,000.00 Misc. (Printing, Advertising, etc.) 10,000.00 Total $366 285 20 Exhibit C Page 1 of 1 \Mproject\ councilexhibits\ exh4372. dwg LOCATION MAP NOT TO SCALE FROST BANK BUILDING 2406 LEOPARD STREET HIGHWAY 37 Oa VICINITY MAP PROJECT #4372 .111111 1111111 1111111 EXHIBIT -D- Development Services /EOC (Frost Building) Chiller Replacement - 2009 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:5/27/2009 MEV OM MI, SIM 14 AGENDA MEMORANDUM City Council Action Date: June 9, 2009 SUBJECT: Power Street Pump Station 2009 Improvements (Project No. 2315) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc., of Corpus Christi, Texas, in the amount of $177,000 for the Power Street Pump Station 2009 Improvements for the Total Base Bid. ISSUE: This project provides upgrades to the existing pump station in compliance with the City's Municipal Separate Storm Sewer Systems (MS4) permit, in addition to other facility improvements including security and heating ventilation and air conditioning (HVAC). The MS4 permit requires monitoring debris and other materials being conveyed by the storm water discharges into the receiving waters. The proposed project modifies the existing bar screen and debris conveyor collection system to allow better separation, tracking and handling of the materials. The additional improvements include automating the vehicular access gate to better secure the site and new HVAC to improve energy efficiency and quality of life for a critically manned facility. 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. "in- Valerie Gray, P.E. Director of Storm Water & Street Services 826 -1875 valerieq Ca)cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(a,cctexas. com H:\ HOME\Rachelle \GEN \Drainage1231S -Power St Pump Station\Construction\Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Power Street Pump Station 2009 Improvements (Project No. 2315) PROJECT DESCRIPTION: This project consists of debris conveyor improvements, bar screen rehabilitation, installation of a security access slide gate system, minor metal fence improvements, installation of HVAC system to the main pump station building and miscellaneous items of work required to complete project in accordance with plans, specifications and contract documents. BID INFORMATION: On April 29, 2009, the City received proposals from six bidders (see Exhibit "B" Bid Tabulation). The bids ranged from $177,000 to $257,000 for the Base Bid. The estimated cost of construction is $202,500. The low bidder was from R. S. Black Civil Contractors, Inc., in the amount of $177,000.00. One minor bid error was noted with one of the other bidders that did not affect the low bid. City staff and the consultant, Urban Engineering, are recommending that the contract be awarded to R.S. Black Civil Contractors, Inc., of Corpus Christi, in the amount of $177,000.00 for the Base Bid. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in September 2009. PROJECT BACKGROUND: The Power Street Pump Station is one of the fully manned sites during major storms, making the security and environmental controls a high priority for this facility. The pump station services the Arena and Port "watershed" areas and is one of two sites selected under the City's Municipal Separate Storm Sewer Systems (MS4) permit to better monitor storm water discharges. The MS4 provides the City the authorization to discharge into U.S. waters and addresses the water quality of the discharges. The, Storm Water Program for MS4s is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practical Storm water runoff can change natural hydrologic patterns, accelerate stream flows, destroy aquatic habitats, and elevate pollutant concentrations and loadings. Development substantially increases impervious surfaces, thereby increasing runoff from city streets, driveways, parking lots, and sidewalks, on which pollutants from human activities settle. Common pollutants in runoff include pesticides, fertilizers, oils, metals, pathogens, salt, sediment, litter and other debris which are transported via storm water and discharged — untreated — to water resources through storm sewer systems. Through extensive efforts of the City along with its co- permittees (Del Mar College District, Texas A &M University- Corpus Christi, Texas Department of Transportation, and the Port of Corpus Christi Authority), the City of Corpus Christi and co- permittees successfully obtained a MS4 Texas Pollution Discharge Elimination System (TPDES permit from the EXHIBIT "A" Page 1 of 2 1-1: \ HOME RachellthGEN1DrainagM2315-Power SI Pump Slalion \Consaumion\Agenda Background.Eoc Texas Commission on Environmental Quality (TCEQ). This permit requires the City and four co- applicants to develop and implement a Storm Water Management Program (SWMP), which includes pollution - prevention measures, storm water monitoring, use of legal authority, and other appropriate means to control the quality of water discharged from the MS4 that reach waters of the United States. The SWMP must include controls to effectively prohibit the discharge of non -storm water into the MS4 to minimize the discharge of pollutants to the MS4 to the maximum extent practical. One component of the SWMP is the requirement to reduce the discharge of floatables (e.g. litter and other human - generated solid refuse) into the MS4. The reduction of floatables discharged from the MS4 must include source controls, and where necessary, structural controls and other appropriate controls. The improvements to the Power Street Pump Station bar screen will provide a mechanical means of reducing the amount of floatables discharged from the MS4. It will also allow storm water staff to measure the amount of debris removed from the MS4, and provide opportunities for staff to track the source(s) of floatables through any identifying information found in the collected materials. EXHIBIT "A" Page 2 of 2 H:HOMEIRache11e1GEMOrainage12315 -Power St Pump Slalion \Conslruction1Agenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: Power Street Pump Station 2009 Improvements (Project No. 2315) PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. April 3, 2009 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $37,325 for the Power Street Pump Station 2009 Improvements (Project No. 2315) for design, bid and construction phase services. H'IH(1NFIRenhmicanFMFnnnelDAn, P,.,I ,, Arline Ann 0 O N O N H w H F- w W m K W w z z w iht Constr. Nest Dr. -X 79932 AMOUNT $ 9,000.00 $ 45,000.00 $ 196,000.00 $ 7,000.00 0 0 0 N N N UNIT PRICE 00 0 0 0 o 0 O O 0 6 a m 69 w UNIT PRICE AMOUNT $ 145,350.00 $ 70,533.00 $ 15,000.00 $ 7,000.00'1 0 m ro I, N w UNIT PRICE 1- 2 7 0 2 POWER ST. PUMP STATION 2009 IMPROVEMENTS CITY PROJECT NO. 2315 $ 7,000.00 U DMB Con 4722 N Corpus Chris F W 2 U D a HVAC System Access Slide Gate and Integrated Control System 'Bar Screen Area Improvements Utility Allowance (Mandatory Allowance) TOTAL BASE BID' -- 6 m a AMOUNT Bridges S 117 Sandia, T w Z U Da m M N N 69 m ro — N a a (NU 0 w'- R. S. Black Pt O. Box 6218 Corpus Christi, TX 78466 AMOUNT $ 49,000.00 $ 100,000.00 $ 177,000.00 w 7 a Nw oo o 00 0 0 0 •w r UA I t: /ipm ca, twit . ..- POWER ST. PUMP STATION 2009 IMPROVEMENTS CITY PROJECT NO. 2315 F- Z J 0 J J J r r z c a_ Fe c C HVAC System Access Slide Gate and Integrated Control System Bar Screen Area Improvements 'Utility Allowance (Mandatory Allowance) TOTAL BASE BID C tv 0 v S N E c a v L N co W L N w w m 0 v 1-- O n v L_ co G co 0 c .c t L 0 3 E c o • .c m > N C 5 E c > 0 m `v A c to to to u ▪ a 'E • 7 y a L - ra L o L n 3 N m CO v c o v o ly iaren ox 450 N 37303 $ 9,000.00 $ 45,000.00 $ 196,000.00 $ 7,000.00 0 0 0 N N N UNIT PRICE 00 0 0 0 o 0 O O 0 6 a m 69 w J. M. Davidson, Ltd. 2564 CR 1960 Aransas Pass, TX 78336 AMOUNT $ 145,350.00 $ 70,533.00 $ 15,000.00 $ 7,000.00'1 0 m ro I, N w UNIT PRICE 0 0 00 M 10 00 N O to r ww 69 POWER ST. PUMP STATION 2009 IMPROVEMENTS CITY PROJECT NO. 2315 J J a U z 0 a_ 0 U w w ❑ HVAC System Access Slide Gate and Integrated Control System 'Bar Screen Area Improvements Utility Allowance (Mandatory Allowance) TOTAL BASE BID' -- 6 m a I EXHIBIT "B" I POWER STREET PUMP STATION 2009 IMPROVEMENTS (PROJECT NO. 2315) PROJECT BUDGET June 9, 2009 FUNDS AVAILABLE: ESTIMATED BUDGET Storm Water CIP Fund 1 $ 241,105.00 FUNDS REQUIRED: Construction Cost (R.S. Black Civil Contractors, Inc.) $ 177,000.00 Construction Contingencies 17,700.00 A/E Consultants (Urban Engineering) 37,325.00 Engineering Reimbursements 5,310.00 Finance Reimbursements 1,770.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 241,105.00 EXHIBIT "C" Page 1 of 1 MAIN TURNING BASIN CORPUS CHRISTI SHIP CHANNEL ate, Stir POWER STREET PUMP STATION 2009 IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/14/2009 15 AGENDA MEMORANDUM City Council Action Date: June 9, 2009 SUBJECT: Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation (Project No. 2198) Lexington Road Bridge Replacement Water Line Relocation (Project No. 2199) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $137,492.87 for the total of Base Bid A plus Base Bid B for the following: • Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation (Project No. 2198), and • Lexington Road Bridge Replacement Water Line Relocation (Project No. 2199) ISSUE: These projects provide for the replacement and relocation for City underground utilities for upcoming bridge replacement projects. The existing bridges are wooden timber structures that are at the end of their design life and programmed to be reconstructed by the Texas Department of Transportation (TXDOT). The water and wastewater utilities will be reconstructed outside the footprint of the new bridges. The new bridges will take into account the 25 -year and 100 -year storm water conveyance and will be constructed using reinforced concrete foundations and rigid concrete boxes and culverts as needed. The proposed projects are only for the utility replacement and relocation for the bridge replacement and the City is responsible for 100% of the utility relocation cost. The projects were coordinated with other local utility pipeline franchises and TxDOT. FUNDING: Funding for this project will come from the Wastewater and Storm Water Capital Improvement Budget FY 2009 (WW39 and SW02). RECOMMENDATION: Staff recommends approval of the motion as presented. Valerie Gray, P.E. Director of Storm Water & Street Services 826 -1875 valerieq Cn�cctexas. com Foster Crowell Director of Wastewater Services 826 -1801 fosterccctexas.com Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean c(Dcctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: HOME\Rachelle \GEMDrainage\21988 2199-Kingsbury & Lexington Ulilities\Construction\Agenda Memodoc AGENDA BACKGROUND INFORMATION SUBJECT: Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation (Project No. 2198) Lexington Road Bridge Replacement Water Line Relocation (Project No. 2199) PROJECT DESCRIPTION: This project provides for the relocation and upgrade of underground City utilities for the Kingsbury and Lexington Bridges. This project must be completed prior to upcoming Texas Department of Transportation (TXDOT) bridge replacement projects. The following presents the specific project scope of work under this contract including all appurtenances and associated work in accordance with the plans, specifications, and contract documents: • The Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation project consists of rehabilitation of 70 L.F. of 36" diameter vitrified clay pipe (VCP) with cured -in -place pipeline (CIPP), removal of one 4' diameter brick manhole and installation of one 6' diameter fiberglass reinforced plastic (FRP) manhole (concrete encased). • The Lexington Road Bridge Replacement Water Line Relocation project consists of installation of 301 L.F. of 8" diameter polyvinyl chloride (PVC) water line and abandonment of 223 L.F. of 8" asbestos cement pipe (ACP) water main. This project was coordinated for the bridge replacement by TXDOT and with private gas pipeline franchises for relocation of existing underground pipelines. BID INFORMATION: The project was organized to allow contractors to bid on both or only one bridge. On April 29, 2009, the City received proposals from seven bidders for both bridges with one bidder submitting a proposal only on the Lexington Bridge (see Exhibit "B" Bid Tabulation). The bids ranged from $137,492.87 to $522,415.00 for the Base Bid for both bridges. The estimated cost of construction is $144,500. The low bidder was from H &G Contractors, in the amount of $137,492.87 for both bridges, which also represented the lowest for either bridge. City staff and the consultant, HDR Engineering, are recommending that the contract be awarded to H &G Contractors of Corpus Christi in the amount of $137,492.87 for the Base Bid for the utility replacement for the Kingsbury Drive and Lexington Road bridges. CONTRACT TERMS: The project is estimated to require 60 calendar days, with completion anticipated in September 2009. PROJECT BACKGROUND: The Kingsbury and Lexington Bridges are the last two wooden timber structures within the City and are at the end of their design life. TxDOT has programmed the bridges for replacement as part of the state's bridge maintenance plan. The Wooldridge Road Bridge was another timber bridge that was recently completed by EXHIBIT "A" Page 1 of 2 H \ HOMEViachelle1GENMDrainage12198 8 2199 - Kingsbury & Lexington Ulililies1ConslructionNgenda Background doe TxDOT and coordinated with the Wooldridge Street Reconstruction Phase 1& 2 projects under Bond 2004. Bridge work is administered by TxDOT which includes projects for construction of new bridges and replacement, rehabilitation, repair, and maintenance of existing bridges on the public highways, roads, and streets. The proposed projects are only for the utility relocation for the bridge replacement and the City is responsible for 100% of the utility relocation cost. The public highways, roads, and streets may either be "on- system" or "off- system ". On- system routes are on the designated state highway system while off- system routes are not part of the designated state highway system and are under the direct jurisdiction of the local government. On- system bridge projects are typically funded with a combination of federal -state funds or 100% state funds, while off - system bridge projects administered by TxDOT are typically funded with a combination of federal- state -local or a combination of federal -local funds. The Kingsbury, Lexington and Wooldridge bridges are off - system bridges and typically would require City participation fully with the utility relocations and 10% of the bridge replacement cost. However, with the City assuming 100% of the Laguna Shore Road Bridge reconstruction, TxDOT has agreed to use the Laguna Shores Bridge reconstruction cost as the "match" for the Wooldridge, Kingsbury and Lexington Bridge reconstruction cost sharing. Laguna Shores is another off - system bridge. The table below is from the TxDOT 2008 report for the status of the bridges within the responsibility of the local TxDOT Corpus Christi District. TxDOT provides 2 -year inspection cycles for all on- system bridges and 4 -year inspection cycles for all culvert bridges. TxDOT's goal is to have a minimum of 80% of all bridges in good or better condition with no structurally deficient on- system bridges by the year 2011. On- System Bridges District County Good or Better Structurally y Deficient Functional) y Obsolete Sub- Standard for Load Only Total Bridges Percent Good or Better Corpus Christi Total for all Counties 1,170 10 86 5 1,271 92% Nueces 289 5 30 1 325 State -Wide 28,802 354 3,863 99 33,118 87% Off - System Bridges Corpus Christi Total for all Counties 286 29 44 20 379 75% Nueces 123 7 10 3 143 State -Wide 10,892 1,460 3,922 1,180 17,454 62% Off - system bridges fall under the local counties and cities. The City of Corpus Christi has jurisdiction of 110 off - system bridges. The City Storm Water & Street Department plans to include bridge improvements through future capital improvement plans and apply for matching federal and state funding. H1HOME \Rachelle1GEMDrainagel2198 8 2199 - Kingsbury & Lexington Utilities1ConslmdiornAgenda Background.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation (Project No. 2198) Lexington Road Bridge Replacement Water Line Relocation (Project No. 2199) PRIOR COUNCIL ACTION: 1. June 24, 2003 — Resolution authorizing the City Manager, or the City Manager's designee, to execute an Advance Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following bridge replacement projects: Wooldridge Road Bridge, Kingsbury Drive Bridge, and Lexington Road Bridge. (Resolution No. 025350) 2. January 11, 2005 — Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering Inc. in the amount of $433,234 for a total restated fee of $458,207 for the following projects: Concrete Lined Channel Rehabilitation —Van Galen Phase 1 (Project No. 2211), Carroll West (Project No. 2213), Airport Phase 2 (Project No. 2247), and Flynn Shea (Project No. 2248); Bridge Rehabilitation- Kingsbury Drive (Project No. 2198) and Lexington Road (Project No. 2199); and Drainage Channel Excavation at Saratoga Boulevard Bridge (Project No. 2204). (Motion No. 2005 -009) 3. November 18, 2008 - Motion authorizing the City Manager or his designee to execute a reimbursement agreement with Tierra Pipeline Group, LLC, of San Antonio, Texas, in an amount not to exceed $150,000 for the Kingsbury Drive Bridge Replacement for relocation of existing utility lines. (Motion No. 2008 -304) 4. 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 30, 2004 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with HDR Engineering Inc. in the amount of $24,973 for the Concrete Lined Channel Rehabilitation — Airport Ditch project for design, bid and construction phase services. 2. January 19, 2006 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with HDR Engineering Inc. in the amount of $5,350 for Concrete Lined Channel Rehabilitation - Airport Phase 2 (Project No. 2247) for preparation of Addenda Nos. 1 & 2 for repair of slope failure along Horne Road Ditch. 3. November 14, 2008 — Administrative approval of a small Reimbursement Agreement with Air Liquide Large Industries U.S., LP, in an amount not to exceed $35,000 for the Kingsbury Drive Bridge Replacement (Project No. 2198) to cut and cap an existing utility line. 4. March 23, 2009 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with HDR Engineering Inc. in the amount of $5,000 for Bridge Rehabilitation- Kingsbury Drive (Project No. 2198) and Lexington Road (Project No. 2199) for preparation of plans into one bid package for construction of this project. ENGINEER'S ESTIMATE: Base Bid Jhabores Construction Co. P.O.Box 60089 Corpus Christi, TX 78466 F.. Q 5,000.00 52.920 00 8 34,830.00 I 7,517.00 336600 R 8 8 S 108,994.001 8 8 n 2,104.001 0 N 523.00 I 8 n 8 N 0 0 0 0 2,007001 8 8 ry 4.400 00_1 - 'A y 0 M co CO N UNIT PRICE 1 5,000.00 I. 1,853 00 34,830.00 7.517 00 °° A 1000 8 93.00 526 00 52700 52300 8 b m n 0 59.00 1,654 00 1,135.00 T n 8 n Allstate Utilities and Construction Co. P.O,Box 71418 Corpus Christ, TX 78467 AMOUNT_ 7 g a 1,800.00 6,860 00 8 m 8 O 8 $ m O O . p $ 8 8 2.680 00 1,440 8 8 ' ° & . ni 8 N 8 8 $ . 1 26,400 00 S 70,908.80 1 $ 167,668.80 W ff t a 8 800.00 I 8 8 S§ 000066 8 e 4,200.00 I 3.600.00 220.00 8$ ' ° 8 8 R A 2,680.00 720.00 48.00 1,390.00 2,680.00 22.50 8 a 2,400.00 120.00 SLC Construction, LLC. 1165 Rodeo Drive Aransas Pass, TX 78336 AMOUNT 8 S co 8 8 8 m N 8 m m .- 00 089 2,040.00 8$ m m N °° , m 8 t 8 8 A 3.774,00 3,060.00 1,754.40 1.59120 2.040.00 3,94284 m 2,040,00 . m ro td $ 147,532.46 UNIT PRICE 6,800.00 A 8 A m 8 °° u 8 . m 2,040.00 8 S 8 8 em 8. N A 8 A A 8 8 R 58.48 1.591.20 2,040.00 17.68 2.72 40.80 H 8 G Contractors 1225 Southern Minerals Road Corpus Christ, TX 78409 UNIT PRICE r AMOUNT 8 m 8 n m m$ . m n - f 8 $ 213.97 I 213.97 82600 I 825.00 0.01 0 421 S 96,413.25 ° 0 N 8 8 N 7613 22.614.13 324.50 1,298.00 32530 325,30 322.08 322.08 2,088.20 2.088.20 5]3 76 1.147 52 44.79 1,34370 1,396.32 1,396.32 245.60 245.60 14.93 3.329.39 N m m 8 m 0.01 I 2.20 O < $ 137,492.87 9.87500 8 m 2,433.78 12,684.10 a m 8 m KINGSBURY DRNE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT N0.2196 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT N0.2181 7 J 9 �' ., m. 5 6 6 6 6 5 9' , J 9 a y .. m e .. ry „g - - n § - DESCRIPTION co co A 5 Rehabilitate 36' Die. VCP Sewer with CIPP and Televise before and after installation Remove existing 4'Dia Brills Manhole (13.1' Depth Construct New 6'Dia. FRP Manhole, encased in p?ntxrive rnnerete encasement 113.111001N Control of Wastewater Flows f Trent Safety for Manhole Temporary Erosion Control Measures Traffic Control Measures f Well Pointing SUBTOTAL BASE BID (KINGSBURY) (ITEMS Al THROUGH A91 Mobitixation, Demobilization and Bonds 1 8' Dia PVC Waterline (C.900) 8' -45 Degree Bend 8 ). 22.5 Degree Bend 8' -11.25 Degree Bend 8' - Tapping Valve and Tapping Sleeve Connection to Existing B' Dia ACP Water Line 18' Dia RCP Storm Drain 18" Dia. Safety End Treatment Temporary Erosion Control Measures Grout Existing 8' Dia ACP Water Line Trench Safety Traffic Control Measures 1Well Painting SUBTOTAL BASE BID (LEIUNGTON) (ITEMS B1 THROUGH 613) TOTAL BASE BID ( ITEMS Al THRU A9, AND B7 THRU B14 ) o E. 'm 8 a m a m � m m 2 m 2 m rn m m e m Y c A m N 0 m 2 8 s 8 EXHIBIT "B" Fr' m S 0 a 8 1.1 King4sles, Inc. 1841 Goldston Road Corpus Christi, TX 78409 AMOUNT 1 0 m 0 NO BID S 0 m z NO BID 0 m 0 NO BID 0 m 0 0 m 0 0 m 0 0 m 0 8 x° 8 8 1,420.00 ry 390.001 8 8$ 8 n 8 m 1.500 II 8 m 8 8 m 8 n. 8 8 $ N. N.. 8 8 8 3 m in w a t z 0 0 m 2 0 m 2 0 m 2 0 m 2 0 m 2 NO BID 0 'm 2 0 m 2 NO BID $ 355 00 & 385.00 2,600.00 8 m 8 8 8 8$ 8 8 8 R 8 8 Ram-Bro Contractng, Inc. 904 Indusbial Avenue Robstown, TX 78380 AMOUNT 8. S p8 0 ^ 00'000'9 0 d 0 Q 8 8 n 8 n 8 .� 320,000.00 8 $ . 88 0 d 24,080.00 8 8 - ...__.._. _. 400.00 $ 8 3 1,500.00 2,000.00 8 0a 2,230.001 8 - 5,000,00 I 8 n 8 • $ n a n n w W a o. D 8 $ 8 s e 20,000.00 2,000.00 8 0 5000.00 0 00'08 400.00 400 00 8 ° 8° °s. 8 2,000.00 8 0 8 8 8 8 DMB Construction 4722 Neptune Corpus Christi, TX 78405 00 z aO 8 R$ 8 8 8 v 22,227.00 8 8 - M 7,304.00 23,67064 n S 582.00 8 3,667.00 ° . 8 8 v 8 Si `° o 3.785.00 35,72360 ri . » $ 327,868.01 a F. 0 2 0 m 4 v 0 40,844.00 p 4 a O O, 4° a N it ° y V . O ° 5i 582.00 S 8 1,833.50 174.47 p O O O 8 6 b N O O J.M. Davidson, LTD P.O. Box 4639 Corpus Christ TX 78489 AMOUNT 8 . 8 ° $ 8 8 8 0 8 .- 8. 8. 3,000.00 s8 N 8 m 25.494.70 8 R n 8 8 8 3,230.00 8 3.900 00 8 ' 8 o . 8 d 8 e . 7880.00 14,080.00 £ w & n VI h N h UNIT PRICE $ 8$ 8 O 8 p 8 O 8 8 O 8° O 8 540.00 538,00 3,230.00 ° O 8 O 8. 000006 O 8. 8. O 8 O 8 KWGSNURY DAVE BRIDGE REPLACEMENT WASTEWATER SYSTEM RENABIUTATION PROJECT NO. 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER UNE RELOCATION PROJECT NO. 2199 2 O 02 m Mobilization, Demobilization and Bonds Rehabilitate 36' Dia. VCP Sewerv4N CIPP and Televise before and after installation Remove exlsling 4'Dia BMk Manhole (13.1' Depth Construct New Ma. FRP Manhole, encased in protective concrete encasement (13.1'Depth) Control of Wastewater flows Trench Salary for Manhole Temporary Erosion Control Measures Traffic Control Measures Well Pointing SUBTOTAL BASE BID (KINGSBURY) (ITEMS Al THROUGH A9) Mobilization, Demobilization and Bonds 8' Dia PVC Water Line (0900) 8'- 45 Degree Bend 0` m° i S tr., ,8' -11.25 Degree Bend 8' - Tapping Valve and Tapping Sleeve l Connection to Existing 8' Dia ACP Water Line 18' Da RCP Storm Drain 18' Dia. Safety End Treatment Temporary Erosion Control Measures Grout Existing B' Dia ACP Water Line a 5 -- Traffic Control Measures 8' 1 m SUBTOTAL BASE BID (LEXINGTON) (ITEMS 81 THROUGH 813) TOTAL BASE BID ( ITEMS Al THRU A9, AND 151 THRU B14 ( gg -E 'a `/ a °a a a a a a i m 2 m 2 m 2 m 2 m°m ; n m ,m v EE 2 1 EXHIBIT "B" 1 KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION (PROJECT NO. 2198) AND LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION (PROJECT NO. 2199) PROJECT BUDGET June 9, 2009 FUNDS AVAILABLE: ESTIMATED BUDGET Wastewater CIP Fund $ 296,449.91 Storm Water CIP Fund $ 127,049.96 NE Consultants (HDR Engineering Inc.) 79,758.00 Total $ 423,499.87 FUNDS REQUIRED: Construction Cost (H &G Contractors) $ 137,492.87 Construction Contingencies 13,749.29 NE Consultants (HDR Engineering Inc.) 79,758.00 Pipeline Relocations (Air Liquide & Tierra Pipeline Group) 185,000.00 Engineering Reimbursements 4,124.79 Finance Reimbursements 1,374.93 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 423,499.87 EXHIBIT "C" Page 1 of 1 \ Mproject \councilexhibits \exh2198C. dwg PROJECT #2198 & 2199 LOCATION MAP NOT TO SCALE EXHIBIT 'D' KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION AND LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/20/2009 WM' MIN MP IMMO wv 16 AGENDA MEMORANDUM DATE: June 9, 2009 SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Highway Technologies, L.P. of Corpus Christi, Texas in the amount of $103,142.50 for Citywide Street Striping and Pavement Marking contract. The term of the contract will be for 12 months with an option to extend for up to two (2) additional 12 -month periods. ISSUE: The proposed project out - sources street striping and pavement markings in a cost - effective manner to accomplish the Street Department's requirements. This is a one -year contract with two potential one - calendar -year terms. An economic adjustment will be negotiated at the conclusion of each calendar -year period, subject to the approval of the City Council, Contractor and the Engineer. FUNDING: Funding is available from the FY 2009 Street Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. rjZValerie Grey, P.E. Director of Storm Water & Street Services 826 -1872 va le rieg Cad cctexa s. co m W,/§e3 Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteanCcr)cctexas.com , Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H9HGME\ KEVINS\ GEMSTREETS \6421A- 2009SCipingWwdMemo dw BACKGROUND INFORMATION SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421) PROJECT DESCRIPTION: The actual work consists of furnishing and placing reflectorized pavement markings at various locations throughout the City under multiple work authorizations [indefinite delivery / indefinite quantity (IDIQ)]. The approximate minimum quantity of work for most authorizations will be 40,000 LF of striping. However, authorizations of less than 40,000 -If of striping are anticipated three per year. According to the proposal form, the street striping and pavement markings project consists of the following: ➢ 469,600 -If of 4" solid and skip white and yellow striping ➢ 800 -If of 8" solid and skip white striping ➢ Three instances of small - quantity authorizations (less than 40,000 LF) BID INFORMATION: Bids were received on May 6, 2009 with four (4) bidders submitting a proposal. The engineer's estimated cost of construction is $150,000. Bids ranged from the low recommended bid of $103,142.50 to $166,825.00. See Exhibit "C" Tabulation of Bids. The low qualified bid was submitted by Highway Technologies, L. P. The City's consultant, HDR Engineering, Inc., and City staff recommends that the construction contract be awarded to Highway Technologies, L. P. of Corpus Christi, Texas, in the total amount of $103,142.50 for the Total Base Bid on the City -wide Street Striping and Pavement Marking Contract. ADDITIONAL INFORMATION: This is the second year the City has contracted for striping and pavement marking services. Highway Technologies was the successful bidder in 2007 in an amount of $140,100. That contract was for a much larger quantity consisting of the following: ➢ 1,357,000 LF of 4" solid and skip white and yellow striping ➢ 4,600 LF of 8" solid and skip white striping ➢ Five instances of small - quantity authorizations (less than 40,000 LF) The 2007 contract did not specify reflectorized material which has a greater durability as specified for 2009. TIME OF COMPLETION: The contract provides for the work to be complete within one (1) calendar year (12 calendar months) of notice to proceed. EXHIBIT "A" Page 1 of 1 H \HOMEIKEVINS \GENT STREETS\ 8421A- 2009SIriping1AwdUkgExM.doc PRIOR PROJECT ACTIONS SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421) PRIOR COUNCIL ACTION: 1. July 22, 2008 — Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2007; to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 027776) PRIOR ADMINISTRATIVE ACTION: 1. May 16, 2007 — Administrative approval of an Engineering Services Agreement with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $25,000 for the City -wide Street Striping and Pavement Marking. 2. In Process - Administrative approval of a Amendment No. 1 to Engineering Agreement with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $5,000 for a restated not to exceed total fee of $30,000 for the City -wide Street Striping and Pavement Marking 2009. EXHIBIT "A -1" Page 1 of 1 H9HOME\KEVINS\GEN\ STREETS\ 6421A- 2009SIripingkAwrIPriorAdsExhA -1 doc PROJECT BUDGET CITY -WIDE STREET STRIPING AND PAVEMENT MARKING Project No. 6421 June 9, 2009 FUNDS AVAILABLE: Street Operating $124,000.00 FUNDS REQUIRED: Construction (Highway Technologies, L. P.) $103,142.50 Contingencies (10 %) 10,314.25 Consultant (Shiner Moseley & Associates /HDR Engineering, Inc.) 5,000.00 Engineering Reimbursements 4,500.00 Misc. (Printing, Advertising, etc.) 1,000.00 Total $123,956.75 H1 USERS2IHOME \VELMAP\GEN\STREE716421 CITY WIDE STR STRIPING PAVEMENT MARKINGIPROJECT BUDGET Exhibit B Page 1 of 1 PAGE 1 OF 1 0 0 N 0 O 00 0. z 01 5f 2 a0 Fw O i w a 6 O a VN 6a $ 19,390.00 m $ 12,145.00 I " "e 780.00 1 $ 40.00 m F Interstate Barrica 18219 C Pearland, K 5 0.35 $ 0.35 $ 0.35 0 o 1 5 0.20 $ 0.20 0 I $ 0.40 a" $ 13,296.00 I 5 66,480.00 I m .l m $ 992.00 $ 4,312.00 r .i a. .i Pavement Mao 7010 N. Donna. T Vo n $ 0.20 0 $ 0.28 I n o 0 0 o n n N an to N 5 8,848.50 I $ 315.00 I n m n N $ 8,254.40 " N u. .� N m m ti N Flasher Equ 246 N. ,3 San Antoni0 0 a 0.248 0.248 o 0 0.450 0.330 0.330 0 0 0.750 4,475.000 0logies. L.P. 2 Products 1. Texas 78409 $ 6,648.00 " $ 69,250.00 $ 525.00 $ 527.00 $ 527.00 n n 00'6 5 .. $ 103,142.50 00 0 0.245 0 0.220 0.750 0.085 0.085 0 0.085 0 000'005 0. tl 4 N W 0 0 V a d in in n m r b • DESCRIPTION REFLECTORIZED PAVEMENT MARKINGS (4•)(SOLIDI (WHITE) CTYPE I) REFLECTORIZED PAVEMENT MARKINGS OKEN)(WHIT£I (1'V0 II U )188 REFLECTORIZED PAVEMENT MARKINGS (4•)(SOb.UJ) ELLOW)(YPE II REFLECTORIZED PAVEMENT MARKINGS 1. ee 11 (4 ") IBROKENI IYELIAW REFLECTORIZED PAVEMENT MARKINGS •1 ISOLIDI NanT ((TYPE II REFLECTORIZEO PAVEMENT MARKINGS (4') (SOLID) (WHITE) (TYPE II) REFLECTORIZED PAVEMENT MARKINGS I IWNITE)ITYPE II) )(BROKEN REFLECTORIZED PAVEMENT MARKINGS II) (4 (SOLID, (YELLOWI REFLECTORIZEO PAVEMENT MARKINGS SAw)(TYPE II) (9) lcnvmdl (YEL REFLECIORIZED PAVEMENT MARKINGS )TYPE III (8`I ISOLID7 lWNZT£7 SMALL QUANTITY AUTHORIZATIONS (LESS L O F i a g a °a g a a a 6a \ Mproject \councilexhibits \exh6421 b.dwg CORPUS CHRISTI BAY N NOTE: CITY WIDE PROGRAM PROJECT No. 8421 LOCATION MAP NOT TO SCALE GULF OF MEXICO EXHIBIT If CITY -WIDE STREET STRIPING AND PAVEMENT MARKING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:5/27/2009 17 AGENDA MEMORANDUM City Council Action Date: June 9, 2009 SUBJECT: O.N. Stevens Facility Alterations Project No. 8657 / CIP No. WA 12 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas, in the amount of $165,700 for the O.N. Stevens Facility Alterations project for design, bid and construction phase services and additional services. ISSUE: The existing O.N. Stevens Water Treatment Plant ( ONSWTP) was constructed in the 1950's and is in need of major physical plant process improvements as well as administrative space upgrades to improve the "command -in- control" functions. This project specifically addresses the reconfiguration of the existing administrative and operational spaces at the ONSWTP to replace the existing control center with a state -of- the -art control center for improved plant process monitoring and control training with provisions for SCADA/telemetry upgrades. A redesigned administrative area and training area will help promote better management and operational practices for staff. There will also be a briefing /training area for interaction with local community stake holders and visiting groups. This project will also address critical needs for ADA accessibility for the facility. FUNDING: Funding for this project will come from the Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Gus avo Gonzalez, P.E. Director of Water Services 826 -1874 qustavogo ncctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "0" Location Map H: \HOME\RachelIe \GEN \Water\ONSWTP \8657-ONS Facility Alteralions'Agenda Memo doe Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean ncctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Facility Alterations Project No. 8657 / CIP No. WA 12 PROJECT DESCRIPTION: This project addresses the reconfiguration of the existing administrative and operational spaces at the ONSWTP to replace the existing control center with a state -of- the -art control center for improved plant process monitoring and control training with provisions for SCADA/telemetry upgrades. It also includes a redesigned administrative area and training area to better promote the management and operational practices for staff with ADA accessibility improvements. There will also be a briefing /training area for interaction with local community stake holders and visiting groups. This project will include "master planning" for the building site and parking layouts, followed by preliminary design schematics, design and construction document preparation, bidding and construction administration. CONTRACT DESCRIPTION: The consultant, Chuck Anastos Associates, LLC, will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary phase will include developing a master plan for the layout of building and parking with schematic designs to best determine space utilization and accessible routes. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include topographic survey, windstorm design certification, coordination with the Texas Department of Licensing and Regulation for final ADA accessibility inspection, construction observation /inspection, and public meetings. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". BACKGROUND: The ONSWTP is an aging facility that requires strategic capital improvement projects to enhance the operational readiness, code compliance and implementation of new improved technologies and processes. This project was identified in the City's Capital Improvement Plan to implement new technologies and processes for a state -of- the -art command -in- control room with provisions for SCADA/telemetry upgrades, ADA accessibility, public interaction and awareness and quality of life for the plant employees. These improvements will enhance the quality of service and responsiveness to the key stake holders and citizens of Corpus Christi. EXHIBIT "A" Page 1 of 1 H: \ HOME \ Rachelle GEMINatenONSIMP18657-ONS Facility AlteralionstAgenda Background aoc PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Facility Alterations Project No. 8657 / CIP No. WA 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. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other 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 and Other 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 and Other Projects to 206 engineering firms (86 local and 120 non - local). CONTRACT SUMMARY 1. SUBJECT: O.N. Stevens Facility Alterations Project No. 8657 / CIP No. WA 12 This project provides for the reconfiguration of the existing administrative and operational spaces at the O.N. Stevens Water Treatment Plant (ONSWTP). This project will replace the existing control center with a state -of- the -art control center for improved plant process monitoring and control training. A redesigned administrative area and training area will help promote better management and operational practices for staff, as well as a briefing /training area for the local community stake holders and visiting groups. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Wednesday June 10, 2009 Begin Master Plan Phase Wednesday July 1, 2009 Begin Preliminary Phase Wednesday July 15, 2009 Begin Design Phase Friday August 14, 2009 Interim Submittal (60 %) Friday August 21, 2009 City Review Friday September 4, 2009 Pre -Final Submittal Friday September 18, 2009 City Review Friday October 2, 2009 Final Submittal Monday (2) TBD Advertise for Bids Tue/Wed/Thu TBD Pre -Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion H:1HOME\ Rachel )e\GEN \Waler\ONSwTP\8557 -ONS Facility Alterations \Contract Summary.aoc 4. FEES Fee for Basic Services 1. Preliminary Phase $15,930 2. Design Phase 48,889 3. Bid Phase 5,310 4. Construction Phase 9,620 Subtotal Basic Services Fees 79,749 Fee for Additional Services (Allowance) 1. Permit Preparation (TDLR & Windstorm) (AUTHORIZED) 5,000 2. Topographic Survey (AUTHORIZED) 18,021 3. Facility Master Plan (AUTHORIZED) 15,930 4. Construction Observation Services 22,500 5. Furniture Design and Documents (AUTHORIZED) 3,500 6. Landscape Plan (By Licensed Landscape Designer) (AUTHORIZED) 15,000 7. Warranty Phase & As- Builts 6,000 Sub -Total Additional Services Fees Authorized 85,951 Total Authorized Fee $165,700 The estimated cost of construction for O.N. Stevens Facility Alterations is $957,750. The basic services fee proposal for this project is $79,749. Therefore, the percentage of basic engineering services cost to construction cost is 8.3 %. HANOME\ Rachelle \GEN\Waler\ONSWfP\6657 -ONS Facility Alterations \Contrail Summary.COc File : \ Mproject \councilexhibits \exh8657.dwg NUECES P F.M. 624 w 0 PROJECT #8657 PROJECT LOCATION co poly Up 0 CY w NJ z HWY 44 a ce ce 0 zz 0 0 3 0 AGNES ROAD 37 N JV'UTCTS Bay CY N 0 CCIA LOCATION MAP NOT TO SCALE CY g BEAR 0 EXHIBIT 'D" O.N. Stevens Facility Alterations CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/25/2009 18 AGENDA MEMORANDUM City Council Action Date: June 9, 2009 SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Saratoga to Holly (Project No. 6494) Phase 2 from Holly to Williams (Project No. 6495) CIP No. Bond Issue ST 20 & ST 21 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi, Texas, in the amount of $1,665,349 for design, bid, construction and additional phase services for Staples Street (Bond Issue 2008): • Staples Street, Phase 1 from Saratoga to Holly • Staples Street, Phase 2 from Holly to Williams ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. Staples Street has become one of the major connectors from South Padre Island Drive to the City's rapidly developing southside area. These proposed improvements include the complete reconstruction of a five -lane urban arterial street including two travel lanes in each direction and a continuous left-turn center lane or a raised median. The proposed contract is for design, bid, construction and additional phase services for this project. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. c 1/4'4 Valerie Gray, P.E. it' t Director of Storm Water & Street Services 826 -1875 valerieq @cctexas.com Foster Crowell Director of Wastewater Services 826 -1801 foste rc(a�cctexas. co m Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H: \HOME \Rachelle \GEMStreets\6494 & 6495.Staples Ph 1 & 2Wgenda Memo doe Pete Anaya, P.E. Director of Engineering Services 826 -3781 petea n A cctexas. co m ,Gustavo Gonzalez, P.E. �? Director of Water Services 826 -1874 q ustavogo(a)cctexas. com /AM AGENDA BACKGROUND INFORMATION SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Saratoga to Holly (Project No. 6494) Phase 2 from Holly to Williams (Project No. 6495) CIP No. Bond Issue ST 20 & ST 21 PROJECT DESCRIPTION: Both phases of street work will consist of the complete reconstruction of the five -lane urban arterial street including two travel lanes in each direction and a continuous left -turn center lane or a raised median. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting (by AEP). CONTRACT DESCRIPTION: The consultant, Freese and Nichols, Inc., will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, right -of -way and topographic surveys, construction observation services, public meetings and a median /traffic impact assessment. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". 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. H:IHOMEV2achelle\GEMSeeets16494 8 6495 - Staples Ph 18 2Vtgenda Background.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Saratoga to Holly (Project No. 6494) Phase 2 from Holly to Williams (Project No. 6495) CIP No. Bond Issue ST 20 & ST 21 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 and Other 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 and Other 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 and Other Projects to 206 engineering firms (86 local and 120 non - local). than ..o,o....w- n- me,.nc,.-- ,e,cnon t anoe_e*nn,ee oh 1 x main. Prniert Anlinns eoc CONTRACT SUMMARY SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Saratoga to Holly (Project No. 6494) Phase 2 from Holly to Williams (Project No. 6495) CIP No. Bond Issue ST 20 & ST 21 Staples Street has become one of the major connectors from SPID to the City's rapidly developing southside area. These proposed improvements include the complete reconstruction of a five -lane urban arterial street including two travel lanes in each direction and a continuous left -turn center lane or a raised median. Other proposed improvements include curb and gutter, driveways, storm water, water, wastewater and pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS), lane striping and pavement markings, signage, signalization improvements, and street lighting (by AEP). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE Staples Street, Phase 1 — Saratoga to Holly (No. 6494) DAY DATE ACTIVITY Wednesday June 10, 2009 Begin Preliminary Phase Monday September 14, 2009 Draft Engineering Letter Report Submittal Monday September 28, 2009 City Review Monday October 26, 2009 Final Engineering Letter Report Submittal Monday November -2, 2009 City Review Tuesday November 3, 2009 Begin Design Phase Monday March 1, 2010 Pre -Final Design Submittal Monday March 8, 2010 City Review Monday April 5, 2010 Final Design Submittal Monday April 19, 2010 City to Acquire All R.O.W. Parcels Monday (2) April 19 and 26, 2010 Advertise for Bids Tuesday May 4, 2010 Pre -Bid Conference Wednesday May 26, 2010 Receive Bids Monday July 12, 2010 Begin Construction Weekday August 2012 Construction Completion EXHIBIT "C" Page 1 of 3 H:\HOME\VelmaP \GEN \STREET\6494 STAPLES FREESE\Conlracl Summary.dac St DAY DATE ACTIVITY Wednesday June 9, 2010 Begin Preliminary Phase Monday September 13, 2010 Draft Engineering Letter Report Submittal Friday September 24, 2010 City Review Monday October 25, 2010 Final Engineering Letter Report Submittal Friday November 5, 2010 City Review Monday November 8, 2010 Begin Design Phase Friday February 18, 2011 Pre -Final Design Submittal Friday March 4, 2011 City Review Monday April 4, 2011 Final Design Submittal Monday April 18, 2011 City to Acquire All R.O.W. Parcels Monday (2) April 18 and 25, 2011 Advertise for Bids Tuesday May 3, 2011 Pre -Bid Conference Wednesday May 25, 2011 Receive Bids Monday June 20, 2011 Begin Construction Weekday November 2012 Construction Completion 4. FEES Staples street, rnase T Trom aarawyn w n.,,,y \.,..T6..•.• °• .., Street —_, Storm Water Water Wastewater Total Basic Services 1 Preliminary Phase $51,297.00 $34,248.00 $20,592.00 $1,561.00 $107,698.00 2 Design Phase 248,096.00 165,641.00 99,593.00 7,553.00 520,883.00 3 Bid Phase 7,876.00 5,259.00 3,162.00 240.00 16,537.00 4 Construction Phase 40,015.00 26,716.00 16,063.00 1,218.00 84,012.00 Subtotal Basic Services 347,284.00 231,864.00 139,410.00 10,572.00 729,130.00 Additional Services 1 Pemit Preparation TXDOT TCEQ -TPDES Notice of Intent/Termination TDLR- ADA/TAS Compliance Subtotal Permit Preparation 4,670.00 0.00 3,193.00 7,863.00 0.00 546.00 0.00 546.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,670.00 546.00 3,193.00 8,409.00 2 ROW Acquisition Survey TBD TBD TBD TBD TBD 3 Topographic Survey 54,775.00 36,570.00 21,988.00 1,667.00 115,000.00 4 Environmental Issues TBD TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Median/Traffic Impact Assessment 113,139.00 0.00 0.00 0.00 113,139.00 7 Public Involvement Phase 7,068.00 4,719.00 2,837.00 215.00 14,839.00 8 Warranty Phase 5,716.00 3,816.00 2,294.00 174.00 12,000.00 9 Subsurface Utility Exploration 0.00 21,253.00 12,778.00 969.00 35,000.00 Subtotal Additional Services 188,561.00 66,904.00 39,897.00 3,025.00 298,387.00 Total Phase 1 535,845.00 298,768.00 179,307.00 13,597.00 1,027,517.00 HIHOMEWeImaP \GEMSTREET\6494 STAPLES FREESE\Contract Sumnary.dac Staples Street, Phase 2 from Holly to Wil Combined Total Street Storm Water Water Wastewater Total Basic Services 1 Preliminary Phase 47,092.00 13,576.00 4,123.00 9,230.00 74,021.00 2 Design Phase 223,608.00 64,460.00 19,577.00 43,829.00 351,474.00 3 Bid Phase 7,482.00 2,157.00 655.00 1,467.00 11,761.00 4 Construction Phase 32,179.00 9,276.00 2,817.00 6,307.00 50,579.00 Subtotal Basic Services 310,361.00 89,469.00 27,172.00 60,833.00 487,835.00 Additional Services 1 Pemit Preparation TXDOT TCEQ -TPDES Notice of Intent/Termination TDLR- ADA/TAS Compliance Subtotal Permit Preparation 0.00 0.00 4,772.00 4,772.00 0.00 544.00 0.00 544.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 544.00 4,772.00 5,316.00 2 ROW Acquisition Survey TBD TBD TBD TBD TBD 3 Topographic Survey 66,145.00 19,068.00 5,791.00 12,965.00 103,969.00 4 Environmental Issues TBD TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Median/Traffic Impact Assessment N/A N/A N/A N/A N/A 7 Public Involvement Phase 10,257.00 2,957.00 898.00 2,011.00 16,123.00 8 Warranty Phase 4,669.00 1,346.00 409.00 915.00 7,339.00 9 Subsurface Utility Exploration 0.00 8,696.00 2,641.00 5,913.00 17,250.00 Subtotal Additional Services 85,843.00 32,611.00 9,739.00 21,804.00 149,997.00 Total Phase 2 396,204.00 122,080.00 36,911.00 82,637.00 637,832.00 Combined Total The estimated cost of construction for Staples Street Phase 1 & 2 is $14,091,832. The total basic services fee proposal for this project is $1,216,965. Therefore, the percentage of design cost to construction cost is 8.6 %. H IHOMEWachelle \GEMStreets 6494 8 6495- Staples Ph 1 8 21Contract Summary . doc Street Storm Water Water Wastewater Total Basic Services 1 Preliminary Phase 98,389.00 47,824.00 24,715.00 10,791.00 181,719.00 2 Design Phase 471,704.00 230,101.00 119,170.00 51,382.00 872,357.00 3 Bid Phase 15,358.00 7,416.00 3,817.00 1,707.00 28,298.00 4 Construction Phase 72,194.00 35,992.00 18,880.00 7,525.00 134,591.00 Subtotal Basic Services 657,645.00 321,333.00 166,582.00 71,405.00 1,216,965.00 Additional Services 1 Pemit Preparation TXDOT TCEQ -TPDES Notice of Intent/Termination TDLR- ADA/TAS Compliance Subtotal Permit Preparation 4,670.00 0.00 7,965.00 12,635.00 0.00 1,090.00 0.00 1,090.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,670.00 1,090.00 7,965.00 13,725.00 2 ROW Acquisition Survey TBD TBD TBD TBD TBD 3 Topographic Survey 120,920.00 55,638.00 27,779.00 14,632.00 218,969.00 4 Environmental Issues TBD - TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Median/Traffic Impact Assessment 113,139.00 0.00 0.00 0.00 113,139.00 7 Public Involvement Phase 17,325.00 7,676.00 3,735.00 2,226.00 30,962.00 8 Warranty Phase 10,385.00 5,162.00 2,703.00 1,089.00 19,339.00 9 Subsurface Utility Exploration 0.00 29,949.00 15,419.00 6,882.00 52,250.00 Subtotal Additional Services 274,404.00 99,515.00 49,636.00 24,829.00 448,384.00 Total Authorized Fee for Phase 1 and Phase 2 $932,049.00 $420,848.00 $216,218.00 $96,234.00 $1,665,349.00 The estimated cost of construction for Staples Street Phase 1 & 2 is $14,091,832. The total basic services fee proposal for this project is $1,216,965. Therefore, the percentage of design cost to construction cost is 8.6 %. H IHOMEWachelle \GEMStreets 6494 8 6495- Staples Ph 1 8 21Contract Summary . doc File : \ Mproject \councilexh \exh6494- 6495.dwg NUECES BAY CORPUS CHRISTI BAY PROJECT # 6494 & 6495 LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT 'D' Staples Street, Phase 1 from Saratoga to Holly Staples Street, Phase 2 from Holly to Williams CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5 -26 -2009 19 AGENDA MEMORANDUM DATE: June 9, 2009 SUBJECT: Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 (Project No. 6456) AGENDA ITEM: `A. Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept the moneys to be received from TXDOT pursuant to the emergency work authorization attached hereto as Exhibit "A" for an amount of up to $1,600,000 for the Carbon Plant Road Direct Connector Project on IH 37 and related work projects. B. Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract For Professional Services with Goldston Engineering, Inc. a CH2M Hill Company from Corpus Christi, Texas in the amount of $136,513, for a total re- stated fee of $184,563 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37. C. Motion authorizing the City Manager, or his designee, to execute a construction contract with H & G Contractors, Inc. from Corpus Christi, Texas in the amount of $386,747.90 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 for the Base Bid. ISSUE: The Texas Department of Transportation (TXDOT) is constructing the Carbon Plant Road Direct Connector for the Joe Fulton International Trade Corridor between McKinzie Road and IH 37. The utility relocations are required as part of that contract. The construction costs plus contingencies are expected to be approximately $1.6 million. The project bid June 3, 2009. This project is extremely time sensitive due to the ongoing construction of the Carbon Plant Road Direct Connector. The construction began December 2008 and the work is approaching the area where existing City utilities will be impacted. The Utility Relocation project is 100% reimbursable by TXDOT. FUNDING: Funding is available from the FY2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Gustavo Gonzalez, P. E., Director of Water Services 826 -1874 qustavocio(5 cctexas.com Foster Crowell, Director of Wastewater Services 826 -1801 fosterc(a cctexas.com Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean(@,cctexas.com Additional Support Material: Exhibit "A" Resolution Exhibit "A.1" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Tabulation of Bids Exhibit "F" Location Map Exhibit "G" Letter from TXDOT dated May 6, 2009 H: \USERS2 \HOME \VELMAP \GEN\STREET6456 CARBON PLANT ROAD \AMENDMENT NO 1\AGENDA MEMO RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE MONEYS TO BE RECEIVED FROM TXDOT PURSUANT TO THE EMERGENCY WORK AUTHORIZATION ATTACHED HERETO AS EXHIBIT "A" FOR AN AMOUNT OF UP TO $1,600,000.00 FOR THE CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 AND RELATED WORK PROJECTS. WHEREAS, the City expects to pay expenditures in connection with the design and construction necessary to relocate the City's utilities for the Carbon Plant Road Direct Connector Project on IH 37 and related work projects; and WHEREAS, TxDOT has agreed to reimburse the City for costs up to an amount of $1,600,000.00 pursuant to the Emergency Work Authorization attached hereto as Exhibit "A'; and WHEREAS, the City desires to authorize the City Manager or his designee to execute all documents necessary to accept reimbursement moneys from TxDOT in an amount of up to $1,6000,000.00 pursuant to the Emergency Work Authorization attached hereto as Exhibit "A "; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects to pay for expenditures for the design, construction, and other services necessary to relocate the City's utilities and complete the Carbon Plant Road Direct Connector Project on IH 37 and related work projects. Section 2. After the City pays all invoices for expenditures, TxDOT agrees to reimburse the City's costs in an amount not to exceed $1,600,000.00, pursuant to the Emergency Work Authorization attached hereto as Exhibit "A ". Section 3. The City Manager or his designee Is authorized to execute all documents necessary to accept moneys from TxDOT as reimbursement for the City's expenditures incurred for the Carbon Plant Road Direct Connector Project on 111 37 and related work projects, In an amount of up to $1,600,000.00. ATTEST: Armando Chapa City Secretary A apfoved as to form 1 Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 060909 R E S 0 2 accept TxDOT reimbursement 4 utility relocation EXHIBIT "A" Page 1 of 3 (�1�94v 4 0e1 fN91i4444N �npWWOOnY 1 44 459 ijC 9P ; ,44177 L' itig.401 gfCorpua Chdell n 4e$s k 4 at9 4401044 1C 40704 X17 No 00X/4.0(1.216 F1g Pro)444ti ilb:lye7t Pam. 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APPR°11 R _a (00_9 aY: • 0 OR('o"'fG * EXHIBIT "A" Page 2 of 3 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 IEXHIBIT "A" Page 3 of 3 1 AGENDA BACKGROUND SUBJECT: Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 (Project No. 6456) PROJECT DESCRIPTION: This project provides for the relocation of existing City water and wastewater lines as part of the Texas Department of Transportation (TXDOT) project for Joe Fulton Corridor. TXDOT will provide 100% of the funding reimbursement to the City for the design and construction cost to relocate the existing utilities. Both the design phase services and construction contract are presented below. DESIGN CONTRACT DESCRIPTION: The consultant, Goldston Engineering, Inc. a CH2M Hill Company, provided professional services for the coordination with City staff for design, bidding and construction phases described further below: The design services will include collection and analysis of existing as -built records with field verification to determine best route to relocate and reconstruct the City's underground water and wastewater lines. The new lines will be encased in a steel pipe which will be bored across the TXDOT right of way. Based on the results of this analysis the consultant will prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre - bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include topographic survey, TXDOT permitting, and public meetings. AMENDMENT NO. 1 DESCRIPTION: During the initial design effort significant conflicts with locations and records were discovered. This required additional field survey /verification and the coordination effort with TXDOT and City in making the final determinations to the new locations and disposition of the existing underground utilities. TXDOT approved the original design contract and this amendment. AMENDMENT NO. 1 CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C" CONSTRUCTION CONTRACT DESCRIPTION: The construction contract consists of the removal and relocation of approximately 465 linear feet of 12" wastewater line and removal and replacement of two manholes on the south side of IH 37; removal and replacement of approximately 20 linear feet of 12" wastewater line and removal and replacement of one manhole with a stub -out and plug on the north side of IH 37; removal and relocation of approximately 1,459 linear feet of 16" PVC water line with 60 linear feet of 30" steel casing, 73 linear feet of ductile iron pipe, and 167 linear feet of bore and 30" steel casing; removal of approximately 162 linear feet of 8" PVC water lines and relocation and replacement of approximately 270 linear feet of 8" PVC water lines; removal and disposal of 226 linear feet IEXHIBIT "A.1" I Page 1 of 3 of 10" ACP water line, removal and disposal of 105 linear feet of 16" PVC water line, removal and replacement of approximately 26 linear feet of 12" ductile iron pipe with 85 linear feet of 20" steel split casing; all with necessary appurtenances. BID INFORMATION: Bids were received on June 3, 2009 with nine (9) bidders submitting a proposal. H & G Contractors, Inc. of Corpus Christi, Texas submitted the low bid in the amount of $386,747.90. The Bid Proposal Form submitted by Ram -Bro Contracting, Inc. is considered a Non - Responsive Bid because the incorrect Proposal Form was utilized. The City's consultant, Goldston Engineering, Inc. a CH2M Hill Company, and City staff recommend that the Base Bid in the amount of $386,747.90 be awarded to H & G Contractors, Inc. CONSTRUCTION CONTRACT TERMS: The contract provides for the work to be complete within 60 calendar days of notice to proceed. PROJECT BACKGROUND: TXDOT, in partnership with the Corpus Christi Metropolitan Planning Organization (MPO) and the Port of Corpus Christi, is constructing an enhanced connection for the Carbon Plant Interchange. This provides a direct connection from IH 37 to the Joe Fulton International Trade Corridor to improve safety and reduce conflicts between truck traffic and local traffic. On the south side of IH 37, the proposed interchange includes a new flyover for traffic on eastbound IH 37 exiting to Joe Fulton International Trade Corridor. This flyover will be similar to the flyover toward NAS -CC from SPID. On the north and south sides, there will be improvements to the access, or frontage road, and changes in the location of the entrance and exit ramps between Carbon Plant Road and McKinzie Road. There will also be intersection improvements at Carbon Plant Road on both sides. Construction was awarded in the amount of $23,899,849.38 to Ballenger Construction and work began in January 2009. The Joe Fulton International Trade Corridor project development began in the early 1990's to enhance the ability of the Port of Corpus Christi to expand trade and commerce and create future economic development for South Texas. The Joe Fulton International Trade Corridor opens new land for development and establishes efficient intermodal links between rail, road and maritime transportation systems. The Joe Fulton International Trade Corridor encompasses an 11.5 -mile road and 7 -mile rail project for the Port of Corpus Christi that will significantly improve access to over 2,000 acres of land along the north side of the channel for existing and future development. The Joe Fulton International Trade Corridor makes approximately 1,000 acres of land (which had no access) available for use as marine terminals and industrial sites. The Joe Fulton International Trade Corridor provides: • Most importantly, generate future economic development for South Texas • An alternate route for non -Port traffic now dependent on the Harbor Bridge and the Tule Lake Lift Bridge; and EXHIBIT "A.1" Page 2 of 3 N \I ICFOC"Nn RA n'rI ueolnrmleTOFFnaeca reennN GI AMT RllAf IARARNf1MFNT NO in AGENDA BACKGROIIM) • For the development of approximately 1,100 acres of Port of Corpus Christi and Driscoll Foundation land between Tule Lake Lift Bridge and Viola Turning Basin. • Establish efficient intermodal links between highway, marine, and rail transportation systems for improved road and rail access to facilities on the north side of the Inner Harbor; • Address environmental and safety concerns • Enhance access to existing industries • Facilitate international trade • Connect two major highway components - US Highway 181 and Interstate 37 Total project budget is estimated at $56 million with $25.6 million in federal and state funding. Construction began in June 2004 and completed in 2008 with an award of $37.7 million contracted to Hass - Anderson Construction. . nth ucninuvur Nn in AGFN"A RACKGRGI INO EXHIBIT "A.1" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 (Project No. 6456) 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. November 17, 2008 — Administrative approval of Small A/E Agreement for Architect /Engineer Consultant Services in the amount of $48,050 with Goldston Engineering, Inc. a CH2M Hill Company for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37. 2. April 16, 2009 — Administrative approval of Emergency Work Authorization with the Texas Department of Transportation (TXDOT) for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37. EXHIBIT "B" Page 1 of 1 H:\ USERS2 \HOME\VELMAP\GEN\STREET\6456 CARBON PLANT ROADWMENDMENT NO. 1 \PRIOR PROJECT ACTIONS CONTRACT SUMMARY SUBJECT: Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 (Project No. 6456) 1. PROJECT DESCRIPTION Professional services will include collection and analysis of existing as -built records with field verification to determine best route to relocate and reconstruct the City's underground water and wastewater lines. The new lines will be encased in a steel pipe which will be bored across the TXDOT right of way. Based on the results of this analysis the consultant will prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include topographic survey, TXDOT permitting, and public meetings. 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 — DATE ACTIVITY November 3, 2008 Notice to Proceed November 17, 2008 Begin Design Phase December 29, 2008 60% Submittal January 5, 2009 City Review May 5, 2009 100% Submittal May 15, 2009 Final Drawings & Specifications EXHIBIT "C" I Page 1 of 2 4. FEES The estimated cost of construction for Carbon Plant Road is $1,600,000. The total basic services fee proposal for this project is $184, 563. Therefore, the percentage of design cost to construction cost is 11.54 %. EXHIBIT "C" Page 2 of 2 Hi1 MFRS' \HOMF\VFI MAP VIFNU TRFFTIRASR CARRON PI ANT ROAONMENOMENT NO. 115 CONTRACT SUMMARY ORIGINAL CONTRACT AMEND. NO. 1 TOTAL 1. Preliminary Phase $0.00 $27,660.00 $27,660.00 2. Design Phase 44,400.00 107,198.00 151,598.00 3. Bid Services 0.00 1,655.00 1,655.00 4. Construction Phase 3,650.00 0.00 3,650.00 Total Fees $48,050.00 $136,513.00 $184,563.00 The estimated cost of construction for Carbon Plant Road is $1,600,000. The total basic services fee proposal for this project is $184, 563. Therefore, the percentage of design cost to construction cost is 11.54 %. EXHIBIT "C" Page 2 of 2 Hi1 MFRS' \HOMF\VFI MAP VIFNU TRFFTIRASR CARRON PI ANT ROAONMENOMENT NO. 115 CONTRACT SUMMARY PROJECT BUDGET UTILITY RELOCATONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 Project No. 6456 June 9, 2009 FUNDS AVAILABLE: Water $495,188.72 Wastewater 123,797.18 Total $618,985.90 FUNDS REQUIRED: Construction (H & G Contractors, Inc.) $386,747.90 Contingencies (10%) 38,675.00 Consultant (Goldston Engineering, Inc. a CH2M Hill Company) 184,563.00 Reimbursements 6,000.00 Misc. (Printing, Advertising, etc.) 3,000.00 Total $618,985.90 IEXHIBIT "D" I Page 1 of 1 0 co N Q 0 • 0 ?1 E N 0 • `o v ? o E f 0 W` O E co W U J C W N co 0 2 m 0 W O z 0 _ O_ z 5w J LL JO Q ~ W 0.4 0 0 Ltd. w 9908 .5, TX 78469 AMOUNT O N N O b 850.501 200.001 ' 70,032.00 0 co m 2,548.001 0 r e 450.001 m 1,250.00 00'009'1 O N v O N 625.001 00'000'6 0 0 1,365.00 0 �ti 300.00 0 0 N O 0 0 N 28,000.00 (0 N 0 .- n r 0 N 9 8,500.0011 O N UNIT PRICE OO N 10E99 5.25 200.001 38.00 48.00 00 6 r 0 r 450.00 °o d 10 250.00 o 950.00 650.00 0 r °o 0 (0 1 400.00 0 r 00 0 m 300.00 3,200.00 0 6 00 en 4,000.00 00 vi n 450 00, 00 r 8,50 00 8,500.00 00 N Zr� J 0 2 a 0 N 0 O„ 0 W 0 O 0 co. 0 450.001 5,670.00 55,442.00 mN YI d 1,352.00 N (0 500.00 400.00 2,000.00 O O N r •04 4.000.00 400.00 650.00 O O N 1 944.00 O N N O co N r 342.00 30.352.00 3,819.00 20,160.00 O N r 77,655.00 75.00 2,000.00 5,000.00 O Jhabores C P. 0. Bo Corpus Chris UNIT PRICE 0 o r 0 N 14.001 450.00 O 04 O CO 0 63.00 N N 6 00'009 400.00 400.00 1,500.00 800.00 400.00 0 O CO 472.001 0 N N O 0 N 342.00 0) CO 0 M O m N N 0 0 co 0 0 0 N 5,000.00 203.00 F Z O 0 2 Q 0 ye 0 N w 0 0 N 0 N O CO 0 0 m N N 12,322.401 4,648.80 3,300.00 0 0 i 431.80 0 N m 2.086,90 0 N 442.40 0 N ` 13.552,50 1,243.00 2,440.90 10,395.20�I 497.80 0N 01 ): N ' N 0 - r 1 12,894.50 0 0 0 N ' 0 O m 15,293 00 10,524.00 H & G Contr 1225 Southem Corpus Chris UNIT PRICE I 0 N 23.901 0 r O to 0 M e 0 10 178.80 N r 964.00 0 co 0 r 2,086.901 1,022.80 442.40 268.40 p 0 q 621.50 0. l0 N 497.80 3,464.40 N - N 2,454.00 151.70 370.70 0 0 0) r O N N e UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 (PROJECT NO. 6456) Z Z 7 j IL LL J < W J J LL J j J Q W Q W Q W 4 W 4 W Q (0 Q W Q W Q W Q W Q W 6 W Q W a 111 Q W J J LL J N co J T FO, N 0 CO 04 N 0 r 0 N p CO N 0 N N .- F N r N ..- N r (0 N h 0 r 0 r 1` m r N N r r 0 0 DESCRIPTION WATER IMPROVEMENTS Removal and disposal of 16 " waterline (PVC), complete in place per liner foot. Removal and disposal of 10" waterline (ACP), complete in place per liner fool Removal and disposal of 8' waterline (PVC), complete in place per linear foot. Removal of fire hydrant asembly, complete in place per each. 8" C900 PVC water line, including trench and bedding, complete in place per linear foot. 16" C905 PVC water line, including trench and bedding, complete in place per linear foot. 16' C151 01 water line, including bench and bedding, complete in place per linear fool 12" C151 water line, including bench and bedding, complete in place per linear foot. Trench safety for water line removaginstallation, complete in place per linear foot. 16" plug, complete in place per each. 10' plug, complete in place per each. 8" plug, complete in place per each. 12" gate valve. complete in place per each. 8" gate valve, complete in place per each. 16' x 8" reducer. complete in place per each. 8" x 6" reducer, complete in place per each. 116" MJ any angle bend, complete in place per each. 12' MJ any angle bend, complete in place per each. MJ any angle bend, complete in place per each. 16" tee, complete in place per each. 8' tee, complete in place per each. 116" butterfly valve/box, complete in place per each. 110' tapping sleeve and valve, complete in place per each. Fire hydrant assembly, complete in place per each. Extend 20' steel casing (split), complete in place per liner foot. 30' casing (bore), complete in place per linear foot. Biodgrd erosion control logs (12 "), complete in place per linear foot. Treffic Control, complete in place per lump sum. Mobilization /Bonds/Insurance, complete in place per lump sum. 30" Casing. complete in place per linear foot. Q Q Q Q Q Q a a O Q r Q N Q M Q d Q N Q 0_ Q _r Q 0_ Q 0 Q N 4 N Q N Q N 4 N 4 N Q CO < N < N < ry Q 0 Q EXHIBIT "E" Page 1 of 9 0 W U Jr N N U O Z m C LL 0 W 0 0 O U' H a J J 0 p a r F- 2 K a a W 0 Palacios Marine S Industries P. 0. Box 875 Palacios, TX 77465 AMOUNT O 6 o w o , 4,860 001 N f (0 .- 0 O c N 6.570.001 2,080.00 100'000' L L 550.001 350.00 525.00 1,82000 ry N 775.001 1,250.00 O 7 to 1,050.001 2,380.00 11,200.00 N 30,400 001 0 N N 1 26.000.001 0 m - 0 O N .. 250.001 O O 0 24,000.00 36,000.0 UNIT PRICE 40.001 o u0 °o 00 0 0 o 50.001 65.00 100'06 80.00 4 550.001 350.00 105.00 1,82000 00 N o 0 1 775.001 250.00 00 0 525.001 340.00 00 0 1 500.00' °o 0 n 1 2,500.00 4,000.00 00 0 600.00 0 0 Of 0 00 0. 24,000 00 0 AMOUNT 0 m p n Ir0[1 4 CO N 490.001 oo `0O m !0 4,803.40 00 n 2,750.00 560.00 o0 N °o 0 ° 2,142.00 a0] 0 700.00 57,050.00 37,380.00 00 m 0 N N co N - 1 532.00 27.252.96 i m e) 1 24,010.00 ° o 0 CO ry 0 D 0, n 4.200.00 00 n 0 0 a 40 SLC Con: 1165 Rod Aransas Past W U a z z 0» r. r N N r 490.001 0 N e0) d tri 0 to 0 N N 0 f 560.00 210.001 0 .- 0 N N 1,260.00 0 11,410.00 2,492.00 476.00 371.00 b b .- 532.00 3,406.62 9 04 CI 0 CO m 9 N 0 r 4.20 4,200.00 35,000.00 O 0 Tega Construction, LLC 4605 W. University Drive Edinburg. TX 78539 AMOUNT o Lo 0 W O N oi 7 0 N 0 275.001 4,860.00 O W (0 5,840.001 1,560.00 o N N 2 0 400.00 875.00 co N O r N N N 0 0 0 O r 2,450.00 O O 0 ^ 450.00 1 36,000.00 3,800.00 20,650.00 42,075.00 o 0 0 N 25000 O O N N 25,000.00 O F UNIT PRICE 30.00 60.00 0 N 275.001 O 45.00 0 _ m 60.00 N 0 a 0 400.00 0 ^ 0 a O O too O N N O 400 O . N 0 575.00 350.00 1,250.00 1 450.00 o 00 N 4 O 0 m 1_. 2,950.00 495.00 495.00 10.00 2,500.00 25,000.00 295.00 UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON 11137 (PROJECT NO. 6456) )-) J 4 J W J J a W s W a W 6 a W 6 a W < W < W a W a W a W a W a W LL J LL J LL y F U O N 04 r 0 N co < n N O r N N .- N N N I'` 0 .- 0 DESCRIPTION 1WATER IMPROVEMENTS Removal and disposal of 16" waterline (PVC), complete in dace per liner foot. Removal and disposal of 10" waterline (ACP), complete in I lace Der liner foot. Removal and disposal of 8" waterline (PVC), complete in 1 dace Per linear foot. Removal of fire hydrant asembly, complete in place per I each. 9" C900 PVC water line, including trench and bedding, complete in place per linear foot. t 16" C905 PVC water line, including trench and bedding, complete in place oer linear foot. 16" C151 01 water line, including trench and bedding, complete in place per linear foot. 12" C151 water line, including trench and bedding, complete in place per linear foot. Trench safety for water line removal /installation, complete in place oer linear foot. 16" plug, complete in place per each. 10" plug. complete in place per each. 1 8" plug, complete in place per each. 12" gate valve, complete in place per each. 18" gate valve, complete in place per each. 16" x 8" reducer, complete in place per each. 8" x 6" reducer, complete in place per each. 116" MJ any angle bend, complete in place per each. 12" MJ any angle bend, complete in place per each. e" MJ any angle bend, complete in place per each. 116" tee, complete in place per each. 18" tee, complete in place per each. 116" butterfly valve/box, complete in place per each. 110" tapping sleeve and valve, complete in place per each. Fire hydrant assembly. complete in place per each. Extend 20" steel casing (split). complete in place per liner foot. 130" casing (bore). complete in place per linear foot. Biodgrd erosion control logs (12"), complete in place per linear foot. 1Traffic Control, complete in place per lump sum. Mobilization /Bonds /Insurance, complete in place per lump sum 30' Casing, complete in place per linear foot. a N ¢ 4 4 4 4 4 a 4 a a N a CO a 4 a N_ a 0 4 0- 4 CO a N a 0 4 4 ENV ¢ N 4 d 4 N 4 4 4 0 4 �V ¢ 4 EXHIBIT "E" Page 2 of 9 99 9 0 9v 0 E w 0 « 0 a j wE o c u E N W U J W N O z z 0 W O W 0 0 O U' F Z 50 c0 40 cz 2 W 4 W 0 Ram -Bro Contracting, Inc. 904 Industrial Avenue Robstown, TX 78380 AMOUNT UNIT PRICE F Z J O 2 a 00 0 00 m m 0 N O 0 N m 80,245.00 °O an 2,600.00 0 o 1,975.00 00 0 0 °0 0 ! 00 9 N 100'000'9 650.001 00 0 N 00 0 0 00 f 00 3'. 0. N cy 0 0 380.00 00 0 N 5,150.00 24,675.00 31.875.00 242,150.00 0 N N 00 0 (0 N 0 9 0 O Ln o 0 9 00 m King -1st 1641 Gold Corpus Chris UNIT PRICE [ °o in 28.00 28.001 150.00 0 n °0 160.00 100.00 cp 0 °0 0i (0 0 00 04 N 00 N 1,200.00 650.00 00 1,000.001 00 0 h 325.00 1,400.00 00 d M 00 ( M 00 0 N 00 N N PI 375.00 1,450.00 0 w 2.500.00 95,000.00 0 F Z 7 2 4 0 0 O F O O 0 co < Of 0 0 co O 2,331.00 0 O O 106,507.00 8,979.00 m N 8,250.00 794.00 0 0 a0 N '- 2,855.00 0 0 to N N tD 0 N 2,425.00 15,000.00 1,396.00 0 t' 9,552.00 571.001, 30,456.00 0 0 N 29,554.00 45,730.00 95,524.00 1,525.00 0 0 0- CO 54,548.00 24,900.00 Holleman C 1373011 Conver UNIT PRICE [ o 9 ca o o m 93.001 2,331.001 0 (0 3 123.00 105.00 0 "' 0 n 571.00 0 9 N ^ 927.00 485.00 1,000.00 0 534.00 0 3' 9 0- m 3,807.00'. 9 o N 4,222.00 538.00 572.00 0 0 0 0 (0 N 54,546.00 s a UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IN 37 (PROJECT NO. 6456) Z J J LL 4 W m. J LL 0,. J a W 4 W s W a W 4 W 4 W g g a W s W a W a W a W a W a W W J U. U. (0 J N u. )J y� O N to N �p �- 0 N n C01 n r r N �- YI r N N f� W '- 0 r 1� m ,- N ' 0 DESCRIPTION IFATER IMPROVEMENTS Removal and disposal of 16 "waterline (PVC), complete in place per liner foot. Removal and disposal of 10" waterline (ACP), complete in place per liner foot. Removal and disposal of e' waterline (PVC), complete in place per linear foot. Removal of fire hydrant asembly, complete in place per each. 8" C900 PVC water line, including trench and bedding, complete in place per linear foot. _ 16' C905 PVC water line, including trench and bedding. complete in place per linear foot. 16" C151 DI water line, including trench and bedding, complete inplace per linear foot. 12" C151 water line. including trench and bedding, complete in place per linear foot. Trench safety for water line removal/installation. complete in place per linear foot. L d a N 0 N E 0 m a (0 10" plug, complete in place per each. 8" plug, complete in place per each. 12' gate valve, complete in place per each. 18" gate valve, complete in place per each. 16" x 8" reducer, complete in place per each. 8" x 6" reducer, complete in place per each. 116" MJ any angle bend, complete in place per each. 112" MJ any angle bend, complete in place per each. 18' MJ any angle bend. complete in place per each. 116" tee, complete in place per each. B' tee, complete in place per each. 16' butterfly valve/box, complete in place per each. 10" tapping sleeve and valve, complete in place per each. Fire hydrant assembly, complete in place per each. Extend 20" steel casing (split), complete in place per liner foot. 130" casing (bore), complete in place per linear foot. Biodgrd erosion control logs (12 "), complete in place per linear foot. 1Traffic Control, complete in place per lump sum. Mobilization /Bondsllnsurance, complete in place per lump sum. 30" Casing, complete In place per linear foot. Q_ Q Q Q Q Q Q Q 0 a . - N a la h Y a N a N a ` A a CO a OI a N a N ¢ N < N a W N < a 0 V a N a N a q a EXHIBIT "E" Page 3 of 9 N W U W N 00 K LL w O W 0 0 O_ 0 0 4 w 5LL 0 0 m Z W 4 a 0 Ltd. x 9908 ti, TX 78469 3,800.00 o O N 5,400.001 m cv 00 69 0 N 9,100.001 8,000.00 23,280.00 14,000.00 7,000 00 3,825.00 1 4.000.001 540.00 N 0 0 6 0 0 0. 0 0 m N 0 O 0 0^ 0 ry 0 69 oo m 5.00 o 1° 00 m 20.001 2,000.00 0 0 v co 0 0 6 r o r 1 225,00 °o r 4,000.00 o° 105.00 0 CO 0 0 q 00 o m °0 m 0 ei 2,000 001 o O 0 to '- 0 O 0 m r 0 CO N N O m 0 N 0 0 W 0 O LO 0 0 2,400.00 0 0 0 0 co 0 0 0 0 m 1,275.00 0 9 0 ^ 0 o N 48001 15.00 300.00 0 O 0 3,200.00 4,444.00 2,000.00 0 0 o 0 0 0 Jhabores G P.C. Bor Corpus Chris 500.00 0 0 ^ 0 0 0 r 0 o 0 100'09 o 6 Oa r 0 0 (0 0 r 0 N 0 CO N 16.00 5.00 3.00 0 0 0 0 0 4,444.00 0 0 0 1.00 4,850.80 °0 p I.- 1,260.001 n o N o . O0i_ co 69 o ° 9 YI m 0 o O 0 pd 0 0 oo N N 6,238.401 4,572.10 o d 636.00 e- 0 371.10 o 400.00 0 v N d 3,675.00 ^ O ,- _ 4,602.00 0 n 000 H 8 G Gont( 1225 Southern I Corpus Chrisl 0� N 5.30 O 142.30 O 13.40 d 04 CI 0 N N d CO d N N ^ 883.70 123.70 O 0 1 4.00 1 4,882.50 p Ip 0 N l00_ ^ 0 ^ 0 O UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 (PROJECT NO. 6456) _ W J N J J J W J W W i J J U U -t -t co co 4 m O N o m r N y d d N r N �- N 0 O O r r r d o 0 Preconstruction exploratory excavation, complete in place ner each Remove and replace barbed wire fence, complete in place nor linear foot. Wood cellulose fiber mulch, complete in place per square and 8" C151 waterline, including trench and bedding, complete in place ner linear foot. )TAL (BID ITEMS Al THROUGH A34) 'WASTEWATER IMPROVEMENTS CROSSING IH 37 Removal of existing sanitary sewer line, complete in place P er linear font Grout existing wastewater line (12" diameter), complete in r Mario ner linear foot Remove existing manhole, complete in place per each. 1 12" PVC wastewater line. complete in place per Iinearfoot.1 d' sanitary sewer manhole, complete in place per each. 5' sanitary sewer manhole, complete in place per each. Sanitary sewer manhole depth greater than 6', complete in Norio per vertical foot Trench safety for wastewater line removallinstaliation, complete in place ner linear foot. Fittings and connections, complete in place per limp sum. !Wastewater By -Pass Operation. complete in place per Q N 0 0 Q Q m CO CO CO 0 CO tO CO 0 0 CO 0 0 EXHIBIT "E" Page 4 of 9 1 n 0 m 0 Z-13 u 0 E 0 c 0 w U u E m w 0 W W am m u. w 0 ow 0 0 O m F 02 5u. 001 0 r Lu Lu F- F- 00 R W a Palacios Marine B Industries P. 0. Box 875 Palacios. TX 77465 o o O o o m 100'000'6 1,800.001 °o M co 2 0 6 an 69 00 O an 69 00 O an e 00 O c o 0 58.200.001 00 O 1- 00 O r °O O m 4,240.001 ° o .- o0 O m 0 o 6 w 6 m 7.000.001 20,000.001 4,000.001 °o 0 m or 69 0 o 0 N °o 0 100'OL 50.00 10.00 L4,000.00 120 00 7,000.00 0 o N h 00 O m °0 co 6 O 00 009 300.001 00 o 8,000.00 7,000.00 _ 20.000.00 00 a 0 00 r- 0 O 0 m — _ 7,350.00 2,520.00 10 co M O N co or 69 $888.50 5,942.30 2,520.00 20,539.75 6 co m 4,970.00 4 ,760.001 530.00 5,600.001 336.00 O .- 420.00 4.200.00 0 0 ri 14,000.00 0 m y 0 ro w SLC Con 1165 Roc Aransas Pas 2,450.00 a a 0 0 e 40.051 17 .77 13.06 630.00 42.35 0 c ry 0 o n. e 280.00 6 mm 6 112.00 35.00 10`1 or 4,200.00 14,000.00 O °m - 2,450.00 1.40 Tega Construction. LLC 4605 W. University Drive Edinburg, TX 78539 o 6 m °o 6 r 4.500.00 855.00 o° mm 69 °o o W. 69 0 00'000'9 01 100'009'6 9 m m 5,440.001 3,180.00 5,000.00 450.00 450.00 oo 0 r 2,500.00 12,000.00 15,000.00 ° 0 o O CO 0 u00 0 or 0 1:9 2,000.00 6 2.501 45.00 40.00 30.00 1,500.00 0 0 a 0 yl 320.001 6.00 5,000.00 00 n 00 on f °0 o 00 0 o N 0 0 N e 00 0 0 r- 2,000.00 UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 (PROJECT NO. 6456) a w J > w J a a Q W W J 4 W 4 W > J 0 > 0 » 0 W -1 J 0 0 4 W } (0 pO N g �- an Y0J d a d N ,- n — co 0 0 e �- a 0 Preconstruction exploratory excavation, complete in place 1 per each. Remove and replace barbed wire fence, complete in place per linear foot. S y o 0 0 0. 0. 9 v E 8 E 69 o 9 u 8 12 >. 8" C151 waterline, including trench and bedding, complete 1 in place per linear foot. (SUBTOTAL (BID ITEMS Al THROUGH A34) WASTEWATER IMPROVEMENTS CROSSING IH 37 Removal of existing sanitary sewer line, complete in place per linear foot. Grout existing wastewater line (12" diameter), complete in place per linear foot. Remove existing manhole, complete in place per each. 12" PVC wastewater line, complete in place per linear foot. 4' sanitary sewer manhole, complete in place per each. 5' sanitary sewer manhole, complete in place per each. Sanitary sewer manhole depth greater than 6', complete in place per vertical foot. Trench safety for wastewater line removal /installation, complete in place per linear foot. Fittings and connections. complete in place per limp sum. Rock filter dams (Type I) installation. complete in place per cubic yard. Rock filter dams (Type I) removal, complete in place per cubic yard. Biodgrd Erosion Control Logs (12 "), complete in place per linear foot. Traffic Control, complete in place per lump sum. lumpsuer By -Pass Operation, complete in place per lump sum. E n n a E s ri e w a ta c ro 8 2 % Preconstruction exploratory excavation, complete in place per each. `m a m m - ° E 8 u E ta 0 8 O T 3 'SUBTOTAL (81D ITEMS B1 THROUGH B17) "' 0^ Q Q Q Q m m m a m m m m m CO m m m m e m r ` m01 IEXHIBIT "E" Page 5 of 9 0 10 CO to :9, U E 0 w c 0 O at 0 E 0, 0 w` `O 0 E E CO) w U J cc caw W N N W U. O Z 0 O 0 r 0) 5 L J 0 Q ~ W cc Q a w 0 IEXHIBIT "E" Page 6 of 9 1 Ram -Bro Con 904 Industri Robstown, 0 6 o 25 6 40 N N 0 0 V o 0 09 ^ 0 'M`M' 0 b $1,750 001 0 a N 2,300.001 0 Q 15,600.00 00000'6 3,400.00 0 M O 00 N O 0 M 150.00 850.00 2,500.00 5,000.00 0 o 0 N 3,000.00 1,500.00 0 0 n M King -Isk 1641 Gold Corpus Chris o O o N r N N T M co r 575.001 0 0) 7.800 001 00'000'6 200.00 o n 2,100.00 0 o O 0 8.50 2,500.00 0 2 0 N 0 9 0 N 750.00 2.50 o o . 0 o N ' 0 0 N O r 0 6 m N o 0 N O 0 0 0 9,324.001 0 N f 0 O 0 ^ 0 M N 2.295.00 O N 634.00 366.00 o 0 O 0 0 o M 14,826.00 0 O 0 d 9,790.00 0 0 N N Holloman C 1373011 Conven 2,935.00 00'6 o ^ 85.00 0 0 0 d 2,331.00 N S N N 0 co m 0 g vi ^ 03 0 ^ 634.00 0 01 N ^ ni N 8 M 0 2 CO $ 0 ^ 0 0 0 O 1 2,435.00 o UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON 11-1 37 (PROJECT NO. 6456) W J N J J J W J 4 W > J J 0 0 J J J J W CO < N 0 0 0 a < CO N r ^ 0 r M !1 0 r r - 0 o Preconstruction exploratory excavation, complete in place n9/ each Remove and replace barbed wire fence, complete in place' nor linear foot Wood cellulose fiber mulch, complete in place per square Y ad 8" C151 waterline, including trench and bedding, complete' in pace per linear foot. )TAL (BID ITEMS Al THROUGH A34) 'WASTEWATER IMPROVEMENTS CROSSING IH 37 Removal of existing sanitary sewer line, complete in place P er linear font Grout existing wastewater line (12" diameter), complete in Hare per linear foot Remove existing manhole, complete in place per each. 12" PVC wastewater line, complete in place per linear foot. 4' sanitary sewer manhole, complete in place per each. 15' sanitary sewer manhole, complete in place per each. Sanitary sewer manhole depth greater than 6', complete in Naar: oar vertical foot. Trench safety tor wastewater line removal/installation. complete in place per linear foot. Fittings and connections, complete in place per limp sum. 'Wastewater By -Pass Operation, complete in place per „m.n „m a N 0 a ' m CO M CO CO m •D CO CO m m CO IEXHIBIT "E" Page 6 of 9 1 o to co O 0 q a 0 E o w c E o 'a o W O E N W 0 cc tu N cn 0 m 0W • 0 0 O 0 ▪ z 3LL o RZ Z 2 Q Lu a 0 0 N ) 0 c 0 0 0 ui a co N O . 0 N 0 c r 0 correct Proposal Form, and is 0 0e 0 cZ g c 0 0 0 e C 0 O 8 O 0 D O w N y EXHIBIT "E" Page 7 of 9 °0 6 o N so 00 o 0 450.001 °O 0 N 8,500.001 o n O 6 in co to $486,412.50 Bay. P. O. Bi Corpus Chrir 300.001 O n 0 o 0 0 °0 o 0 o 7.001 0 O o N CO co 50.001 150.001 560.00 3,000.00 o O N o O r N 69 0 N N 0 Jhabores C P. O. Bo Corpus Chrir 178.00 e) 560.00 3,000.00 0 O 00 6 in K °0 N 280.001 in 0 00 0 N 0 0 0 N $12,282.001 Om m co 4. H & G Conti 1225 Southem Corpus Chri<M °o N °o uo o 882.001 o) UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 (PROJECT NO. 6456) y _J 0 N N 0 0 WASTEWATER IMPROVEMENTS ON CARBON PLANT ROAD 16" diameter steel casing (split), complete in place per linear foot. Trench safety for wastewater line removal /installation, complete in place per linear foot. Biodgrd erosion control logs (12"), complete in place per linear foot. Traffic Control, complete in place per lump sum. Mobilization/Bonds /Insurance, complete in place per lump sum. Wood cellulose fiber mulch, complete in place per square yard. 'SUBTOTAL (BID ITEMS 01 THROUGH C6) 'TOTAL (BID ITEMS A1-A34, 81 -817, CI -C6) o o CO 0 0 0 correct Proposal Form, and is 0 0e 0 cZ g c 0 0 0 e C 0 O 8 O 0 D O w N y EXHIBIT "E" Page 7 of 9 o • O N •- w 0 c • 0 w ▪ 2 = E O O c U w . 0 E N w U w N Ow Z m K O W 0 0 O U• ' • 2 5LL O CO FZ w 0. w O 0 0 IO 0 0 q w 0 ui a ni v n c a m N ✓ o Palacios Marine 8, Industries P. 0. Box 875 Palacios, TX 77465 o o w O 0 500.001 8,000.00 12,550.00 50.00 O cc m e o ° 0 N 0 8,000.00 12,550.00 0 o o o o w 250.00 210.00 0 00 N 5,600 00 00'02 M N 69 a CD SLC Con 1165 Roc Aransas Pas 238.001 0 9 ( 4.20 0 9 O N O b w Tega Construction, LLC 4605 W. University Drive Edinburg, TX 78539 o O N m 300.00 ° o o V 6 N oo 6 O o 125.00 oo 6 9 w ° o a M an ea 00 0 6.001 00 0 0 2,500.001 °o 0 0 0 Ln N UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON 111 37 (PROJECT N0. 6456) N N N h ` N WASTEWATER IMPROVEMENTS ON CARBON PLANT ROAD[ 16" diameter steel casing (split), complete in place per ,� linear toot Trench safety for wastewater line removal /installation, complete in nines per linear foot. Biodgrd erosion control logs (12 "), complete in place per linear foot. Traffic Control, complete in place per lump sum. E Ea 0 8 `e c `o co 0 o E Wood cellulose fiber mulch, complete in place per square nd Y a JTAL (BID ITEMS C1 THROUGH C6) . (BID ITEMS A1-A54, B1 -017, CI -C6) 0 U U 0 U 0 EXHIBIT "E" Page 8 of 9 N W U 04 W N O O z K 0 W 0 W 0 0 00 m 5o. o mz FuJ W a W 0 ttacting, Inc. ial Avenue TX 78380 o o O _ 500.00 425.00 15,000.010 2,500.00 200.00 0 0 to N N N $814,889.001 King -IsI 1641 Golc Corpus Chris 340.00 O 0 O N CO 0 00 to 2.500 00 a o o O °o too oo (0 3.044.001 °o N m N N $47,115.00 °o O m N Hol!omen 137301 Goner 449.001 12.00 0 3,044.001 8 0 0 UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 (PROJECT NO. 6456) J J J J 0 N YI N oy WASTEWATER IMPROVEMENTS ON CARBON PLANT ROAD 16" diameter steel casing (split). complete in place per linear foot. Trench safely for wastewater line removal/installation, complete in place per linear foot. Biodgrd erosion control logs (12"), complete in place per linear foot. Traffic Control, complete in place per lump sum. Mobilization /Bonds /Insurance, complete in place per lump sum. !Wood cellulose fiber mulch, complete in place per square !yard. SUBTOTAL (BID ITEMS 01 THROUGH C6) TOTAL (BID ITEMS A1-A34, B1 -B17, C1 -C6) U U U 0 0 0 N a m E O 0 0 O a` m 0 0 c 0 ti c N d ▪ W c 0 O ) c d SP o �a 0 O o 0 o E m o E E co o EXHIBIT "E" Page 9 of 9 File : \ Mproject \councilexhibits \exh6456.dwg PROJECT LOCATION Carbon Plant Road Direct Connect N NUECTS TAY Joe Fulton International Trade Corridor J5 Cc Ltd S HWY 44 AGNES PROJECT #6456 C.C.I. AIRPORT LOCATION MAP NOT TO SCALE CORPUS CSRIS7T RAY EXHIBIT "F" Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5 -27 -2009 SIMI OM Mt =III .0011... Ar Texas Department of Transportation PO BOX 9907 • CORPUS CHRISTI, TEXAS 78469 -9907 • (361) 808-2300 May 6, 2009 Corpus Christi District Nueces County CCSJ: 0074 -06 -202 RCSJ: 0074 -06 -211 IH 37: From 0.25 miles East of Carbon Plant Road To: McKinzie Road AMENDMENT No.1 City of Corpus Christi Attn: Jamie Pyle, P.E. PO Box 9277 Corpus Christi, TX 78469 -9277 Dear Ms. Pyle: This office has reviewed Amendment No.1 to the engineering estimate and rate schedule for the professional consultant engineering plan between The City of Corpus Christi and Goldston Engineering (GE) for the relocation of an 8 ", 12" and 16" water and wastewater lines. You may proceed with the amended procurement of consultant engineering services on this project up to a maximum of $184,563.00 to include original contract of $48,050.00 and the Amendment No.1 contract of $136,513.00. This estimated amount should be the same one submitted for these services in the comprehensive cost estimate that you submit with the reimbursement agreement. In order to insure full reimbursement, the costs may not exceed $184,563.00 without the State's prior approval. The costs incurred by consultants are subject to audit; therefore, sufficient documentation must be provided for all costs. Sincerely, Attachment t LPaula Sales- Evans, P.E. Director of Transportation Planning & Development cc: Martin Horst, P.E. Corpus Christi Area Engineer Tomas Trevino, P.E -, Geometric Design Engineer Richard Chauvette, District ACo4 sstruccttion Utility Coordinator EXHIBIT "G" Page 1 of 1 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: Ordinance authorizing City Manager, or designee, to execute a five -year lease agreement, with a five year renewal option, at the City Manager's, or designee's, discretion, with the Texas Commission on Environmental Quality for two air monitoring station sites at Oak Park Park and Bayview (H.J. Williams) Park; providing for severance; and providing for publication. ISSUE: The purpose of this lease, between the City and the Texas Commission on Environmental Quality (TCEQ), is to enable TCEQ to maintain the existing continuous air monitoring stations installed in 2004, which are a part of a larger air monitoring network. The air monitoring network and data publication services are designed to protect public health and safety by collecting and disseminating the information to the public via the TCEQ website as soon as possible following data validation. The air monitoring stations record concentrations of hydrogen sulfide, sulfur dioxide and volatile organic compounds including benzene and meteorological data. The air monitoring stations will not restrict public access or activity. This lease is a renewal of a previous agreement. REQUIRED COUNCIL ACTION: This type of agreement requires City Council approval. PREVIOUS COUNCIL ACTION: Ordinance 025571, original lease agreement on December 9, 2003. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this item. Sally Gay. , Director Parks an Recreation Department 361- 826 -3464 Sallyeg(ircctexas.com Attachment: Lease Agreement Background Background Information On October I, 2003, the US District Court for the Southern District of Texas issued an order to the Clerk of the Court to distribute funds in the amount of $6,700,000, plus interest accrued, to The University of Texas at Austin (UT Austin) to implement the court ordered condition of probation (COCP) project Corpus Christi Air Monitoring and Surveillance Camera Installation and Operation (Project). This COCP was a result of a felony conviction on April 9, 2001 requiring Koch Petroleum Group, L.P. to pay $10,000,000 to fund and develop air and water remediation projects in and around Corpus Christi in coordination with the Texas Commission on Environmental Quality and the U.S. Environmental Protection Agency. The Project consists of a network of seven (7) air monitoring stations with air monitoring instruments and surveillance camera equipment. A map showing locations of COCP Project monitoring sites, including Oak Park and Williams Park, along with other TCEQ sites and sites operated by Texas A &M at Kingsville ( TAMUK) appears in Figure 1, below. Figure 1. Corpus Christi Monitoring Sites Blue dots — 2 TAMUK sites Red dots — 7 UT COCP sites Yellow dots — 5 TCEQ sites A Volunteer Advisory Board (VAB) charged with reviewing project plans and consulting on project implementation meets at least semi - annually to assist the University of Texas at Austin team in prioritizing implementation activities. The current VAB is listed below. Volunteer Advisory Board Ms. Gretchen Arnold Mr. Peggy Sumner Dr. Eugene Billiot Ms. Joyce Jarmon Ms. Pat Suter Dr. Glen Kost Dr. William Burgin AN ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AGREEMENT, WITH A FIVE YEAR RENEWAL OPTION, AT THE CITY MANAGER'S, OR DESIGNEE'S, DISCRETION, WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR TWO AIR MONITORING STATION SITES AT OAK PARK PARK AND BAYVIEW (H.J. WILLIAMS) PARK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease Agreement, with a five year renewal option, at the discretion of City Manager, or designee, with the Texas Commission on Environmental Quality for two air monitoring station sites at Oak Park Park and Bayview (H.J. Williams) Park. The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years, with an option to renew for an additional five (5) year period; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. TCEO Air Monitorina Lease ORDINANCE 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: 26th day of May, 2009: R. y,,Rreinin First Assistant City Attorney For City Attorney TCEQ Air Monitoring Lease 5 +5 Ordinance 05182009 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES This lease is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Texas Commission on Environmental Quality, acting through its duly authorized agent, Matthew R. Baker, P.E., Monitoring Operations Division. Section 1. Definitions. For the purposes of this Lease: Abandoned means that the Leased Premises become vacant or deserted for a continuous period of (30) thirty days. City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Park and Recreation Department. Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises means that portion of Oakpark Park and Bayview (H.J. Williams) Park found in Exhibits "A" and "B ". Lessee means the Texas Commission on Environmental Quality (TCEQ) or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Page 1 of 12 Trtrfl Air Mnnitnrinn 1 naca 5,S f1M M7fflQ Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to install and maintain a continuous air monitoring station. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Leased Premises. The Leased Premises are certain real property, generally described as an area of land on Oakpark Park and on Bayview (H. J. Williams) Park and more specifically described on the attached and incorporated Exhibits "A" and "B ". Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years, unless sooner terminated under another section of this lease. This Lease begins on the 61st day after final approval by the City Council. Section 7. Option to Renew. The Lessee has the option to renew this lease for five (5) years on the same terms and conditions as set out in this lease. Lessee must exercise this option by giving the City notice at least thirty (30) days prior to the last day of the term of the lease. Section 8. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises this Lease terminates automatically and City Manager may take immediate possession of the Leased Premises. Section 9. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination. c. If the cessation of use occurs and continues for one (1) year or longer,and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Page 2 of 12 T•Ln Air nnnnit,..inn 1 enee F+5 (1 4R90f19 Lease by giving Lessee at least thirty (30) days notice prior to the effective termination date. d. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in this Lease. Upon termination or expiration of the Lease, the Lessee must remove the improvements from the Leased Premises. Section 10. Surrender. Subject to the holdover provisions in this Lease, Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage, or destruction where Lessee is without fault, excepted. Section 11. Consideration. a. For and in consideration of the rights and privileges granted in this lease, Lessee agrees to allow the City full access, via the Lessee's web page, to the monitoring information gathered by Lessee from the air monitoring station situated at the Leased Premises during the entire term of this Lease. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior consent of the Director. b. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director for review. c. If the Director consents to the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction and the construction is subject to inspection by the Director, City's Building Official, Director of Engineering Services, and their designated representatives. Section 13. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. Page 3 of 12 Trcn A. ......:...:...,. 1 e.n..0 C_G nai an lh0 d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 14. Signs. a. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (30) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 18. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Page 4 of 12 trcn A . nn.... a...:.... 1 eme Fag ngtn9nfl0 Section 19. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Section 20. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 21. Utilities. Lessee shall pay for all utilities related to usage of Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Indemnity. To the extent authorized by law, and in consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused Page 5 of 12 or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. Section 24. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit C, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit A, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. Section 25. Default. Any of the following events constitute default under this Lease: (1) Failure to pay utilities before the due date. Page 6 of 12 TCEO Air Mnnitnrinn I. ease 5 +5 051R2009 (2) Failure to perform scheduled maintenance. (3) Abandonment of the Premises. (4) Failure to maintain any insurance coverages required in this lease. (5) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 26. City's Remedies on Lessee's Default. a. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in the name of the whole and, upon the entry, this Lease terminates. b. In the event of default by Lessee under Section [26], the City has the option to pursue any one or more of the remedies provided in this lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy: (1) The City may enter into and upon the Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. (2) After retaking possession as set out in paragraph 1 of this section, or upon abandonment of the premises by Lessee, the City may at the City's option relet the premises or any part of the premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this lease. The term of such reletting by the City is evidence of the fair rental value of the premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this lease for the balance of its term exceeds the fair rental value of the premises for that period. Section 27. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to in any other way enforce the Page 7 of 12 rrcn Air nnnnnn.inn 1 mama Fa' f1F1A9f10Q provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorney's fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 28. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 29. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 30. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi TCEQ Attn: Director of Park and Recreation P.O. Box 13087 P. O. Box 9277 Austin, Texas Corpus Christi, Texas 78469 -9277 78711 -3087 d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 31. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. .The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing Page 8 of 12 TCPC) Air Mnnitnrinn 1 ease 5 +5 05lA9009 of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 32. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 33. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 34. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 35. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 36. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 37. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 38. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 9 of 12 Trcn Air nnnnAn.'.nn 1 neon GAF rIA 1 Gonna unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 39. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 40. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 41. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 42. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. Section 43. Effective Date. This Lease is effective on EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of July, 2009. Page 10 of 12 TCFO Air Mnnitnrinn 1 case F +F 051 R9009 LESSEE: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY By: Matthew R. Baker, P.E. Monitoring Operations Division STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on June, 2009, by Matthew R. Baker, P.E., Monitoring Operations Division, on behalf of the Texas Commission on Environmental Quality. Notary Public, State of Texas Page 11 of 12 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO LEGAL FORM: This day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on July , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 12 of 12 Tncn n:. \I....'An.:nn 1 nnc. r..L /1C, gonna 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Mav 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: Sally Ga , Director Parks a Recreation Department Copy - Request for Naming of Parks and Facilities Copy — Council Policy Information 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. 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.) V1L -I Mk lit 0g1U p (�,c�� mid 2. Location 1 VC 1'-i11 gf U / I N o fr pLao Chs4 &ACC, /Nor f r'&ccR 3. Suggested Name 'I D01 ph in Pa r1 " 4. P ase describe why you feel this name to be appropriate. ee&t v-e 4.1� ot v i o PQ rc 1-re evicI NS vil-W s c MI (0rpm. Cimsh `" "� c1,4ve NIA ecen i cu3 a vfc 1 h'3 4'0 'Fit V I L (dm e M ckeph,W0 Alii7)2WI,t / L,2 +kJ Inc ,1 CC act, /Cc(5-z)a au d Y >ct/�- buio // -1 'v► Sc ul fit fc add to iL&c ( 5. Ne aU nd ae Wo erso n mgr estp 441 t U1t 4V »ogees ouvvi ' Name t4RkI e 6:1-soN Address q01 6ub.1(ZRECZE 6w1)r CCU ( -).940� Phone 3li (` 8 3 ` 70)14 5 -- gbJ u q e yo (o; P 6. Do you represent an organization with respect to this request? If 'yes', name organization Co rP%S Chvie, &pack / so UGt6wU 7. Date of this request Cte. Vii(( )-00 (, 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 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. i. 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 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. xm or CR. xx). (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 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 Page 2of2 That the / foregoing ordin ce was read for the first time and passed to its second reading on this the ; >YN1 day of l t`t" ' , 2009, by the following vote: Joe Adame L Priscilla G. Leal Chris N. Adler __ John E. Marez Brent Chesney %`T 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 H: \LEG- DIR \Lisa\2009 Ordinance\Renaming CC Beac to Dolphin Park ORDINANCE final.doc 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 9 , 2009) Case No. C0409 -04, City of Corpus Christi: City of Corpus Christi — A change of zoning from a "B -2A'/ "10" Barrier Island Business District with an Island Overlay District to a "R -1B "/ "I0" One Family Dwelling District with an Island Overlay District resulting in a change of land use from commercial and multi - family residential uses to single family residential uses described as Lake Padre South Bridge Port Unit 1 as shown on plat of record in Volume 54, Pages 174 and 175 of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1 and Block 2, Lot 10, located on the southside of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID). Planning Commission's & Staff's Recommendation (April 15, 2009): Approval of the change of zoning from a `B- 2A/I0" Barrier Island Business District with an Island Overlay District to a "R- 1B /I0" One Family Dwelling District with an Island Overlay District. Requested Council Action: Approval of the change of zoning from a "B- 2A/I0" Barrier Island Business District with an Island Overlay District to a "R- 1B /IO" One Family Dwelling District with an Island Overlay District. Summary: • Request: A change of zoning from "B- 2A/I0" Barrier Island Business District with an Island Overlay District to a "R-1B/I0" One Family Dwelling District with an Island Overlay District. The subject tract would include a majority of the Lake Padre South Bridgeport Subdivision Unit 1, except for two lots remaining with the 'B- IA/IO" designation. • Background. In November of 1981 the northem portion of the Bridgeport Subdivision was annexed into the City of Corpus Christi. At the owner's request, it was later rezoned to a `B -2A" Barrier Island Business District in November of 1986. Later that year, the southern portion of the subdivision located outside city limits was annexed and zoned with a "B -2A" Barrier Island Business District. The final change occurred in 2004 when the " -10" Island Overlay District was added as an additional zoning overlay classification. The initial projection for this area was that of commercial and mixed use capabilities. However, over time the development trend for single family residential rather than commercial uses in the Bridgeport Subdivision occurred. All thirty (30) property owners have been notified and have agreed to the change of zoning request. • Zoning: The proposed change of zoning to the "R- 1B /I0" One Family Dwelling District with an Island Overlay District would eliminate commercial and multi- family uses within the single family residential subdivision and provide for reduced side and rear yard setbacks. The current setback requirement is a ten foot minimum side and rear yard setback with the proposed setbacks being a five feet. All existing residential structures with the subject area would be in compliance with the five (5) foot setback requirements. • Existing Land Uses: A mixture of Low Density Residential (Single Family) properties built and vacant Low Density Residential Lots. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the northern boundary of the subject properties. o Wastewater: The City of Corpus Christi has several 8 inch wastewater lines within the subject properties. o Stormwater: The City of Corpus Christi provides several stormwater lines in the area. o Gas: The City of Corpus Christi has a 4 inch gas line along the western boundary of the subject properties. • Transportation/Traffic Impact Study: The property will be served by Whitecap Boulevard along the northem boundary of the subdivision. Further service to the residential homes will be provided by two residential streets East/West Chesapeake and Williamsport Drives. • Public Safety: a. Police: No impact. b. Fire: No impact • Environmental Constraints: o FEMA Flood Zone: o Soil Type: o Wetlands: Flood Zone A13 — Areas of the 100 -year Flood. Victoria clay. Lots 9 and 10 of Block 2 are PEM1A - Palustrine, Emergent, Persistent, Temporarily Flooded • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 40 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 Points) o Foster distinctive, attractive communities with a strong sense of place. (10 Points) o Create walkable neighborhoods. (10 Points) o Make development decisions predictable, fair and cost effective. (10 Points) • Comprehensive Plan/ Future Land Use: The future land map recommends a tourism use for the subject property. However, the plat submitted in March of 1991 specifically designed the subdivision for single family homes. While the adopted Future Land Use Plan designates tourism uses, single family uses may also be considered consistent with policies in the Comprehensive Plan to protect existing — neighborhoods. City Charter requires rezoning to be consistent with the Comprehensive Plan. Approval of the rezoning will amend the Comprehensive Plan. Notification: Of the two hundred and fifty three total notices mailed: Thirty (30) notices were mailed to the subdivision property owners with six (6) notices returned in favor and zero (0) in opposition; Of the twenty three notices mailed to the surrounding property owners within a 200 ft. area of the subject properties, zero (0) were returned in favor and one (1) in opposition, and of the two hundred (200) notices mailed to the adjacent condominium complex, zero (0) were returned in favor and zero (0) in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. H:WLN- DIR\SHAREDU. Planning Cmnmi..ionCI119 CCUIn1C 1MCI4119 -114 AGENDA MEYIO dnc Notification: Property Owners: 30 Mailed In Favor: 6 In Opposition: 0 200 ft. Area: 23 Mailed In Favor: 0 In Opposition: 1 Condos: 200 Mailed In Favor: 0 In Opposition: 0 FGM/ej Attachments: 1. Zoning Report 2. Planning. Commission Minutes 3. Ordinance (and site plan if appropriate) HAM V!HP \CHsprnu P Juan Perales, P.E., Interim Assistant City Manager of Development Services 826 -3828 JohnnyP @cctexas.com mmissk, IC009 CCVm,e i9ACIWD9- AGENDA MENIO dim Senior Planner CITY COUNCIL ZONING REPORT Case No.: C0409 -04 Planning Commission Hearing Date: April 15, 2009 ao 0 A Q aA Applicant: City of Corpus Christi Owner: Various Owners Representative: Faryce Goode - Macon, Assistant Director of Development Services Address: Lake Padre South Bridgeport Unit 1 Subdivision, 32 Lots Legal Description/Location: Lake Padre South Bridgeport Unit 1 as shown on plat of record in Volume 54, Pages 174 and 175 of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1 and Block 2, Lot 10, located on the southside of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID). Zoning Request From: 'B- 2A/IO" Barrier Island Business District with an Island Overlay District To: "R- 1B /IO" One Family Dwelling District with an Island Overlay District Area: 7.92 Acres, 31 Lots Purpose of Request: To eliminate commercial and multifamily uses within the single family subdivision and reduce the side and rear yard setbacks for single family residential construction. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "B- 2A/IO" Barrier Island Business District with an Island Overlay District Mixture of Low Density Residential and Vacant Tourist North "R- 1B/PUD -1 /IO" One Family Dwelling District Planned Unit Development with an Island Overlay District. Mixture of Low Density Residential and Vacant Low Density Residential South "B- 2A/IO" Barrier Island Business District with an Island Overlay District Vacant Tourist East "B- 2A/I0" Barrier Island Business District with an Island Overlay District Medium Density Residential Tourist West "B- 2A/I0" Barrier Island Business District with an Island Overlay District Vacant Tourist f o s o Area Development Plan: Mustang/Padre Island - The future land use map supports the Low Density Residential Map No.: 029,025 Zoning Violations: None Staff's Summary: • Request: A change of zoning from `B- 2A/IO" Barrier Island Business District with an Island Overlay District to a "R- 1B /I0" One Family Dwelling District with an Island Overlay District. The subject tract would include a majority of the Lake Padre South Bridgeport Subdivision Unit 1 except for two lots remaining with the 'B- IA/IO" designation. • Background: In November of 1981 the northern portion of the Bridgeport Subdivision was annexed into the City of Corpus Christi. At the owner's request, it was later rezoned to a `B- 2A" Barrier Island Business District in November of 1986. Later that year, the southern portion of the subdivision located outside city limits was annexed and zoned with a `B -2A" Barrier Island Business District. The final change occurred in 2004 when the " -I0" Island Overlay District was added as an additional zoning overlay classification. The initial projection for this area was that of commercial and mixed use capabilities. However, over time the development trend for single family residential rather than commercial uses in the Bridgeport Subdivision occurred. • Zoning: The proposed change of zoning to the "R- 1B /IO" One Family Dwelling District with an Island Overlay District would eliminate commercial and multi - family uses within the single family residential subdivision and provide for reduced side and rear yard setbacks. The current setback requirement is a ten foot minimum side and rear yard setback with the proposed setbacks being a five feet. All existing residential structures with the subject area would _be in compliance with the five (5) foot setback requirements. • Existing Land Uses: A mixture of Low Density Residential properties built and vacant Low Density Residential Lots. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the northern boundary of the subject properties. o Wastewater: The City of Corpus Christi has several 8 inch wastewater lines within the subject properties. o Stormwater: The City of Corpus Christi provides several stormwater lines in the area. City Council Zoning Report Case #: 0409 -04, The City of Corpus Christi Page 3 o Gas: The City of Corpus Christi has a 4 inch gas line along the western boundary of the subject properties. • Transportation/Traffic Impact Study: The property will be served by Whitecap Boulevard along the northern boundary of the subdivision. Further service to the residential homes will be provided by two residential streets East/West Chesapeake and Williamsport Drives. • Public Safety: a. Police: No impact. b. Fire: No impact • Environmental Constraints: o FEMA Flood Zone: Flood Zone A13 — Areas of the 100 -year Flood. o Soil Type: Victoria clay. o Wetlands: Lots 9 and 10 of Block 2 are PEM1A - Palustrine, Emergent, Persistent, Temporarily Flooded • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 40 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 Points) o Foster distinctive, attractive communities with a strong sense of place. (10 Points) o Create walkable neighborhoods. (10 Points) o Make development decisions predictable, fair and cost effective. (10 Points) • Comprehensive Plan/ Future Land Use: The future land map recommends a tourism use for the subject property. However, the plat submitted in March of 1991 specifically designed the subdivision for single family homes. Therefore, while the future land use is designated for uses associated with tourism, the deign calls for single family unit development. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. • Comprehensive Plan - Policy Statements b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their City Council Zoning Report Case #: 0409 -04, The City of Corpus Christi Page 4 choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today's market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. Staff Comment: The change of zoning request will allow for the development of this subdivision on a more effective level. The change of setback requirements will allow for homes to be designed under more accommodating conditions versus the previous requirements under the `B- 2A/IO" district. • Mustang/Padre Island Area Development Plan (ADP) Policy Statements: POLICY STATEMENT B.3 Development that is visible from designated arterial thoroughfares must have a consistent urban design theme integral to creating a "sense of place ", enhancing the "visitor experience ", and enhancing the overall quality of life. Staff Comment: The change of zoning would allow for the design and development of this subdivision to enhance the tourist experience, while giving more latitude to property owners to design their homes consistent with the Padre Island motif. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2001)* Whitecap Boulevard C2 — Secondary Collector 65' ROW, 41' BB 3,180 ADT Plat Status: The subject properties are platted. Staff Recommendation: • Approval Planning Commission Recommendation: • Approval City Council Zoning Report Case #: 0409 -04, The City of Corpus Christi Page 5 Number of Notices Mailed total — 253 (inside 200 foot notification area); 0 outside notification area — 55 Subject parcel notices sent to property owners. Favor — 5 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (outside notification area) (As of April 9, 2009) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning Attachment 10 Zoning Case:0409 -04 City of Corpus Christi From: `B- 2A/IO" Barrier Island Business District with an Island Overlay District To: "R- 1B/IO" One Family Dwelling District with an Island Overlay District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 10 5. Foster distinctive, attractive communities with a strong sense of place. 10 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 40 Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a-plat shall be approved and filed. 0 a0OS(_ OVOL. 20%6 Pt A04./ - 54R arm,' of develop. .. . __...... CASE # 0409 -04 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mao 2; " 2b for Neighborhood eysziog vse. Also available Map Scale: 1:90,000 WHR£GC- VOCATION MAP SUBJECT PROPERTY :ity of < nrigi - "C j I H q • I tt 1 wI 1j M.9 R tr' J E r C R • /SUBJECT PROPERTY Cc 'L V .. 041061009 Prepare(' By SRR trnent of Development Ser✓rces CASE # 0409 -04 2.a. NEIGHBORHOOD - EXISTING LAND USE c Enate Residential - ER [ Low Density Res. - LDR "-d Dc nsity Res. - MDR I,r;al r': t.i Density Res. - HDR t' r Ile Home - MH !tit - VAC "'-of; bnal Office - PO i:.. Vninerciai - COM ILiI I ( f Light Industrial - LI Heavy Industrial - HI Public Semi - Public - PSP Park GG f Drainage Corridor - DC CP Conservation/Preservation - CP n Water Map Scale: 9:10,000 WHii£G SUBJECT PROPERTY LOCATION MAF' 00 - %). 4 . • ;•;->.",. • .} • • //11 1/ 800 Feet \I /1k SUBJECT PROPERTY CASE # 0409-04 2.b. SITE- EXISTING LAND USE LJ Estate Residential - ER [ -71 Low Density Res. - LOR • ?(-1 Density Res. - MDR j rJJl r...:11) Density Res. - NOR 111c/bile Home - Mb! R27 Ilmant - VAC • ' • • • f• •Onal Office - PO - COM Light Industrial - LI 1,_,31 Heavy Industrial - Hi ! rcol public Semi-Public - PSP Ruh EC I Drainage Corridor - DC Conservation/Preservation • CP T] Water Map Scale: 1:2.400 SUBJECT PROPERTY LOCATION MAP ss City of Corpus Chnsti *LDR'A I IR 1 -B PARK P4 RK PARK. 1 TOR •:c '/VIDFF' . • Will Eiji' i'.1J1,1bR1 MDR j LAaili; bit -E C 4-1:PL-11 I 1111 4,Z 1 Lbk ti E I I W.4TE L _WATR tool21 LH —1 FH.S.Pect. 'OR >SP 01.4 TER rE9R, LW) RH. L fr-f -4 0,- , U0 m Feet • -1 P4 RK 14,14 TER 04/06 2009 Prepare° By SRR Department of Development Seroces CASE # 0409-04 .a. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR - Estate Residential - ER - - Low Density Res. - LDR - -1 rt • ir • rsity Res. -MDR gh Density Res. - HOP lie Home - MH ..cant VAC -51 Pr ofes,sionat Office - PO Com arcial - COM Transportation Plan •4i feria! s Collectors MYER.. Ex pi ass o ,.ays urur. Parkway Railroad 11.1 Tourist- TOR ;Hd AY, -a-web/Business Park - REIP Li j Liqht Industrial - LI Heavi Industrial - HI Pubh Semi-Public - PSP Park _ Drainage Corridor - DC DP Dredge Placement - DP cP Water Conservation/Preservation - Map Scale: 1:10,000 \ SUBJECT PROPERTY 11.2 LOCATION' MAPJ r-flr CITY of ( Christi OR W/ TER — L-DR —' -J o W U �\ LDR-1 L WATER WATER I rnp CP TOJ SUBJECT PROPERTY 44W TER CRP VI A)ER CASE # 0409 -04 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR IN Tourist - TOR 1 Estate Residential - ER IPeJ Fa-Hatch/Business Park - RBP - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' ,sity Res. - MDR Heavl Industrial - HI - ^gh Density Res. - HDR Thr I Pub'' Semi - Public - PSP Ile Home - MH Park - 1 .cant - VAC - Drainage Corridor - DC ' 'on Tonal Office - PO "P Dredge Placement - DP _ art ,.. ✓cial - COM l ] Water cP ConservationPreservation - CP Transportation Plan .4i!eri fs Collector - - -- Expresslvay5 ur- Parkway } Railroad Map Scale: 12.400 VVH,TE 1'49. SUBJECT PROPERTY LOCATION MAPJ CITY (t��' ?I is Christi • v IA R3Ck= PADRE e IiC '. -. . • . S s< -.,d Ca NE HARBOR' CRT P4DAE ISLAND LAI4 �4DFE fUrH CASE # 0409 -04 4. SITE- 2007 AERIAL Ad Refer td Mao ?'or Neighborhood E•::r!o, La.si Use 41so available di U L F..c;te.:as.cmem »ThT C4p- SUBJECT PROPERTY LOCATION MAPJ CITY f ('rr�,r c, Christi B /PUB? -1/10 PADRE ISLAND SEC. H UNIT #1 E ISLAND SEC H ON! B -2A /I0 PADRE ISLAND PADRE ISLAM PADRE6 IISLAND NO-6 1 PWMPAIrir ingtidgiffec Or i r ,414W 7a VV/E rA D. R E $ BR - �/..� 4`. 12 -4 13 -A 14 -4 .11-4 / PROPERTY B - /A /10 /!% \\.'-----..,,_ LAKE PADRE SOUTH. IQ ,4� /a *� / ""--, / 17-4 11 -A 19 -4 20 -8 800 Feet 4 U4/0E &3009 r Prepared Sk SRR Department of development Service CASE # 0409 -04 5. SUBJECT PROPERTY Subject Properly :.::4HITECAP- SUBJECT PROPERTY (LOCATION MAPJ 1 City Of Corpus Christi 6 -A. 6 -6 7 -A 7_g 8 -A 6-8 9 -A 9 -8 YA -A TD -& 21 -A 11 -8 fl Al 12.8 Ci71. 23 -A 13 -H ®. 1c -a i4 -a ss -a 15 -6 16-4 16 -8 1.7 -4 . 17 -8 T8 -A 16 6 19-4 29- AND SEC H OMIT PADRE ISLAND SEC H UNIT #. B-2A110 PADRE(, B -,2\A 124 0 SUBJECT �\ PROPERTY LAKE PADRE SOUTH $A 19 -A SOO Feet CASE # 0409 -04 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP wartment House District ant House District ant House. oiUriA HE Processional Office District AT Arai tinnentiprounist District B-1 lbeigiuboi hood Eenine z Dbrold 8-14 fleigiborhooe Bushes:. Dhaila 8-2 Bayfr It Bra ness :Dlstrlct e-2A bainer Island Business District B-. Bs sincss Listiict 8-4 reeneral U4141n35a District E G Primory Business District B-3 Prosaic asincss Core Dictrlet ED Cori US Chrish Beach Design Dist F-R Farr Rib al DIpi49 H.T. Hislarcal- Guttural Landmark Preservation 101 in /'-,04/08r2009 Froparnif8y: SRR development Services 1-1 Limier Industrial Distract 1-2 Llgil industrial District 1-3 Heavy Industrial Dst ct PIJD Panned Unit Derelornlent R- A Cre Family Da llrg Dist rot R-'13 One Sorrily Deviling 013trlct R10 Orr Fari1ly Dirndl mg Dwlct R-2 Militiple Doe ling nudist RA One Family Deana District RE Residential Estate District R -TH icenbou-ae °ceiling District EP Spatial Perivi lDa Tavel Toner Park Dlstdat P-18 Nxnuraeiured Heine Perk Dish- et a denuraalured.Hems Subdivision Distrait prt Ptbpdrty n Ov; ooi4 00 vier Ikse o, fro a- AOwners 200 s:ed or v coo oem attache, a: e 'rp aA'e A /00000 ft/OP SUBJECT PROPERTY LOCATION MAPI �T-Ti4GHMEn7 / COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0409 -04 Name: The City of Corpus Christi Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 253 Returned undeliverable: 5 I. Notices returned from within the 200 -foot notification area: Favor: 6 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. 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"B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS Section 13 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-2A" Barrier Island Business District. This district provides for a wide variety of business, commercial and indoor /outdoor amusement uses which reflect the character of a resort area. Certain conditions shall be imposed which will preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Except as provided by Section 13 -2, this district prohibits outdoor storage of any goods. (Ordinance 23905, 01/11/00) Section 13 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "A -2" Apartment House District. ( 2) Aquarium. ( 3) Auditorium or gymnasium, or other amusement place in an enclosed building. ( 4) Automobile parking lots and accessory off- street parking spaces, provided that no parking spaces shall project into the required front yards. (Ordinance 23905, 01 /11 /00) ( 5) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. ( 6) Auto rental agencies, only if customer autos are allowed on the street side of a building and rental cars are screened from view of adjacent property and the public. (Ordinance 25902, 08/17/04) ( 7) Automotive repair, minor, provided all work is performed inside of a building and bay doors are screened from view of adjacent property. Tire sales and servicing are allowed as long as all activities and product are inside an enclosed building. All automobiles being repaired or waiting to be repaired must be screened from view of adjacent property and the public. (Ordinance 25902, 08/17/04) ( 8) Bank or loan association. 02/08 ( 9) Boat and RV storage, indoor and outdoor storage allowed: subject to the following requirements: (a) One acre minimum site area. (b) A six foot screening fence is required on all sides except for ingress and egress points. (c) issuance of permit shall be based upon approved site plans. (d) When abutting a single/family and duplex use or zoning, or when located across a local residential street R.O.W from a single/family or duplex use or zoning, the screening fence shall comply with the Island Overlay District screening requirement. (e) A five foot landscaped strip shall be installed in front of the fence along any local street entrance. (f) Security lighting, if used, shall be directed away from abutting properties and rights- of -way. No lighting standards shall exceed a height of 20 feet. (g) Cleaning of R.V.'s or boats shall be permitted, including flushing of engines, subject to federal, state and local environmental regulations and may only be conducted after 7 am and before 7 pm. B-2A - 55 - (h) Open storage may only occur on improved surfaces. Improved pervious surfaces such as landscape paving stones are allowed. (Ordinance 23902, 08/17/04) (10) Boat sales and enclosed boat storage: allowed subject to the following requirements: (a) One acre minimum site area. (b) A six foot screening fence is required on all sides except for ingress and egress points. (c) Issuance of permit shall be based upon approved site plans. (d) When abutting a single/family and duplex use or zoning, or when located across a local residential street R.O. W from a single/family or duplex use or zoning, the screening fence shall comply with the Island Overlay District screening requirement. (e) A five foot landscaped strip shall be installed in front of the fence along any local street entrance. (f) Security lighting, if used, shall be directed away from abutting properties and rights - of -way. No lighting standards shall exceed a height of 20 feet. (g) Cleaning of R.V.'s or boats shall be permitted, including flushing of engines, subject to federal, state and local environmental regulations and may only be conducted after 7 am and before 7 pm. (h) Open storage may only occur on improved surfaces. Improved pervious surfaces such as landscape paving stones are allowed. (Ordinance 23902, 08/17/04) (11) Car washes- Washing and drying areas must be screened from view of adjacent property and public rights -of -way by landscaping, berms, fencing, building orientation or a combination thereof. (Ordimume-Y3902; 08/t7/ 02/08 (12) Child care centers. (13) Fueling. (14) Hospitals or clinics. (15) Hotel, motor hotel, or motel. (16) Marina. (17) Mini - storage, enclosed. (Ordinance 23905, 01 /11 /00) (18) Museum. (19) Offices and medical offices. (20) Personal service uses, such as barber shops, beauty shops, tailor shops, dry- cleaning pick -up stations, steam baths, messenger or taxi stations, or studios for artists, musicians or photographers. (21) Restaurants with or without alcoholic beverages, tavern, or club. 8-2A - 56 - (22) Retail store. (23) Self- Service laundries. (24) Shoe repair, TV repair, small household appliances repair. (25) All outdoor signs shall be used to advertise the principal business or activity conducted on the premises. No portable signs are permitted. No sign shall be permitted regardless of size, which revolve, move, flash, or make noise. No agency of the City of Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. (a) Freestanding Signs One freestanding sign shall be permitted on a site not exceeding sixty (60) square feet in area, thirty (30) feet in height or project above the roof line, and shall not occupy the required twenty (20) foot front yard. For a site with more than five hundred (500) feet of frontage, measured along the longest sleet, an additional freestanding sign not exceeding sixty (60) square feet may be permitted. (b) Wall Signs All wall signs shall be attached flat against the wall, shall not project more than eighteen (18) inches from the wall and shall not project above the roof line of the building. No sign shall exceed one hundred (100) square feet, except that for each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area on one lot(s) shall not exceed one hundred fifty (150) square feet. (c) Walt Signs (Shopping Centers) Each tenant may erect on the face of the building, or hang from a canopy or overhang, one (1) square foot of sign for each front foot of tenant space that is occupied by the same tenant. No additional freestanding or temporary signage is permitted. 02/08 (d) Banners not exceeding twenty (20) square feet may be permitted for a period not to exceed thirty (30) days from the time of certificate of occupancy. (e) Commercial Real Estate Signs Any lot or other area greater than one lot under one ownership may erect one sign on each street frontage, setback from the front property line twenty (20).feet and shall not exceed sixteen (16) square feet. (26) Theater or amphitheater. (27) Veterinary clinics, if kennels are entirely within a permitted building. No open kennels shall be permitted. Outside runs are allowed provided that no run may be located within 100 -feet of any residentially zoned or residentially used property. No animals may be housed outside overnight. (Ordinance 23902, 08/17/04) (28) Accessory buildings and uses, except that outside storage and outside sales area are not permitted. (29) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2, of this Ordinance. B-2A - 57 - (30) Drive- through windows shall be screened with landscaping from public rights -of -way. (Ordinance 23902, 08/17/04) Section 13 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 13-4 Off - street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. Section 13-5 Height and Area Regulations. The height and area requirements shall be as set forth in the chart of Article 24, and in addition, the following requirements shall apply: 13-5.01 Except as authorized in Section 27B- 9.A.1, no building, fence, structure, or sign shall be permitted in front yard area as set forth in Article 24. (Ordinance 23902, 01 /11 /00) Section 13-6 Supplementary height and area regulations are contained in Article 27. Section 13-7 Access Restrictions. No direct access to a residential local street is allowed, except for uses permitted in the "A -2" Apartment House District. For the purposes of Article 13, a local residential street is a local street where fifty (50) percent of the linear frontage is zoned as an "F -R ", "RE ", "RA ", "R-1A", "R -1B ", "R -1C", "R -2 ", "A -1" "A -1A", or "A -2" District. (Ordinance 23905, 0I /1 I /00) (Ordinance No. 25322, 05/27/03) Section 13-8 Screening Requirements (Ordinance 23902, 01 /11 /00) 13 -8.01 Any use, other than a use authorized in an "A -2" Apartment House District, if adjacent to a local residential street, shall include a twenty foot landscaped setback area with a six foot stucco finish fence, described in Section 13 -8.03, behind the landscaped setback area. A pedestrian access may be provided along the fence as long as the commercial property is adequately screened from the residential area. (Ordinance No. 25322, 05/27/03) (A) The stucco fence shall extend the width of the lot and for a distance of fifteen (15) feet along the side lot lines. 02/08 (B) The remainder of the side lot line must be fenced with either a stucco fence of the same design or a standard six (6) foot wood screening fence. 13 -8.02 If any use, other than a use authorized in an "A -2" Apartment House District is adjacent to a lot that has access only to a local street, then the rear lot line must be fenced with either a stucco fence as described in Section 13 -8.03 or a standard six (6) foot wood screening fence. 13-8.03 The six (6) foot stucco finish fence must be of an ivory tone and designed as stucco plaster on one of the following: (A) Concrete masonry units, (B) /i' or greater cement board and treated wood structure, or (C) Pre-cast panels and concrete columns. 13 -8.04 The following uses must be screened along the front lot area and for a distance of fifteen (15) feet along the side lot lines with a stucco type fence described in Section 13 -8.03. The remainder of the side lot lines and the rear lot lines adjoining lots that only have access to a local street, must be fenced with either a stucco fence of the same design or a standard wood screening fence: B-2A - 58 - (A) Boat and RV storage, including outdoor boat and RV storage. (8) Mini - storage, enclosed. Section 13 -9 Landscaping Requirements (Ordinance 23902, 01 /11 /00) 13 -9.01 The landscaping requirements are in Section 278 -7.01 C. 02/08 B-2A ARTICLE 9. "A -2" APARTMENT HOUSE DISTRICT REGULATIONS Section 9 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "A -2" Apartment House District. This, the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming and lodging houses. ( 5) Private clubs, fratemities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Apartment hotels. ( 7) Non -profit, religious, educational, and philanthropic institutions. ( 8) Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. ( 9) Accessory buildings and uses. (10) A sign identifying all permitted uses, except for one and two-family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or inrnrpnrarn flashing,.mo_ying, orintermittent illumination. In the event that a property is occupied by ten (10) or more multi- family units, one (1) ground or monument freestanding sign, which shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or die (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). In addition to the above, multi -family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. (l l) Assisted living facility. (Ordinance 24566, 08/28/01) (b) (c) AT 02/08 - 45 - (12) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) (13) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 9-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 9-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 9-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be set forth in the chart of Article 24, and in addition the following regulations shall apply: 9-5.01 Buildings may exceed sixty (60) feet or four (4) stories in height provided that forty percent (40 %) of the site is devoted to non - vehicular open space. 9-5.02 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Sectioa 9-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AT - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: 02/08 (a) that the sign was constructed and in use prior to January I, 1989; (b) that the sign is used to identi ty or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. R -1A - 28 - ARTICLE 6. "R -18" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1B" One- family Dwelling District. The purpose of this district is to provide for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Section 6-2 Use Regulations. The use regulations are the same as those in the "R -1A" One- family Dwelling District. Section 6-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 6-4 Off-street Loading Regulations. The off -skeet loading regulations for permitted uses are contained in Article 23. Section 6-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -18 Attachment 10 Zoning Case:0409 -04 City of Corpus Christi From: `B- 2A/10" Barrier Island Business District with an Island Overlay District To: "R- 1B/IO" One Family Dwelling District with an Island Overlay District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 10 5. Foster distinctive, attractive communities with a strong sense of place. 10 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 40 Attachment 11 City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shalt establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan, (5) Exercise control over platting and subdividing land within ,the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city-improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall Wednesday, April 15, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly *ABSENT Govind Nadkarni * ABSENT Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Annissa Garrett, City Planner Andrew Dimas, Planning Technician Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espaiiol a ingles en la junta para ayudarle I. CALL TO ORDER Garza. A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman B. ZONING 1. New Zoning a. Case No. C0409 -04 City of Corpus Christi — A change of zoning from a "B -2A "/ "I0" Barrier Island Business District with an Island Overlay District to a "R -1B "/ "IO" One - family Dwelling District with an Island Overlay District resulting in a change of land use from commercial and multi - family residential uses to a single family residential use Lake Padre South Bridge Port Unit 1 as shown on plat of record in Volume 54, Pages 174 and 175 of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1 and Block 2, Lot 10, located on the south side of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID). Andrew Dimas, Development Services, presented the above stated case via PowerPoint stating the applicant is the City of Corpus Christi. Mr. Dimas stated Development Services initiated the zoning change from "B- 2A " / "IO" Barrier Island Business District with an Island Overlay District to "R- 1B " / "IO" One - family, Dwelling District with an Island Overlay District. Mr. Dimas stated the property was originally annexed in 1986. Mr. Dimas stated the current issue is the ten (10) foot side yard setback creates a challenge in developing the smaller lots of approximately 6, 000 square feet. Mr. Dimas stated the new proposed zoning will require a reduced side yard setback of five (5) feet. Staff recommends approval. In response to Commissioner Skrobarczyk, Mr. Dimas stated there is a height restriction of 35 feet on the proposed zoning. Planning Commission Minutes April 15, 2009 Page 2 In response to Commissioner Skrobarczyk, Mr. Dimas stated the front setback in the proposed zoning will change from twenty (20) feet to twenty five (25) feet. Mrs. Faryce Goode -Macon stated the main thrust of the proposed change is to restrict commercial uses into the property and improve the ability of residential development. In response to Vice -Chair Huerta, the orange shaded area on the map is medium - density which is a condominium complex. Mr. Dimas also stated south of the property is vacant and is zoned as 'B- 2A " / "IO" Ranier Island Business District with an Island Overlay District. In response to Vice -Chair Huerta, Andrew Dimas stated the property was initially platted as "B-2A" and that proposed zoning change is in fact staff initiated due to the restriction of the ten (10) foot setbacks which was noted when plans for a home were submitted. Mr. Dimas stated when the property was re- platted by the developer the property was not re- zoned. In response to Vice -Chair Huerta, Jay Reining, Legal Department, stated several other special permits had been issued for other houses regarding the setbacks and stated the issue should have been addressed previously but was inadvertently overlooked. In response to Vice -Chair Huerta, Faryce Goode- Macon, stated all of the owners have signed disclosure statements. In response to Commissioner Skrobarczyk, Faryce Goode - Macon, stated the corner lot would remain 'B- 2A " / "IO" Barrier Island Business District with an Island Overlay District. In response to Commissioner Taylor, Andrew Dimas stated on the original plat there are no additional lots planned. Public hearing was opened. Jimmy B. Johnston, President of Home Owner's Association, stated he owned several Tots in the area. Mr. Johnston stated there was simply an administrative error th-at needed to be rectified. Mr. Johnston stated the City became aware of this error and initiated steps to correct the zoning and that he was very appreciative of their efforts. Public hearing was closed. Motion for approval was by made Commissioner Martinez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Commissioners Nadkarni and Kelly being absent. H:\PLN- DIR\SHARED \I. PLANNING COMMISSION\ 2009 CCUUNE U9 \C0409 -04 MINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO LAKE PADRE SOUTH BRIDGE PORT UNIT 1, SAVE AND EXCEPT BLOCK 1, LOT 1, AND BLOCK 2, LOT 10, FROM "8- 2A"/"10" BARRIER ISLAND BUSINESS DISTRICT WITH AN ISLAND OVERLAY DISTRICT TO "R- 1B " / "IO" ONE FAMILY DWELLING DISTRICT WITH AN ISLAND OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 15, 2009, during a meeting of the Planning Commission, and on Tuesday, June 9. 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lake Padre South Bridge Port Unit 1, as shown on plat of record in Volume 54, Pages 174 and 175, of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1, and Block 2 Lot 10, located on the south side of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID), from "B- 2A " / "IO" Barrier Island Business District with an Island Overlay District to "R-1B"/"10" One Family Dwelling District with an Island Overlay District. (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas; is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. (Zoning Map 029025) SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date; remain in full force and effect. H:\ LEG -DIR\ Shared\ LEGAL- DEV.SVCS\2009 Agenda \6- 9 \ORD- zoning 0409 -04 CilyofCC -SPID R -1 B- IO.doc Page 2of3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of June, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: June 1, 2009 eborah Walther :?"n Assistant City Attorney For City Attorney H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda\6- 9 \ORD- zoning 0409 -04 CityofCC -SPID R -1 B- IO.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. 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, City of Corpus Christi 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 \6- 9 \ORD- zoning 0409 -04 CityofCC-SPID R -1 B- IO.doc 6-11 1.6 a4 .. _.... 0E 7.e ia —.. eA 6.6 10.4 10.1 WA 11.1 1x.4 lab ® 13..A rA II.I 14.A ll.! 15A 1).! 11.4 l,.l 174 11.0 11.4 11A Dd 0.3 PADRE ISLA el 14 E ISLAND SEC N B /PUD -1 /!0 PADRE ISLAND SEC N UNIT SI B -2A/!0 PADRE ISLAND PADRE 13 A 40_11.5 11.5 11 0 __ 11.4 1141 11.9 .._ U.. 14.5 ILA 1.1 LN 106 17.4 164 10.4 i0.4 V6P SUBJECT PROPERTY A /10 c LAKE PADRE SOUTH /e. O 4 1.4 CASE # 0409 -04 Applicant's Request, Staff's and Planning Commission's Recommendation From: "B- 2A/10" To: "R- 18/IO" Ordinance No • 'LOCATION MAP Exhbiit A 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/09/2009 AGENDA ITEM: Public Hearing on the FY 2009 -2010 Budget adopted by the Crime Control and Prevention District Board of Directors. CITY STAFF available to answer questions Name Title Dept/Division 1. M. J. Walsh Acting Chief of Police Police 2. Pat P.Eldridge Police Administration Manager Police 3. Eddie Houlihan Director Mgt and Budget OUTSIDE INDIVIDUALS available to answer questions Name Title/Position Organization 1. ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime Control and Prevention District adopted FY 2009/2010 budget no later than the 45th day before the fiscal year begins. REQUIRED COUNCIL ACTION: : The Board of Directors of the Crime Control and Prevention District held a public hearing on April 15 and adopted the budget the same day. The public hearing by the City Council was advertised in the Corpus Christi Caller Times on May 29 as required 10 days before the public hearing. The City Council must approve or reject the budget no later than the 30th day before the fiscal year begins (scheduled for June 16, 2009). M. alsh Acting Chief of Police Attachments: Adopted Budget c 0 .{J` V CCI tin CL 1 CL al 0 0 4.11 a 0 0 W E i 1. co E co 1— cn O L 0 n i O U a O up to = 0 U O 0 - CD Q) V_ = O C C a > OLn n U I I • e Assessment Center — Pawn Shop Detai — Graffiti Eradication co 0 co Li— E it 1W' 2 T O 0 0 (a lo = O a a) • Continued focus on N 1. (n CU U 0 .0 i O L 4- O 0 um) LI- O c a) E c cp .rn (n Q • — 8 Directed Patro V 1 N 0 t 0 W E fa CD i- 4-) C CD E V i O W N .c cu > n O .1 I i ct 0 t 0 cu 0 0 'm i ct 0 t 0 N 0 2 i 0 it 0 N Li- u) 0 Li- ro N I O i ro N i 0 t 0 0 O i z 'N V c O a 0 N O V fp a O V) 0 N a ra o a � O Cn N (.1) E 0 U 0 Ln Q O .1_, ro fa a u O ,-I N I I CO 1. costs - 4% increase — Sworn Personne Revenue $5,441,903 — 2% projected growth 1 1 CO LO O ri CD N P = U co (a 0 c 4- CD c 10 c LJJ • • All programs fu Tr b c 2 O • co ro O U 4- ) O O L ol a_t OV m O p 4 ,-1 a al O O U >. O " E • (n U En En . •� a) En > c •� o i _ a 0 a (a _c I1 •U U U -0 c = = -0 0 U m 0 0 Z% 8 U co U U U 1 1 I LO -� O> ,� . 0 0 s_ c c Q n n Lrl V` Z 4 1_L 0 moC CIL V 0 0 L 0 0 f 0 W' V CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2009 -2010 Proposed Budget City of Corpus Christi Crime Control & Prevention District FY- 2007/2008 Actual Year End Numbers FY- 2008/2009 Year End Estimates FY- 2009/2010 Proposed Budget As Amended May 20, 2009 CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 2009/2010 Page Program Org. No. No. 1 Financial Statement - 2 FY 2010 Proposed Expenditure Summary - 3 Police Officer Costs 11711 4 Pawn Shop Detail 11713 5 Public Safety Vehicles & Equipment 11717 6 Graffiti Eradication Program 11719 7 Juvenile Assessment Center 49002 8 Citizens Advisory Councils 49008 9 Juvenile City Marshals 49010 10 10 Year Revenue & Expenditure Projection _ - Crime Control & Prevention District FY- 2007/2008 Actual Revenues & Expenditures FY- 2008/2009 Year End Revenue & Expenditure Estimates FY- 2009/2010 Proposed Budget Actuals Amended Estimated Proposed 2007 -2008 2008 -2009 2008 -2009 2009 -2010 Beginning Balance! 2,271,057 2,394,869 2,394,869 2,377,936 Revenues Sales Tax 4,997,916 4,952,730 , 5,161,923 5,265,161 Interest on Investments 82,183 62,320 40,359 23,779 Transfer From Gen. Liability Fd. ! - - - 58,712 Transfer From Workman's Comp - - - 78,250 Juvenile Drug Testing 13,894 1 16,000 16,000 16,000 Sale of Scrap /City Property 12,353 - 1,425 - Total Current Revenues 5,106,346 5,031,050 5,219,707 I 5,441,903 Total Funds Available 7,377,403 7,425,920 7,614,576 7,819,838 Expenditures Police Officer Costs 4,117,071 4,371,426 4,223,090 4,434,566 Pawn Shop Detail 158,354 164,407 131,589 147,927 Public Safety Veh. & Equip. 112,783 145,160 145,160 135,000 Graffiti Eradication Program 69,031 183,536 184,989 109,421 Juvenile Assessment Center 356,973 385,956 365,778 392,276 Citizens Advisory Council 9,902 10,500 9,981 10,500 Juvenile City Marshals 158,420 180,536 176,053 179,468 Total Expenditures, 4,982,534 5,441,521 5,236,640 5,409,158 Ending Balance! 2,394,869 1,984,398 2,377,936 2,410,681 Surplus/(Deficit) 123,813 (410,471) (16,933) 32,745 1 Crime Control & Prevention District FY2010 Proposed Expenditure Summary Program FY2010 1 Per Cent Of Proposed Costs Total Budget Police Officer Costs -50 Police Officers Personnel Costs $ 3,631,536 Group Insurance j $ 339,660 Other Employee Benefits $ 8,496 Operational Expenditures $ 285,851 Health Benefit/SupplementalNision /Dental Ins. $ 54,495 Self Insurance $ 114,528 Total Police Officer Costs $ 4,434,566 81.98% Pawn Shop Detail -4 ftes Personnel Costs $ — 121,835 Group Insurance $ 12,264 Other Employee Benefits $ 684 Operational Expenditures $ 4,000 Self Insurance $ 9,144 Total Pawn Shop Detail $ 147,927 2.73% Public Safety Vehicles Costs 5 Replacement Police Package Sedans 1 $ 135,000 Total Public Safety Vehicles $ 135,000 2.50% Graffiti Eradication Program -2 ftes Personnel Costs $ 85,682 Group Insurance $ 9,168 Other Employee Benefits 1 $ 336 Operational Expenditures $ 9,663 Self Insurance $ 4,572 Total Graffiti Eradication Program $ 109,421 2.02% Juvenile Assessment Center -6.6 ftes Personnel Costs $ 278253 Group Insurance $ 17,916 Other Employee Benefits $ 1,128 Operational Expenditures $ 79,895 Self Insurance 1 $ 15,084 I Total Juvenile Assessment Center! $ 392,276 1 7.25% Citizens Advisory Committee Operational Expenditures I $ 10,500 $ 10,500 0.19% Juvenile City Marshals -3 ftes Personnel Costs $ 154,664 Group Insurance $ 17,436 Other Employee Benefits $ 516 i Self Insurance 1 $ 6,852 $ 179,468 1 3.32% Total Crime Control Proposed Budget $ 5,409,158 100.00% 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICERS COSTS -11711 EXPENDITURE BUDGET Account Description Actuals 1 Amended !. Estimated 1 Proposed 2007/20081 2008/2009 1 2008/2009 j 2009/2010 I Salaries and Wages 2,219,662 1 2,410,592 2,309,840 2,522,441 Overtime 196,044 ; 248,582 I 220,005 228,805 Other Pay 145,249 ' 156,838 1 168,319 175,052 Retirement 562,747 636,199 1 619,573 ! 705,238 Group insurance benefits 1 368,076 365,664 1 365,664 339,660 Other employee benefits - - I - 8,496 Chemical /household supplies 1 902 I 5,000 1 1,028 2,000 Clothing 43,751 I 56,000 1 44,381 j 56,000 Fuel & lubricants - 209,370 I 176,951 1 178,656 1 187,402 Food and food supplies 414 1 150 200 1 200 Minor tools & equipment 1 179,611 j 149,749 I 149,749 I 14,349 Office supplies i 1,032 1 1,200 I 1,200 i 1,200 Maintenance & repairs 407 I 1,000 1 1,000 I 1,000 Professional services 1,152 1 500 1 473 1 1,200 Vehicle repairs 562 i 1,500 1 1,5001 1,500 Postage & express charges 116 1 - - - Uniform rentals 61 1 - - 1 Telephone /telegraph service 10,724 1 15,000 15,000 1 20,000 Equipment maintenance - i 1,000 1 1,000 1 1,000 Printing advertising & PR 360 1 - - - Health Insurance Exp. -P.O. 16,741 I 16,741 1 16,741 1 17,295 Police Supplemental Insurance i - 6,000 I 6,000 1 6,000 Police Vision Insurance I - 4,200 I 4,200 1 4,200 Sworn Empl - Dental j 37,200 1 27,000 I 27,000 I 27,000 Interest & Bank Charges j 227 I - - 1 - Self Insurance Allocation 122,664 1 91,560 1 91,560 ! 114,528 TOTALS', 4,117,071 4,371,426 4,223,090 1 4,434,566 i FTES: 2005/2006 -50 Police Officers 1 2006/2007 -50 Police Officers I 2007/2008 -50 Police Officers 2008/2009 -50 Police Officers 1 2009/2010 -50 Police Officers 1 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description ! Actuals I Amended I Estimated 2007/2008 I 2008/2009 / 2008/2009 Proposed 2009/2010 I Salaries and Wages 105,310 1 107,172 I 81,346 94,575 Overtime - 1 1,200 1,959 1,500 Other Pay 473 2,100 2,100 2,100 Retirement 23,5121 25,304 19,637 23,660 Group insurance benefits 15,612 I 15,624 15,624 I 12,264 Other employee benefits 1 0 0 0 684 Minor tools & equipment - 200 I - 200 Minor computer equipment 2,313 3,000 1 - 0 Minor office equipment 1 - 1 1,200 500 500 Office Supplies 1,343 1 1,300 1,269 1,300 Non - Capital Lease Payments ' - - 1,847 2,000 Self Insurance Allocation 9,792 I 7,308 7,308 9,144 TOTALS' 158,354 . 164,407 131,589 147,927 FTES: 2005/2006 -4 ftes 2006/2007 -4 ftes 2007/2008 -4 ftes 2008/2009 -4 ftes 2009/2010 -4 ftes 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals 2007/2008 Amended i Estimated 2008/2009 i 2008/2009 Proposed 2009/2010 Vehicles & Machinery 110,160 110,160 110,160 ' 115,000 Other Equipment 2,623 35,000 ! 35,000 I 20,000 TOTALS 112,783 145,160 145,160: 135,000 1 FY- 2002/2003 -7 replacement vehicles — FY -2003 /2004- radios 8 MDT /AVLS FY- 2004/2005 -5 replacement vehicles FY- 2005/2008 -5 replacement vehicles FY- 2006/2007- vehicles reduced by board action of meeting on 03/17/2004. FY- 2006/2007 -funds approp. on 10/06 for purchase of 5 replacement vehicles FY- 2007/2008 -5 replacement vehicles i I FY- 2008/2009 -5 replacement vehicles FY- 2009/2010 -5 replacement vehicles proposed i j 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT GRAFFITI ERADICATION PROGRAM -11719 EXPENDITURE BUDGET Account Description Actuals 2007/2008 Amended Estimated Proposed 2008/20092008/2009 2009/2010 1 Salaries and Wages 30,538 61,943 t 62,950 61,642 Overtime 2,207 5,0001 6,794 7,000 Other Pay - 400 1 400 � 400 Retirement I 7,078 15,425 ! 15,892 16,639 Group insurance benefits - 11,220 1 11,220 9,168 Other employee benefits - - - 336 Fuel & lubricants 563 6,000 1,209 1,500 Minor tools & equipment % 4,641 1,500 1 1,500 1,500 Minor computer equipment 762 1,800 - - Minor office equipment 4,997 - - - Office Supplies j 763 1,000 1,578 1,500 Rentals 1 2,137 - 2,37011 2,563 Non - Capital Lease Payments - - 1,828 2,000 Telephone/telegraph service 1 42 600 600 600 Self Insurance Allocation j - 3,648 3,648 I 4,572 Vehicles & Machinery 15,304 1 75,000 75,000 - TOTALS 69,031 183,536 184,989 109,421 FTES: 2007/2008 -2 ftes 2008/2009 -2 ftes 2009/2010 -2 ftes 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals 2007/2008 Amended j Estimated 2008/200912008/2009 Proposed 2009/2010 L Salaries and Wages 206,064 219,614 1 210,699 223,217 Overtime 4 1,5001 18 5001 Other Pay 594 600 ; 600 500 Retirement I 44,274 50,784 ! 47,863 54,036 Group insurance benefits 18,648 21,408 I 21,408 17,916 1 Other employee benefits - - 1,128 Temporary services 5,017 2,000 2,000 2,000 Chemical /household supplies - - 334 • Food & food supplies - - 121 1 - Minor computer equipment 1,234 2,000 - - Minor office equipment 120 700 700 700 Office Supplies 1,700 1,500 1,500 1,500 Maintenance & repairs 80 275. 100 275 Professional services 18,637 16,000 16,000 16,000 Personal computer repairs - 100 100 100 I Postage & express charges 1,610 2,000 1,705 2,000 Rentals 34,796 43,884 43,884 45,000 Mileage reimbursement 988 3,600 680 3,600 Non - Capital Lease Payments - 1,116 679 1 800 Telephone /telegraph service 3,958 4,000 2,803 4,000 Building maint & service 97 500 250 500 Training - General 1,149 1,000 1 925 1 1,000 Printing advertising & PR 647 750 ' 750 750 Printing outside print shops - 150 150 150 Miscellaneous charges - - 34 - Travel 1,205. 1,520 1,520 1,520 Self Insurance Allocation I 16,152 10,956 10,956 15,084 ' TOTALS 356,973 I 385,956 365,778 1 392,276 FTES: 2005/2006 -6.6 ftes 2006/2007 -6.6 ftes 2007/2008 -6.6 ftes 2008/2009 -6.6 ftes 2009/2010 -6.6 ftes 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL -49008 EXPENDITURE BUDGET Ij Account Description Actuals Amended 2007/2008'2008/2009 Estimated 2008/2009 Proposed 2009/2010 I Minor tools & equipment 4,600 - 574 - Minor computer equipment 1,702 j - - - Maintenance & repairs - 1 4,000 3,000 4,000 Non - Capital Lease Payments - i - 1,407 1,500 Lease Computer Rental - I 1,500 — - - Printing advertising & PR 2,600 4,000 4,000 4,000 Printing outside print shops 1,000 1,000 1,000 1,000 TOTALS 9,902 1 10,500 9;981 ! 10,500 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuais 2007/2008 Amended 2008/2009 Estimated Proposed 2008/2009 2009/2010 Salaries and Wages 92,202 122,542 115,351 115,828 Overtime 7,709 6,200 i 10,093 6,200 Other Pay - 2,400 1,619 2,600 Retirement 21,632 30,0381 29,634 30,035 Group insurance benefits — 29,532 13,872 13,872 17,436 Other employee benefits - - - 516 Self Insurance Allocation 7,344 5,484 5,484 6,852 TOTALS 158,420 1 180,536 1 176,053 1 179,468 FTES: 2005/2006 -3 ftes 2006/2007 -3 ftes 2007/2008 -3 ftes 2008/2009 -3 ftes 2009/2010 -3 ftes 9 10 Year 10 0 m O N a cii (N•1 ` I 1Om m� p ;' • 0 r� 5,878,082 VI 0010 N m n N r -- -� 0 NNNN 10 r 01 10 A 04 ymy IJO re N A p U�°- d ci O V Crime Control & Prevention District 10 -Year Revenue & Expenditure Projection C m 0 2017/2018 O N ry Om1 a 40 1D a0 .a ' 16,000.1 6,323,095 5,973,024 200,261 N A - ' N 0 N 244,828 7,245,704 1°0 ONI (630,552) CO N } 2016 -2017 m N CO 1 M N (00 N V b 0 00 A ' 16,000 6,836,173 L _192,598 r 150,000 I 492,815 L235,201 7,128,231 q 10 0' v d 'O 01 .m... Year? 2015 -2016 M V d1 W V m N 01' b 1d A '' O 0' 1p ' 7,138,860 5,534,985 co N N CO 152,032 n N' N 10 m CO m V 226,073 6,739,294 b N m n (479,865) to A } Projected 2014 -2015 [ A N r 6,044,505 I. 25,494 O ' CO m d m O m 7,360,678 5,331,756 J V1 A O V r N IO PI r 461,420 N TACO a .4. N V 10 V A CO r (395,248) Year 5 I. Projected 2013 -2014 I 1,608,204 I. N 3 V 00 a N m m N 16,000 ID ,- CO N 0 CO N N m A r N r N 1-7-111 171,804f - V r 1 126,620. ' Imo m Im'1t. r r 209,181 6,250,141 I 1,274,679 (333,525) 2 E R m 0 N 0 O LL E 2 C $ m 0 i 1 Year 4 Projected 2012 -2013f 1,984,649 5,697,526 39,693 ' O O ' 5,753,219 1 b m n n 0 m Nr1 01 a 165,527 222,244 432,535 71,143 201,357 6,129,664 O N CO 0 10 r O V A ri Year3 Projected 2011 -2012 [ m Oml r N CO 0 in 1Ni1 N 16,000 5,592,118 V - m' A V/ N a N 10 140,454 133,182 A Oat v 10,924 193,912 5,834,464 m 13 m (242,346) Year 2 1 S :j d 0 ' O a` 2010 -2011 [ 2,410,681 5,370,464 [ 48,214 I 16,000 co m (0 V 10 N 1.1 e m A a ID 0 m a N m 10 r 137,700 °1 A• N r N m 0 V 10,710 186,836 5,618,363 OA m ('4 N N ro 10 m Year 1 Projected 2009 -20101 ONi r N N r 1.. Imo N N N 58,712 78.250 16,000 5,441,903 m r m A 4,434,566 1 o Ae r 1 135,000 e' 0 r I 392,276 10,500 179,468 5,409,158 1m0_ 0 V N A 101 & E E tl o N 00 N m am N N 5,161,923 40,359 . 16,000 1,425 A 0 m N m [ 7,614,576I - 4,223,090 01 N ' 1 145,160 m CO m r 1 365,778 9,981 176,053 5,236,640 m m 0) A 4' N [ (16,933) �,0 o Q 2007 -2008[ O A N N 4,997,916 82,183 " 13,894 12,353 5.106.346 O V r N A 4,117,071 m N N r ONO A , r 69,031 A m ce CO 10 9,902 158,420 4,982,534 m 001 1'1 N 1 123,813 [Beainnina Balance j Revenues: Sales Tax Revenue Interest On Investments LL a to J 10 y 0 E O LL Y 1-- Transfer From Workman's Comp. 1 Juvenile Drug Testing Sale of City Property /Miscellaneous Total Current Revenues Total Funds Available 0to d W Police Officer Costs Pawn Shop Detail (Public Safety Vehicles & Equipment IGraffitti Eradication Program Election Costs Juvenile Assessment Center r. Citizens Advisory Council Juvenile City Marshals Total Expenditures Ending Balance [Surplus /Deficit 10 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 09 -10 General Fund Part 1. STAFF PRESENTER(S): Name Title /Position Department 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 REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 14th and July 21st respectively. CGS Eddie Houlihan Assistant Budget Director Power Point Presentation X Exhibits 0 Fund is used to account for The C ra rcaC e: et Cie Budges rnodology FY 2010 Revenues N c O c3 CT .0 0 c 0 c The Revenues available were distributed A-) a) U i bA a) . = C 'O = CC = C U = :C G 9 E . 'O C ;. a+ U O C L C6 ▪ te a. C. L C.. s+ 0 y. O U ▪ C 4/ C u 7 0 • O O C t J L CC C •U CC ,) N C. R C = n ct R .0 C C. _ CA G) E U C U • O • 0 ▪ n L E C.. b0D y ,a L "a L O O tj U C. U C. bA su. t u C :+ U CC U C U 'a C . n © .O L U U bA y R •• a0+ s A-• + L .2 t,_, U n "0 U O U = CC t = C. cQ A ► ▪ 'a as budgets were finalized Major Revenues u m C " Z .n y q N V) o w Y A o .Y 1• EA 0 3 0 0 .c V 'O- 6 W N0 C 6 M o u A N 'E b X C E 9 itildoet frImnoricon for 4% increase in net values projected u F. et t © 07 0 5 00 00 00 'J9 Other Taxes Projected decrease in electric franchise revenue Franchise Fees MSWSSC'increase for commercial customers Solid Waste Chgs Pipeline License agreements of $450K Other Permits 7 7 7 W as 7 v Z O 15 If 'V c 0 r ,, o u v. i S v = CI o 5 •s F .5 u u 7 ••• o W 2 V 5 Y CI 5 u r e r Si o °u 7c u u G0 as o v .5 o ;u, 7 s u a y at . s 7 •. 01 et 5 u at N vu s 5 Z f a Municipal' Court Recreation Rev Administrative Chgs Decrease in Gen Fd charge for administrative support Decrease in interest rates Investments .j ■ .. I f. N M 0 00 IC Ir.. OD M N 00 I . CP. 00 r--- • M f u : ✓ • o ] S z`� a z o 00 00 • 't O — 00 N Interfund Chgs Net Increase cep Qs) t Cie Jar Ass 7 G Lae Cot sa suoiI a % of. Net. Value New Growth Total Net Values o 0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 0 \° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M N 0 O N Vr 0 .--i 'T ■D N 0 M O ,--, 0■ r r N 0 "r Vr 0 Ni N Ni N N .-- — — .-+ N N N M N S148,082,359 S 6,464,727,958 v� M r 00 C\ N N N M 00 00 00 N M 0 O VC M N Vr M O NI \D (rt. \D Vr, Vr N N O O O\ N rt Cr; -- N 7 N .D 00 M O N 00 O 00 00 ur 0 N N 0 N N O\ .-.I ur on M M M N ur M ce rt r N .--, ri N V) M V) R N N N_ �D p0pp O N .D R vD R V) V V) N N N N M r 0' 0 0 0 0 0 0 0 Cr' o 0 0 N M l-4 't M Vr, - M O O I en M N l� N it CN C■ .--i l� 00 C■ I-- M M M M fV g 00 00 '7 Vr 6,745,559,944 6,965,898,936 7,226,045,864 7,462,585,204 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 13,110,832,851 13,813,335,014 Vr N 00 CN O .-+ N M -t N OC CN CN CN CN CN O O O O O O 0 O CN CN CN CN C 0 0 0 0 0 0 0 0 O N N N N N N N N hl Ltal et s7s01 Led ZAO Lad C rr: 41 tti E slid Lia G r;' 4•. C PIM Debt Payment Rate General Fund Rate N C LT 11 C N 0 RR RR RR a}Y j XPI t- 111 Ks-8 0 'G 11 /,5'9 kc 0 O O O O O O O O O CO ■D eN N O N 2009 2010 Est 0 N 0 O N g Ln N N 2 O N S Fiscal Year L ✓y Fga o®a : spe✓ E yy Ems qz W TT�V V1 1 $7,000,000 O O O 0 0 O O O O O O O O O O O O O 0 0 0 0 0 0 O O O 0 0 0 (O l() V M N 64 64 64 CA eft CA U 0) 0 O Z S a 0) rn J c J T (0 03 0) LL c (0 Calendar Year 2008 Calendar Year 2007 Linear (Calendar Year 2007) Calendar Year 2009 Linear (Calendar Year 2008) General Fund Unreserved Fund Balance 00 co M M DO Lc- rn a N '4 trc N 0 Fund Balance ri m w N N to I Nf N N DI A N 534000000 $25.000.000 $20.0000.000 $15.000.000 $10.000.000 0 0 O 0 0 O O 0 0 O 0 O O 0 0 O 0 0 0 0 0 O 0 O O `O O O O o0 N 0 O o0 M ■O N ^� EA EA EA GA Salaries & Retirement Allocation Increases • r U 0 O 0 0 Total Increases Fund Budget Reductions/One-Time ime Revenues ■ CZ r • M 01 00 O O r 00 ▪ N O O M N t� 01 O O t� `O 01 r- v-i O `O M M N M `O O 00 t� M N N M t— M N N 64 64 64 64 64 64 64 tE T-1 E U E ' 01 ct cA _Ct �� N 0 • 0 cn .0 - 97, w j N U -a cip ti) O O a� �., O O -a • bA V Ell Ell 1 1 1 A 4 4 1' 1 )` N tn 01 64 Total Reductions Major Expenditures by Depart r U t I / I it i+ C i 41 C E O Zi N A 0. 41 0 i+ , ` 1' I A 0 4�l0 41 t. 41N C M N CI I C ' o .0 N IN ''0 r W O y n — C E 41 0 4w7 C E i+ Ill N O InPaE 0(:., 4)N Via v o> ave aw in T� 41 0 0 U 1- 0 C 0 Total General Government (Municipal Court *) Fire Department* Police Department* Health'' Department Park & Recreation Street Department* Solid Waste Services* Neighborhood Services Development Services Support Engineering Services Outside Agencies Other! Activities n 00 _, R _, .-r 0 N \D rt \D r O O N 00 v, O\ N ' O\ 00 .--1 N O� Ol N O\ 00 O N O 00 00 \ D �-+ N jr 00 M O\ N O\ N N N .- O \t 11) 00 .-1 ...� In VD •--■ ...� .--1 R M t - R N - 69 Net Increase *Discussed on June 16, 2009. m C5 • Eoo • o `m U coa ❑ ❑ 0 O N N N N O O O CO O CO O N CO CO co O N 0 L 0 c6 U co 1— r 0 U 0 n 10 (1) Cit Manager Group Salaries Budgeted - $103,224,282 rn ✓ LO w N (Y) 0) ere Cr) t N o C O 0 (1) -0 C U N N X O W LL 2 Solicl VVaste c O co N0 15 0 Et .2 Neighborhood Services N CO a 0 W w a� ▪ s n 3 E a`> Y a : U ._ 0 a CO m Lt • in N c°n w a CO ▪ N CO CO ( CO ( r r v (3) Juvenile Assessment Center U O a General overnment Expenditures by Function ❑ Personnel m r W m a 0 0 ❑ Allocations Ts -o C a c U W c to ■ F it .--1 L - to Q/ a) C.4 se L i O u — as a+ O a) u C M E ti. -7 r G o 0 i a) C 0 C �% in - a+ O C t R i• a) O A L R C 0 C.' G E s. O G .= O U 4- C rC u C r. o .= W Ca O. 00 cC O Da O fit a+ O L - C O A 4•• in a) .• U c •o c� so E GTo 0, •L C O (/] i R U w_• w O a+ r *' E 2 © ate+ O ++ L. C 9 C O C O a) 4- a) a+ • a) R E 7 o 4, E c c © C u o C O a) C -- O :he a+ u . A C 'r".,C\ E o o ■ 00 CO O C� N u O 4 W 69 `N 0 V V p O N- cam•) D (O in CO M M r Ee. c 0) c Ri O o O Allocations o O IH S924,858 decrease from 2009 Budget 9 FTE's will be frozen, 5 FTE's will be deleted from Municipal Court Municipal Court will be discussed on June 16, 2009 Personnel m c 0 Allocations r m 1 N 0) o D 1 o m N M N V 0 Lf) (O O (p • O Cf) N N- c0 M E9 C0 (0) N O M d) O M 0) 0 O c0 N Allocations O N c0 N- 4- E9 c0 N- 0 EFY M Full year funding for Low -Cost Spay Neuter Clinic. Added two employees from Nueces County to Environmental Health Services. Libraries Expenditures by Function ❑ Personnel m c ❑ Allocations 1 N 0) 0 D CO M O O tf) CO p CO O0) N O O tf) N ER M 0) M 0 CD 0 O tr.) (5 N N CD r N r Ea W a) c c �-. o t6 0 Q a 0 Allocations L• £• C cen O ;;+ ct .ter n � O O L a R C G) c U C - i .7 R to Q. u to H tcot co La) F�1 EI Boot: budget well below State and national Allocations increased by S97,104. xpenditures by Fume CIS • ®' Personnel at a 0 0 Allocations 0) 10 a R () 1-15 N O (0 O O M O N pp co O O a) D 0 O O 0 r ▪ co r r CO co- co- 15 o rn co o -Q Q N O co r 0 a0) 0 CO O M u, r O co- N te- 0) c c c -O L a 0 Allocations 18.68 FTE's will be frozen in'FY10 Allocations increased by $516,063 y S �_ •L c c O O 7 ti o c U C7 c Lo m v- c CO u u c y, 0 • C. c 4.4 ._ L G • L G 0.4 L. bA C C• _ bA i C C R O W ▪ a t L ▪ C L 0 R •M C a n n L L CL 0 • U ▪ U L U c O at r. U A C a ▪ i. C 0.4 s o 0 c.. A..• • an • R u c �' L Ca s L E o CC l' • 7 O • bA an i CL al: CL CI C L C a •C �° C R Ca u • CZ • R E • c _ To © C U L CI 4' : r — 0 at 0 R a C © •'c U Q t L, C a"+ •O n 0 4. 0 O a) E O L _ ar n O7 u C • C s• ue. �l L i+ • o O CiU., n •O •� C pr 69 1-7 A V U L Increase the time cycle between mowing of park property borhood Services Expenditures by Function 4--. a) 0) D O CO O O M N ER O L(7 CO- Cr) N N N M LID M C 0) 0 CU L Lie a) CL Allocations $2,125,052 $2,057,085 c o c o R M i6. R DD Z E M O N w - • t s 0" c u i. L L 7 „O U u 7 O "O ..r L 0 N 7, %'i O w y c `� — o "c u c so o t. w • O E a) R u L c az R © L cs Q.'O o CI? O ;. s It re L c CS 0 R : r s c .O C O O E s cu L 0 so s° act 6 s Q t° 'a tE u © c o ot a) c .-i cc" w (.A igineering Services Expenditures by Fun ❑ Personnel ❑ Allocations R t a 0 R U N d) V O V O CO N N N I� N- CO M 6) t LC) ER N N N _O O Ef3 CO r O M r O - r O O M Or Lf) Lf) ® c) c c c ... o a) 0 Q a 0 Allocations lf) CO N V CO CO U) ER CO O CD- CO EA To Q To O r- r Froze two Technical Specialist positions for FY 2010 Reduced allocations charges 7 Budget Calendar June 16 Budget Discussion General Fund, Part 2 0 ct ct -o 0 CID ,0 ct cif 0 0 N N N N U ct O U C:1-1 • U June 23 Budget Discussion Enterprise Funds cd U 0 a. .0 ct U t U N N 0 Q ct ^ci U ct Q t to > CO -cl O M 0 t t ti Public Hearing 1St Reading of Budget Ordinance 2nd Reading & Adoption I O0 N ^-- N - - - ti ti ti t2 oat cad Questions & Con