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Agenda Packet City Council - 07/21/2009
imiwor mem mum mow • • -,• 11:45 A.M. - Proclamation declaring Thursday, July 2 , 3009 as "Celebration of American Disabilities Act (ADA)--- Wear Red Days, AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 21, 2009 12 :00 P.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. (embers of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. 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 Listed desea dirig!rse a! Concilio y cree que su ingl s es /i itado, habra un int rprete ingl s -espar of en tadas las juntas de! Concitio 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 Father Peter Martinez, Chaplain, John Paul 11 High School 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 Term Kevin Kieschnick Council Members: Chris I. Adler City Manager Angel F. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Eli and , Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott E. MINUTES: 1. Approval of Regular Meeting of July 14, 2009. (Attachment # 1) Agenda Regular Council Meeting July 21, 2009 Page 2 CITY COUNCIL PRIORITY ITY ISSU (Refer to legend at the end of the agenda summary) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESEN- TATIONS 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 T of FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE NSE To THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL. DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, Agenda Regular Council Meeting July 21, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) discipline, or dismissal of Municipal Court Judges with possible discussion and action related thereto in open session. H. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) a. * Building Code Board of Appeals * Leadership Committee for Senior Services * Mechanical/Plumbing Advisory Board * Planning Commission 1 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. J. CONSENT SEA T 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. Al! items will be acted upon by one vote without being discussed separately unless requested by a Counnll 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 T MOTI NS RESOLUTIONS ORDINANCES AND ORDINANCES ANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all notions, resolutions and ordinances not removed for individual consideration.) 4. Motion approving the lease purchase of a 911 Emergency Call Center network upgrade from Positron Public Safety Systems, of Montreal, Quebec, Canada for a total amount of $413,868.10. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This upgrade will enhance the services provided by Agenda Regular it Meeting July 21, 2009 Page 5. 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) emergency call takers and dispatches. A portion (35%) of the funding is available in the operations budget of the Police Department with the balance (65%) to be financed through the City's lease purchase financing provider, pending the approval of the Police Department's FY 2010 Operating Budget. (Attachment#4) 4) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $136,500 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 ## 5) b. Ordinance appropriating $136,500 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 ## 5) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383778, in -kind services of $14,019, --and program income cash match of $18,698, for a total project cost of $81 0,949 and to execute all related documents. (Attachment # 6) b. Ordinance appropriating $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department. (Attachment # 6) 7. Ordinance appropriating $63,454.14 in developer contributions and $10,424.84 in interest earnings for a sum of $73,878.98 in the No. 4720 Community Enrichment Fund for park improvements. (Attachment # 7) Agenda Regular Council Meeting July 21, 2009 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Ordinance appropriating $1,300000 of the Unreserved Fund Balance in the General Fund No. 1020 for the transfer to the Development Services Fund No. 4670; changing the FY 2008- 2009 Operating Budget adopted by Ordinance No. 027776 by increasing expenditures in the General Fund No. 1020 and revenues in the Development Services Fund No. 4670 each by $1,309,099. (Attachment # 8) 9. Ordinance appropriating $2,010,220 from the Federal Aviation Administration Grant No. 3-48-0051-045-2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance /Storage Equipment Building, Phase 111, Perimeter service road, Phase 11; rehabilitate Terminal Building, Phase 1 and widen Taxiway B-4, Phase 1 at Corpus Christi International Airport. (Attachment # 9) 10. a. Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment ent of fees which wilt be adjusted on a percentage increment with the term expiring July 31, 2014. (Attachment # 10) b. Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Continental Airlines, Inc. for use of space at Corpus Christi International Airpo t in consideration of payment of fees which will be adjusted on a percentage increment with the term expiring July 31, 2014, subject to execution by an authorized airline representative. Attachment # 10) c. Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment with the term expiring July 31, 2014, subject to execution by an authorized airline representative. (Attachment # 10) Agenda Regular Council Meeting July 21, 2009 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $527,223, for design, bid, and construction phase services for Wooldridge Road from Rodd Field Road to Quebec Drive. (BOND ISSUE 2008) (Attachment ## 11) 12. Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory services contract with Professional Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to exceed $51,513.00 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. (Attachment # 12) 13. Motion authorizing the City Manager or his designee, to execute a construction contract with Cactus Utility 2, LLC of Corpus Christi, Texas, in the amount of $275,697 for the O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line for the Total Base Bid. (Attachment ## 13) 14. Motion authorizing the City Manager or his designee, to execute Change Order No. 4 to the construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $123,842.86 for a restated not to exceed total contract of $6,962,790.86 for the J. C. Elliott Landfill Final Cover System (Phases -6) and Landfill Gas Collection System. (Attachment # 14) 1. Motion authorizing the City Manager or his designee to execute a construction contract with Constar Construction of Victoria, Texas, in the amount of $127,128 for the Palmira Avenue Improvements -- Encantada Avenue to Pescadores Drive. (BOND ISSUE 2008) (Attachment # 15) 16. Motion authorizing the City Manager or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $76,589.23 for Roof Replacement at the Oso Wastewater Treatment Plant Administration Building. (Attachment # 16) Agenda Regular Council Meeting July 21, 2009 Page 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 construction contract with Garrett Construction Company of Ingleside, Texas, in the amount of $167,882.20 for the Padre Island Aesthetic Development Phase 1 for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) Attachment # 17) K. PUBLIC HEARINGS: : (NONE) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: ANCES: 18. 19. a. Motion setting September 8, 2009 as the date of the adoption of the ad valorem tax rate of $0.563846 per $100 valuation. (Attachment # 18) b. Motion setting a public hearing on the ad valorem tax rate for August 18, 2009 and a second public hearing for August 25, 2009, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 18) a. Presentation regarding Seawall Improvement Fund and potential use of proceeds. (Attachment # 19) b. Ordinance appropriating $88,409.00 of Unappropriated Fund Balance in the No. 1120 Seawall Improvement Fund for expenditures relating to the Assessment of Seawall Improvements; ; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $33,400.00. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a new five year agreement with SMG to manage the American Bank Center under new fees, terms and conditions, including but not limited to terms that 1 give SMG the duty to manage all Foodservices at the Facility, including alcoholic beverage services; (2) give the City right to terminate the Agreement after the third year; and that (3) acknowledge ledge that the City shall solicit proposals from other venue management firms sometime during the third year of the Agreement. (Attachment # 20) Agenda Regular Council Meeting July 21, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 21. Results of Police Resource Allocation Study Presented by Etico Solutions (Attachment # 21) 22. Funding of Wastewater Treatment Plant Expansions (Attachment # 22) 23. Update on the Adoption of the Unified Development Code (UDC) (Attachment # 23) N. CITY MANAGER'S COMMENTS: (NONE) 0. 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 • p.m., on July 16, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at mirw.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA RECJLAR aI~NIL I~EETINO CITY OF CORPUS HRITI, TExA CITY HALL -CaI~NCIL CHAMBERS X201 LEOPARD T. JULY~I,~OD~ 12:00 P.M. PUBL[C N~TlCE is hereby given pursuant to Texas open Meetings Act of the folloring addition to the agenda of the City Car~ncil to be considered at the shave meeting: J. O~NBENT AGENDA ~1.1.a. Motion authorizing the City Manager or his designee to execute Amendment No. ~ to the Contract far Professional services vwrith Caldstan Engineering, Inc. a CHUM Hill Cor~pany, afCorpus Christi, Texas in the amount of ~ 4 ~ ,~~ far a total restated fee of ~ Sfi,~~4 far Laguna Madre Inflor~ and Infiltration ~[ & I} sanitary Serer Manha~e and Gravity Collection Line ReplacementlRehabilitation. ~ ~. ~ .b. Motion authorizing the City Manager or his designee to execute a cor~tructian contract v~ith H & Contractors, Inc., of Corpus Christi, Texas in the amount of ~,4D~,g00 for Laguna Madre Inflov~r and Infiltration ~I 8~ I} Sanitary ever Manhole and Gravity Collection Line Replacemer~tlRehabil itation. P~TIN BTATEI~ENT~ This supplemental agenda eras posted an the City's official bulletin board at the front entrance to City Hall, ~ 2~1 Leopard street, at ~ `~ ~ a.m., July ~ 1, X009. Armando Chapa City Secretary City Council Goals 2009 -2011 • Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Ptan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 4 MINUTES CITY OF CORPUS CHl ISTI, TEXAS Regular Council Meeting July 14, 2009 - 12 :00 p.m. PRESENT Mayor Joe Adame Mayor Pro Term Kevin Kiech n ick Council Members: Chris I. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez ABSENT 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 Associate Pastor Dr. Samuel Gutierrez with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. 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 June 30, 2009 and July 7, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Isabel Palacios, 5929 Raven Hill, spoke in support of funding for the Sister City Program. Margaret Olivera Dechant, 7405 Lake Travis, asked the Council to continue the Sister City International Exchange Program. Brandi Williams, 2518 Scabbard, asked that the Council not cut the Sister City budget. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Colin Sykes, 309 Aberdeen Avenue, spoke in protest to the consideration of the Las Brisas Plant. David Diaz, 809 S. Port, spoke regarding a trash violation he received for tires that were dropped off on his property. Maria Gonzalez, 1813 Amazon, asked the Council not to consider projected amounts regarding GASB45 and requested a cost of living increase for City employees. Alex Nieto, 5302 Hitching Post, requested that the Council consider a salary increase for City employees. Susie Luna Saldana, 4710 Hakel, spoke regarding Las Brisas and a cost of living increase for City employees. Mary Ann Kelly, 4302 Schanen, requested that the Council consider having a time frame allotted for important issues on the agenda. * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 8). Mr. Bill Kopecky requested that Item 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 14, 2009 — Page 2. ORDINANCE NO. 028229 Ordinance amending Ordinance No. 028190 authorizing the transfer of $100,000 from the No. 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as the grant match for the FY 2007 Public Safety Inter perable Communi ati n (PSIC) Grant Project to be used for the enhancement of voice interoperability on the 800 Mhz radio system. The foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adler and Scott were absent. 3.a. MOTION NO. 2009 -188 Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $182,500 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling Agreement 201 The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adler and Scotty/ere absent. 3.b. MOTION NO. 2009 -189 Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $291,900 for the Cefe V l n uela Landfill Groundwater Monitoring and Sampling Agreement - 2010. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting ` {Aye "; Adler and Scott w r absent. 4 MOTION N .2009 -1 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $141520, for Resaca Lift Station Upgrade for preliminary design phase, design phase, preparation of construction documents, bid phase, construction phase services, and additional services, The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adler and Scott were absent. 6, J4QTION NO. 2009-192 Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid including allowance, and Additive Alternatives 1 — 2 with Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $2053,000 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adler and Scott w r absent. -2- Minutes — Regular Cunil Meeting July 14, 2009 -- Page 3 7. MOTION NO. 2009 -193 Motion authorizing the City Manager or his designee to renew the contract with Rabalais I&E Constructors of Corpus Christi, Texas, for the O.N. Stevens Water Treatment Plant On- Going Instrument Maintenance Program FY 2009 -2010, in the amount of $130,000, for an additional six -month period [by exercising the renewal option under the contract with Rabalais ICE Constructors appr v d by City Council n October 0, 2007 (Motion N. 2007 - 283)]. The contract will begin August 1, 2009 pending approval of the Water Department's FY 2010 Operating Budget. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; ; Adler and Scottwere absent. 8.a. ORDINANCE NO. 028230 Ordinance authorizing the City Manager, or his designee, to execute a Use Permit Agreement with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2009 through July 27, 2009 for the 2009 Bay Ball Bally Hoop. The foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adler and Scott were absent. 8.b. MOTION N . 2009 -194 Motion approving the application from Special Olympics, Inc. to temporarily close Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the 2009 Bay Bali Bally Hoop, beginning at 7 :00 a.m. on July 25, 2009 through 8 :00 p.m. on July 26, 2009. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adler and Scott w raabsent. Mayor Adame opened discussion on Item 5 regarding a change order for the Doddridge Street Improvements — Ocean Drive to South Staples Street. Bill Kopecky, 3609 Topeka, spoke regarding the number of change orders and the errors made by the design engineering firm. Mr. Kopecky commented that there was no mention of the City filing a claim with the engineer's carrier for errors and emissions. Director of Engineering Pete Anaya explained that staff did discuss the errors and emission with the legal department. Mr. Anaya added that if the mistake on the bid quantity had initially been corrected, the City would still have paid for the correct quantity as part of the original contract. In response to Council Member Chesney, Mr. Anaya stated that ail of the bids received included the same wrong information. Council Members Martinez asked questions regarding what could be done to avoid similar problems in the future. Mr. Anaya said that the consultant would provide more internal quality control. Ms. Martinez stated that the information provided by the City needs to be correct and accurate. Council Member Elizondo asked questions regarding the process by the City once the work is executed, Mr. Anaya said that the City will have an inspector on site and provide monthly pay estimates. Don Peoples, G ldsten Engineering, stated that this error would never happen again. City Secretary Cha pa polled the Council for their votes as follows: i 3 Minutes — Regular Council Meeting July 14, 2009 -- Page 4 5. MOTION NO. 2009-191 Motion authorizing the City Manager or his designee to execute Change Order No. 20 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $764,312.79 for a restated amount of $9,314,422.20 for the Doddridge Street Improvements — Ocean Drive to South Staples Street project construct proposed storm sewer to a deeper depth to avoid relocation of two (2) six-irich gas lines and an AEP concrete encased electric duct bank and to address an error in the bid unit- quantity of work items by the design consultant. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Ki s hni k, Mar , and Martinez, voting "Aye "; Leal voting "No "; Scott was absent. Mayor Adame announced that Item 9 was withdrawn by staff. 9. WITHDRAWN BY STAFF s s * * * * * * * * * * * * * Mayor Adame opened discussion on Item 10 regarding the first reading to adopt the FY2009- 2010 operating budget and ratifying the increase in property tax revenues from last year's operating budget. Assistant Director of Budget Eddie Houlihan provided a brief overview of the fund balances and the responses to previous discussions by Council for the General Fund; Development Services; the Water Fund; and Storm Water Fund. Assistant City Manager Oscar Martinez provided information on the potential budget additions of a Municipal Court Judge - $1 92,999, Youth Summer Programs - $121 ,000, Sister City - $1 8,000, Park Maintenance - $145000, Beach Operations for 1 full time equivalent - $20,500, Violet Pool - $22,000, Animal Control for 1. full time equivalents - $44,000, and AnimarControl operational expenses - $70,000; and funding options. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the increase in wastewater rates; the consideration to postpone capital improvement projects; adopting a policy for the sale of revenue bonds; the postponement of the separate storm water utility rate; the increase in fees for swimming programs; once aweek garbage pickup; and the increase in property taxes. Bill K pe ky, 3609 Topeka, asked the Council to consider funding the Charter Amendment Election. Juan Arai a, 5921 Shadow Wood, spoke regarding the increase in property tax revenues. The following topics pertaining to this item were discussed: the mock billing for storm water; reinstating the municipal court judge position; the savings for the incorporation of the environmental and juvenile assessment into one court; the reason for including Violet Pool and the animal control budget additions; the costs associated with the potential additional funding for park maintenance; the number of part time judges; the payment from Lyondell; the trend of sales tax decrease; the revenue generated by municipal court; whether there is potential revenue projected with the additional municipal court judge position; the request by staff for additional funding for animal —4— Minute — Regular Council Meeting July 1 ,2009 —Page control; status on establishing a program for donations to the City to support specific department; possum control, the estimate to ratify the increase in the property tax rate; the cost projected for the charter election and whether the projected amount took into consideration joining the County for their constitutional amendments election: the consideration of an interdepartmental transfer as a funding option; and the capital improvement projects associated with utility rate increases. Council Member Martinez asked for information on the costs associated with combining the charter amendment election with Nueces County's constitutional amendment election to be held in November. City Secretary Chapa stated that $180,000 budgeted in FY2009-2010 for the charter amendment election to be combined with Nueces County was based on the costs of the Joint Election held in November 2008, City Secretary Chapa asked if staff needed further direction from the Council regarding the potential amendments to the budget. Mr. Martinez responded that staff is clear on the direction the Council wants to go regarding the budget and will bring those amendments prior to the second reading. City Secretary Chapa polled the Council for their votes as follows: 10.a. FIRST READING ORDINANCE Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2009; to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye"; Leal voting "No"; Scott was absent. (Note: Mr. Chesney advised City Secretary Chapa that he would abstain on the discussion and vote on the portion of the budget pertaining to 4A funding for the marketing fund for SMG.) 10.b. FIRST READING ORDINANCE To ratify increase of $2,971 ,452 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2009-2010 Operating Budget. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye "; Leal voting {`No "; Scott was absent. * * GIs * * * * * * * * * * Mayor Adame opened discussion on Item 13 regarding an appeal by Ronald A. Voss, Sr. of the Building Standards Board's decision to require demolition on a property at 1502 Tarlton Street. Ms. Martinez made a motion to remove Item 13 from the table. The motion was seconded by Ms. Adler and passed. Arnold Gonzalez, Jr., representative for Ronald A. Voss Sr., stated that the applicant and staff have been working to resolve short term and long term resolutions to the issue, Mr. Gonzalez requested that the Council postpone this item for 30 days to allow both parties to finalize the discussions undertaken thus far. Council Member Chesney made a motion to postpone this item for 30 days. The motion was seconded by Mr. Elizondo. Council Member Marez asked questions regarding the reason forthe 30 day extension. Mr. Gonzalez stated that the 30 days would be to address the issues of the Building Standards Board to hopefully achieve a resolution. In response to Council Member Chesney, -5- Minutes — Regular Council Meeting July 14, 2009 - Page Assistant City Manager Margie Rose stated that staff concurred with the 30 day extension. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marren, and Martinez, voting "Aye "; Scott was absent. 13. POSTPONED F DAYS Mayor Adame opened discussion on Item 14 regarding the initiative proceedings and consideration fan ordinance pursuant to Article 1, Section 4, of the City Charter to rebuild Memorial Coliseum to its original condition, and replace the plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World WarIr. Council Member Chesney abstained from the discussion and vote on this item. Mayor Adame stated that the City Secretary Chapa provided this request pursuant to the City Charter to rebuild the Memorial Coliseum to its original condition and replace the plaque honoring World War II veterans. Mayor Adame added that the Council has 45 days to consider this request or reject the request. Mr. Adame said if the Council does not consider the request, the applicant has 90 days to gather the required number of signatures to force an election to this matter. Mayor Adame called for comments from the audience. Ray Madrigal stated that the citizens are interested in preserving the Memorial Coliseum; rebuilding it to its original condition; and replacing the plaque honoring the veterans of World War 11. Mr. Madrigal introduced World War 11 veteran Stevan Cavazos. Juan Arai a, 5921 Shadow Wood, spoke regarding the events that have taken place at the Coliseum and stated that if the City invested money in the Coliseum, it could be another potential revenue source for the City. The following topics pertaining to this item were discussed: the three options for the Council; the next available election date for consideration of this item; the timeframe to resolve the issue of the Memorial Coliseum; and the action to remove the plaque for preservation. No action was taken on this item. Mayor Adame opened discussion on Item 11 regarding the Compensation and Classification Plan for F 20 9 -2010. Director of Human Resources Cynthia Garcia provided a list of recommended amendments to the compensation and classification plan including changes to the standard classifications, pay grades, and ranges; clarifying the definition to address new pay plan for health district employees; Plan 1 and Plan 11 use of sick leave; prior service credits; and adding a new section for a catastrophic leave program Mayor Adame called for comments from the audience. Mike Staff, President of the Corpus Christi Police Officers Association, spoke regarding the 5% differential from the Police contract pay schedule; the status of the market study; and the salary structure for the next Chief of Police. The following topics pertaining to this item were discussed: recommendations or adjustments to the Police Chief and Deputy City Manager pay ranges to attract qualified individuals to those positions; the adjustment to police managerial and Pay Plan 400 executive pay plan to maintain a -6- Minute — Regular Council Meeting July 14, 2009 — Page 5% differential above employees whom they supervise; the results of the market study; the salary advertised for the Police Chief; the average salary level of police chiefs throughout the state; and including the Police and Fire Chief in Section 39 -203 under the executive pay plan. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39-303 to include pay adju tment for Commercial ercial Driver's License (CDL) on Pay Plan 100, update minimum wage in Pay Plan 200, adjust police management pay range in Pay Plan 300, add provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; modify work coordinator career ladder maximum pay ranges, change pay grades in Pay Plan 1000; revising Section 39-304, Classified Service defined to clarify pay plans exempt from classified service; revising Sections 39-337 and 39 -352 to clarify use of sick leave consistent with the Family and Medical Leave Act F ILA ; revising Section 39-362 to clarify that prior service of a temporary employee shall not be considered and recognition of prior service after completion of probationary period; adding Section 39-368 Catastrophic Leave Program; repealing all other ordinances, and rules, or parks of ordinances and rules, in conflict with this ordinance; providing for effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnic , Leal, Mare z, and Martinez, voting "Aye"; Scott was absent. Mayor Adame opened discussion on Item 12 regarding fee and rate increases and proposed fees and rates in support of the FY2009-2010 proposed budget. Assistant Director of Budget Eddie Houlihan provided a brief summary of the proposed rates including utility rate increases for water, gas, and wastewater; local exchange access line 9 -1 -1 service fee; juvenile case manager fee increase; solid waste fees; increase in water tap fees; and new rental fees and recreation fees. The following topics pertaining to this item were discussed: whether the solid waste charges are due to the once a week garbage collection; the increased rate for water; the amount of the utility rate increase to fund capital improvement projects; the timing and process for funding capital improvement projects; short term tax notes; and the reason for using commercial paper to fund capital improvement projects. Council Member Chesney requested a copy of the capital improvement projects and asked staff to consider changing the process for approving and funding these projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date; and providing for publication. The foregoing ordinance was passed and approved with the following vote: Adame, Adler, Minute — Regular Council Meeting July 1 , 2009 .- Page Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Ayes,; Scott was absent. 12.b. FRST READING ORDINANCE Amending Section 55-7, "Local Exchange Access Line 9-1-1 Service Fee,' of the Code of Ordinances, by increasing the service fees for residential, business, and business trunk Local exchange access lines; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 12.c. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase} and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 12.d. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 21, Article 1, Section 21-1 by revising the definition for "can Account'}; amending Article IV, Section 21-40(a) by revising Solid Waste resource recovery fees and enacting a residential cart collection fee; amending Article IV, Sections 21-47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye "; Leal voting "No "; Scott was absent. 12.e. E!BSi LEADING ORDINANCE Revising Section 55-70(9), Code of Ordinances, City of corpus Christi, to increase watertap fees, providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 12.f. RESOLUTION N No. Resolution authorizing adjustment of Parks, Recreation, Cultural, and Leisure Time Activities rental and recreational fees; adding new rental fees and recreational fees for Fiscal Year 2009-2010; providing for publication; and providing for an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting 'Aye"; Scott was absent. Minutes — Regular Council Meeting July 14, 2009 — Page Mayor Adame referred to Item 15 regarding an update on the Public Information Act (PIA) procedures. Assistant City Attorney Ronnie Bounds referred to a powerpoint presentation including the philosophy and mission; what is considered a request; the departments that are pr lard to date; the process once the request is received; the department response evaluation; information not protected from disclosure: information subject to attorney general ruling; important mandatory exceptions; and statistical information. The following topics pertaining to this item were discussed: the number of repeat requesters; the previous response process versus the current response time and the percentage of improvement; and the exclusion process. Mayor Adame referred to Item 16 regarding an update on the Wind Energy Ordinance Amendment. Interim Assistant City Manager of Development Services Johnny Perales introduced Senior City Planner Lisa Wargo who was available to respond to questions. Mr. Perales referred to a powerpoint presentation including the existing ordinance summary; the effect of the proposed amendments; maximum wind energy system heights; wind energy system use permitted "by right "; special use exception permit options; sound emissions data; interagency considerations /coordination; and the comparative summary between the existing and proposed ordinance. The following topics pertaining to this item were discussed: the average decibel readings outside in a residential area; decibel readings from an air conditioning unit; enforcing decibel readings; raising the maximum decibel level; exclusions for portable units; de-commissioning requirements; eliminating decibel restrictions in industrial zones; the fall radius; the purpose of the 110% horizontal clearance; the high pitch noises resulting from the hollow tower of the wind turbine; concerns from a resident at 1118 Graham Road regarding the wind turbines located on the adjourning property; timeline for the wind energy ordinance; notifying residents that deed restrictions could prohibit the use of wind turbines; and the total system height, Mayor Adame referred to Item 17 regarding an update on the status of the Comprehensive Restructuring of Developer Tru t Funds. Interim Assistant City Manager J hnny Perales referred to a powerpoint presentation including the trust fund balances as of June 30, 2009; the previous considerations; methodology for evaluating the proposed trust fund revenue structure; review of history of the water arterial, water distribution, wastewater trunk, and wastewater collector funds; wastewater fund inter -fund transfer; impact of transfers to wastewater collection line trust fund from the wastewater trunk line trust fund; solutions recommended to increase wastewater trust fund viability; revenue components of combined wastewater funds; existing apportionment of revenues for wastewater trust funds; proposed re- apportionment of revenues for wastewater trust funds; wastewater collection line trust fund activity before and after connection surcharge re- apportionment; wastewater trunk line trust fund before and after connection surcharge re- apportionment; proposed revenue enhancements for the wastewater trunk line trust fund; density factors and the affects to the wastewater trunk line; expansion of concept to water trust funds; water distribution line trust fund activity before and after connection surcharge re-apportionment; water arterial line trust fund activity before and after connection surcharge re- apportionment and the density factor applied; activity from August 28, 2008 workshop to current; and staff proposal to address re-development needs. The following topics pertaining to this item were discussed: tap fees; explanation of pro-rata fees; appraisal procedures for assessing property values; staffs proposal to establish two new trust funds in the platting ordinance; the proposal that in order to qualify as "re-development", the original platting of the project area would have had to occur prior to the creation of the existing trust funds and fee structure in 1983; when the item will be presented to the planning commission; and the -9- Minutes — Regular Council I ting July 14, 2009 -- Page 10 reimbursement of lift stations. The Council concurred to give staff direction to go back to the Planning Commission and request action on the trust funds. City Manager Escobar stated that staff will continue the process and bring an update to the Council in late August or early September. Mayor Adame referred to Item 18 regarding the zero based budget and change in fiscal year. The presentation team included Assistant City Manager Oscar Martinez, Assistant Budget Director Eddie Houlihan, Interim Director of Financial Services Constance Sanchez and Interim Assistant City Manager Cindy O'Brien. Mr. Martinez referred to a powerpoint presentation on the zero base budget including the definition of zero based budgeting; commitment by the organization; implementation components; pros and cons; questions to transition to a zero based budget approach; an example of a zero base budget approach; and staff's recommendation to finalize the transition plan no later than November 1, 2009. Ms. O'Brien referred to a powerpoint presentation on the fiscal year change including a background; the top twenty Texas cities fiscal year; the reason for considering September 30th; key dates that relate to the fiscal year; the timeline; reasons to change; the variables; options; and staff's recommendation. The following topics pertaining to this item were discussed: if staff is suggesting evaluating every department and setting a goal of service levels; assuming the current level of service; creating a zero based budget by next year's budget; the budget preparation process in the 1980's; starting with the current level of funding and then refining department by department; the number of departments; whether the zero base budget is achievable for next fiscal year; starting the zero base budget approach with the general fund; the new election date and the date the council is seated; when the fiscal year date would change; the shortage of revenues due to the fact that no ad valorem taxes will be received for August and September during the transition year; options to fund the shortage; if grants will be effective; the recommendation to prepare a 14-month budget for August l , 2010 to September 30, 2011; and increased costs for shifting the fiscal year. Mayor Adame directed staff to set up a workshop with the Budget Advisory Committee and the Council to develop a transition plan for a zero based budget and the change in fiscal year. City Secretary Chapa reported for clarification that the legislature has given the City the option to move the uniform election date to May or November. Mr. Chapa added that the decision will need to be made between now and December. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:20 p.m. on July 14, 2009. * * * * * * * * * * * ** 2 NO ATTACHMENT FOR THIS ITEM 3 a. BUILDING CODE BOARD of APPEALS — One (1) vacancy with term to 5-4-13 representing the following category: Building Industry. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council, COMPOSITION: Seven (7) members appointed by the City Council for four -year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four members. ORIGINAL MEMBERS TERMS APPTD. . AC` S Bill Ewing, Jr. (Building Industry) 5-04-12 8 -21 -07 Cliff Atnip (Not Conn wibidg. incl.), Chair 5-04-10 5 -17 -05 John R. Dykema, Jr. (Architect), Vice Chair 5-04-11 8-21-07 Ricardo Martinez (Engineer) 5-04-10 12-9-08 Mike Lippincott (Gen. Cont.) 5-04-11 - 21-07 John Kendall (Building Industry) 5-04-12 12-9-08 *****Don R. Boyd, Jr. (Building Industry) 5-04-09 5 -17 -05 (The Building Code Board of f Appeals is recommending the new appointment of Chris Hamilton (Building Industry). INDIVIDUALS EXPRESSING INTEREST Chris Hamilton Vice-President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC /Loan Review Committee. (Building Industry) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation John Tucker, Jr. Jesse Valle Owner, John Tucker Homes. Attended Corpus Christi State University and University o f Texas in Austin. Activities include: Second Vice- President — Corpus Christi Builders Association. Past President of Corpus Christi Builders Association and Previously Served on Mechanical/Plumbing Advisory Board. (Building Industry) (5-549) Production Manager, Chuck Anastos Associates Architects LLC. Attended Del Mar College. Activities include: Valley Building Officials Association. (Building Industry) (4-15O9)# b. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Four vacancies with terms to 2-1-10 and 2 -1 -11 representing the following categories: 1- Direct Service Agency, 1 — Senior Center Participant, 1- Senior Companion Program S.C. . Volunteer, and 1 — Community at Large. (Note: Staff is recommending that the Senior Companion Pro m (S.C.P.) Volunteer vacancy be postpoed Staff is reieirg the board composition and they plan to submit an amendment for Council consideration.) DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and plarming special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen 1 members representing the following categories: 2 - Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion Program S.C.P. volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially, eight members shall be appointed for a term of one-year and seven members shall be appointed to two -year terms. ORIGINAL 1S/EMBERS TERM APPTD. DATE ****Yaron Rabinowitz vit (Agency) 2 -01 -11 2 -24 -09 Michael Ramsey (Community) 2 -01 -11 2-24-09 Ruth Perez (Agency) 2-01-10 10-14-08 * *Marion Bali (Senior tr. ) 2-01-09 2-12-02 Milian A. Marti (Senior ctr. ) 2-01-10 -21-06 Vicki N. Garza R.S.V.P. 2-01-10 -26-08 Donna Marie Rodriguez R.S.V.P. 2-01-11 2-10-04 Hilarion Villanueva S.C.P. 2 -01 -10 -- 08 ***Linda Leach S.C.P. - 2-01-09 2-12-08 Dots G. Lewis, Jr. (Community) 2 -01 -11 4-08-08 Cecilia G. Hu rta (Community) 2-01-10 2-24-09 Sherri Darveaux (Community) 2-01-11 2-24-09 Theresa M. Swirenko (Agency) 2-01-11 10-14-08 ****Gu Williams (Community) 2-01-10 2-20-07 Ad lfa M. Martinez (Community) 2-01-10 2-24-09 grid: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Leadership Committee for Senior Services is recommending the new appointments ents of Marilyn : Upmanyn (Community at Large), Lindsey Edwards (Direct Service Agency) and Patricia Byrd (Senior Center Representative). INDIVIDUALS EXPRESSING INTEREST Patricia Byrd Thomas E. Dreyer Lindsey Edwards Ida Alvarado Hobbs William Paul Hunt Terence F. Klinger Retired, Director Navy Publications. Volunteer at Ethel Eyerly Senior Center. First Runner Up for M. Coastal Bend Seniors 0 . Senior Center Representative or Community) (646-09) 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. (Community) Community Relations, Physicians Health Choice. Received a BA in Business Marketing/Administration from Texas A&M University-Corpus Christi. Activities include: Working in with the Senior Community, Fund Raising for Public Education, HOPE, Corpus Christi Hispanic Chamber, and OSP Elite. (Direct Service Agency or Community) 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. (Community) unity 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. (Community) (6-4-09 Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Forrly served as Community Outreach Representative for Metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (Direct Service Agency or Community) 0 -3 -0 Esperanza "Hope" Lopez Maria Clarissa Lopez Bethany L. Rabinowitz Marilyn J. Upmanyn Arnold Villarreal, Sr. Retired, Boo keeper. Currently 2009-2011 Lindale Senior Center Site Council Vice - President. Volunteer at Linda le Senior Center. (Senior Center Representative or Community) Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College. BSN from University of Houston, and MAA from University of the Incarnate Word. (Direct Service Agency or Community) - 28-09) Formerly Health Services CoordinatorlManager, Cape Fear Valley Health Systems. Received Associate of Science in Occupational Therapy from Kettering College of helical Arts, Kettering, Ohio and Bachelor of Science in Exercise Science from Campbell University, Buies Creek, North Carolina. (Community) Retired, Physician. Received BS and MD Degree in College. Community) Retired, Managen(Community) (5-5-09) c. MECHANICAL /PLUMBING ADVISORY BOARD — Six vacancies with terms to 1 -2 -11 representing the following categories: 2- Air Conditioning, 1 — Irrigator, 1 — Master Plumber, 1- Commercial Builder, and 1- Not Connected with the Building Industry, DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 -- persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracti ng business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPT . DATE Elvin P. 'Bryan (Master Plumber) er ) 1-02-10 3-21-06 * obert Ross Pate (Not corn. bldg. ind.) 1-02-09 2-13-07 *****Bob Hughes (Air Conditioning), . 1-02-09 9-09-03 Sean M. Rodriguez (Mechanical Eng.) 1-02-10 -1 - *Everest Huerta (Commercial Builder) 1-02-09 1-18-05 *James Michael Dildy (Master Plumber) 1-02-09 1-18-05 James Homan (Master Plumber) 1-02-10 1-13-04 Mike wanner (Air Conditioning) 1-02-10 1-18-05 * Scott Corliss (Air Conditioning) 1-02-09 1-14-03 Robert Sells (Home Builder) 1-02-10 5-13-08 *****H. Ray Johnson, Jr. (Irrigator) 1-02-09 3-19-02 Lg_err *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Mechanical/Plumbing Advisory Board is recom m erg ding the reappointments of Robert Ross Pate (Not Connected with the Building Industry) and James Michael Dildy (Master Plumber). They are also recommending the new appointtnents of David Mathew (Air Conditioning), Julio Sanchez (Air Conditioning), Karim 1. Saiig edar (Irrigator), , Billy Largin (Commercial Builder). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. of MTGS. NAME THIS TERM Robert Pate (Not Conn.) James Dildy (Master Plumber) NO. PRESENT 4(2exc) b OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Aiken Jaime Garcia Alexander Hackley William Paul Hunt Billy Largin David Mathew % OF ATTENDANCE LAST TER YEAR 67% 1 00% Self - Employed, Air Conditioning Service and CK's Guide Service. Received Associates Degree from Del Mar College. (Air Conditioning) (3-3-09 President, Buffel Grass Seed Company, Inc. Received BS in Chemical Engineering from Texas A &1 University at Kingsville, Texas. Activities include: Presidnet of Country Creek Home Owners Association Units 4 and 5 and National Engineering Honor Society, (Irrigator) (6-25-09) Self Employed, Air Conditioning Equipment Sales. Activities include: American Society of Heating Refrigeration and Air Conditioning Engineers and Rotary Club of Southside Corpus Christi. (Ait Conditioning) 1649) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Forrrrly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Not Connected with the Building Industry) (6-4-09) Vice- President, Largin Construction. Attended College. Activities include: Baseball Coach. (Commercial Builder) (6-24-09) Self- Employed, Corpus Christi Air Conditioning. Received a BS and MS. Activities include: Boy Scouts and Coastal Bend CCA. (Air Conditioning) Karim I. Salighedar Julio S anche Irrigation Manager, Supervisor/Department Manager, Fox Tree and Landscaping Nursery. Received Bachelor of Science and Master of Science. Activities include: Texas Turf Irrigation Association, American Backflow Prevention Association and Coastal Bend Irrigation Association. (Irrigator) (4-28-09 Owner, Mr. Freeze A/C & Heating. Attended Texas State Technical College and Platt Career Schools. (Air Conditioning) - - 9 Maverick eric Volesky Supervisor, Oil Patch P trot em. Master Plumber. (Master Plumber) (6-12-09 Tony Williford Service Manager, Mike Wanner A/C. (Air C'o dit o i - - 9 d. PLANNING COMMISSION — Three vacancies with terms to 7- 31 -12. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS TERM APPTD. DATE Mark Adame -31 -11 7-08-08 *Rudy Garza, Chair 7-31-09 2-22-05 Johnny R. Martinez -31 -11 7-12-05 James S robarc yl , Sr. -31.11 7-12-05 A. Javier Huerta, Vice-Chair 7-31-10 7-26-05 *John C. Tame - 31-09 8-22-06 *von J, Kelly 7-31-09 -11-06 Govind B. Nadkarni 7 -31 -10 7-10-07 John S. Taylor -31 -10 2-24-09 (The Planning C'ojnmission is recommending ding the reappointnzents of Rudy Garza, John C. Tame z, and Evon J. Kelly). Legend l *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 Rudy Garza 22 21 96% John C. Tamez 22 22 100% Evon J. Kelly 22 21 96% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen President, Stewart Title. Activities include: Executive Women's International, Rotary Club, and CCAR. (5-13-09 James L. Boller Iv Vice President, Jim Boller & Asociates, Inc. Activities include: Corpus Christi Country Club. (4-24-09 Erica Graeber Bowen Human Resource Specialist, United States Coast .Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (2-12-09 Robert Cagle Gene Clancy David M. Coover, Jr. Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi and Serves on Marina Advisory Committee, but will resign if appointed to this board. (4-14-09) Design Resource Manager for Construction, Susser Holdings Corporation. Attended Houston Community College. Aetiviti s include: National Association of Convenient Stores, Petroleum Equipment Institute, Industry Council on the Environment, and Committee for Clean Texas in Austin- Texas Commission on Environmental Quality. Former Board of Adjustments --- Chair. (4-28-09) Self Employed, Attorney. Received BA from St. Mary's Universtiy and ID from South Texans College of Law. (4- (4- 16-09) Sue Corey Self - Employed, Registered Accessibility Specialitst. Bachelors Degree. Activities include: Texas Registered Accessibility Specialist Association and AHPJ Board Members. (743-09) Damon Crabtree Vice President, Capital Farm Credit, ACA. Received BS Agriculture Business from Sam Houston State University at Huntsville, Texas. Activities include: Nueces County Junior Livestock Show Agriculture Mechanics Committee. mittee. (743-09) Carl Crull Vice President, HDR Engineering, Inc. Received BS in Civil Engineering and MBA. Activities include: United Way Board. (6-15-09) Robert Andrew Franklin Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A&M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (7-- (7- 15-09) Roland Gaona John Garcia Mike Carey Pablo Arturo Garza Commercial Realtor, Self-Employed/The Clover Company. Attended College. Activities include: LULAC. (5-27-09) General Manager, Red Roof Inn & Suites. Attended Del Mar College. Activities include: Hospitality marketing Association, Harbor Lights Committee Member, and Corpus Christi Hispanic Chamber Member and Embajador. 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) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A864 University - Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- (4- 10-09) Timothy Goss Coretta Graham, Esq. Daniel M. Grimsbo Chris Hamilton Ida Alvarado Hobbs William Paul Hunt Registered Representative /Agent, New York Life. Former Special Agent with United States Array Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4-21-09 Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and L.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. Serves on the CCCIC/Loan Review Committee. (4-24-09) Utilities Energy Manager, Department of the Navy, NAVFAC SE. Received Bachelor in Civil Engineering from The Citadel at Charleston, South Carolina, Master in Business organizational Management from University of La Verne, at Point Mugu, California and Master of Urban Planning from University of Illinois. Activities include: Habitat for Ihmianity, Society of American Military Engineers, American Society of Civil Engineer, and American Planning Association. Recipient of Numerous Military Awards. (7-10-09 Vice - President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC/Loan Review Committee. (12-10-08) 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. (4-22-09) 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) William M. Kramer, Jr. Ed A. Lopez Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A&M University-Corpus Christi. (5-28-09) Chief n in Officer, Executive Vice President, Advisory Director, Texas Champion Bank. Received BBA-Finance from Texas A &I University, Kingsville, Texas and Graduate School of Banking from University of Wisconsin, Madison, Wisconsin. Activities include: Nueces County Tax Appraisal District Board Member. (4-16-09 John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1-21-09) Michelle Mazur-Armstrong . Received B.S. from Texas Tech University. Interested in Serving the Community. (3-3-09) 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) Mary A. "Linda" Moya Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (4-16-09) Joel S. Mumphord Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5-21-09 Keith Parker Rosa E. P11 Senior Mechanical Engineer, Bath Engineering/Noresco. oresco. Received BS in Mechanical Engineering. Activities include: AS RAE and AEE. Serves on the CCCIC /Loan Review Committee. (4-23-09) CEO/Executive Director, Corpus Christi Metro Ministries, Inc. Received B.A. in English and M.A. in Economics from St Mary's University, San Antonio, Texas. (2-9-09) John Powell President, SPowell.Com Real Estate. Received Degree in Business from Texas AM University- Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4-1-09 Samantha Sandate Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae-Kwon-Do and Challenge Academic Team. (5-29O9) Woodrow Mac Sanders Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward E . . Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4-24O9) Sean M. Thorson Steve Trubatisky John T. Tucker Waylon D. West 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) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2-11-09) Owner, John Tucker Homes. Attended Corpus Christi State University and University of Teas in Austin. Activities include: Member of Unified Development Codes, board of director for National Association of Home Builders, and Past President of Builders Association of Corpus Christi. (5-5-09) Senior Designer, Maverick Engineering. Received AA from Eastern Arizona College. Activities include: Bayfest Volunteer. (5-22-09) Larry L. White Marsha Williams Process Engineer, DuPont. Received BS and MS from Louisiana Tech and MS from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, and Water's Edge Pipe and Drum Band. (6-5-09) Realtor, Re Ma.x Metro Properties. Received B.A. in Business from Texas A & 1 University Kingsville. Active member of the Kiwar s Club and the Re Max Lifetime Hall of Fame, (4-17-09) 4 4 Requested Council Action: 7/21/09 Alternate Council Date: 7/28/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of a 911 Emergency Call Center network upgrade from Positron Public Safety Systems, of Montreal, Quebec, Canada for a total amount of $413,868.1O. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This upgrade will enhance the services provided by emergency call takers and dispatches. A portion (35%) of the funding is available in the operations budget of the Police Department with the balance (65%) to be financed through the City's lease purchase financing provider, pending the approval of the Police Department's FY 2010 Operating Budget. BACKGROUND: Purpose: The Police Department is replacing the existing Positron telephone system used in MetroCom to handle all 911 calls for service. The current system is 12 years old and numerous components have been discontinued by the manufacturer for at least two years. Basis of Award Funding: The workstations are an integrated Intelligent Workstation that provides call takers with on- screen control of both iandline and wireless calls. The workstations will provide MetroCom managers with advanced reporting and analysis, print call, incident and dispatch reports, plot call, incident and dispatch data on a map, detailed queries on call and incident and dispatch handling activities. This newly upgraded system will interface with the existing infrastructure such as 9 -1 -1 Circuits and the City's new Cisco Telephone system. The workstations will be purchased through the cooperative purchasing agreements with HGAC. GAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Police Department 911 -Call Delivery Wireless FY 8 -9 530200 -1 020 -11803 $146,000 The Police Department has indentified approximately $146,000 of savings in the 911 Call Delivery Wireless budget that is available for use for this upgrade. The remaining balance of $267,868.10 will be financed through the City's lease- purchase financing provider. Requested Council Action: 7/21/09 Alternate Council Date: 7/28/09 Lease Purchase The equipment will be funded through the City's lease- purchase financing agreement for a thirty -six month period. The estimated interest rate is 3. %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is 94,1 89.08. Total estimated cost over the thirty -six month period, including principal of $267,868.10 and interest of $14,699.14, is $282,567.24. Funds to support this lease purchase agreement have been requested for FY 2009/2010. Mic ae Barra Assistant Director of inaneial Services 826-3169 mikebOcctexas.com CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI-0186-09 BUYE : GABRIEL MALDONADO COUNCIL DATE: 7/21/09 ITEM 1. DESCRIPTION 11 Emergency Call Center system upgrade, including workstations, phone system, software, servers, installation, support, training and project management. POSITRON PUBLIC SAFETY SYSTEMS MONTREAL, EAL, UEBEC, CANADA Total Price $413,868.1 5 CITYCOUNC1L AGENDA MEMORANDUM City Council Action Date: 07/21/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $136,500 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. 8. Ordinance appropriating $1365OO 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). REQUIRED COUNCIL ACTION: Accepting the grant awards and appropriating the funds. CONCLUSION AND RECOMMENDATION: I # Staff recommends accepting the grant awards and appropriating the funds. M. J. Walsh Acting Chief of Police 886-2605 Attachments: Grant award documents BACKGROUND INFORMATION This grant award is for the time period 01/01/2008 — 12/31/2009. The grant award was sent to the City of Corpus Christi in March of 2008, but was never signed, accepted, or taken before city council. The grantor states there are no issues with the delay as we have participated for such a long term. 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 p 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 count y 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 orst ie identificationand 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 1 of 4 Grant Agreement 1. Recipient Name and Address Chief-PieteAlvar Bryan Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: I8PHNP517Z 5, Grant Period: From 01/01/08 to 12/31109 1A, Recipient IRS/Vendor No.: 1746000574A5 p 6. Date: 03/17/2008 7. Action P. Initial r Supplemental Subrecipient Name and Address 8. Supplement Number 2A. Subrecipient IRSlvendor No.: 9. Previous Award Amount: - - 3. Project Title Texas Coastal Corridor Initiative 10. Amount of This Award: $136,500.00 11. Total Award: $ 136,500.00 12. Special Conditions (check, if applicable) i The above Grant is approved subject to such conditions or limitations as are set forth on the attached 3 pages. 13. Statutory Authority for Grant: Public Law 110 -161 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Cheryl C. Nolan Acting Deputy Director State, .Local and Tribal Affairs 16. Signature of Approving ONDCP Official 15. Typed Name and Title of Authorized Official te'Mvart`ez; i'; kcn aGeitieP OF PO t.t Corpus Christi Police Department 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 BIN: 1746000574A5 19. HIDTA AWARD ORDINANCE APPROPRIATING $136,500 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 $136500 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 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 July, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: July 1, 2009 T. Tri a Dates g 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, l/we request that suspend said Charter rule and finally pass this ordinance on the date � p 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 C. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal -- - John E. Marez - - Nelda Martinez Mark Scott 6 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: P7/21L2QQ9 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in -find services of $14,019, and program income cash match of $18,698, for a total project cost of $81 O949 and to execute all related documents. B. Ordinance appropriating $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department; and declaring an emergency. ISSUE: The ATPA has awarded Year nine funding to the City of Corpus Christi and the grant must be accepted and funds appropriated. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 04/2612009. FUNDING: Year 9 of the grant requires at least a 20% match by the City. The match may be cash, in -kind, or program income. The Police General Fund will provide a cash match of $383,778 for sworn officers' salaries/benefits, in -kind contribution of $14,019 for office space /operating costs, and program income of $1 8,698 for travel and other operating costs. CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds. Attachments M. J. Walsh Acting Chief of Police Mikepcete:xas.com 886-2604 BACKGROLJND INFORMATION The City of Corpus Christi has received Year 9 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sate of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 55% from 1,515 to 685 in 2008. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paper ror . In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. Grant Number: Grantee Name: Project Title: Grant Period: Texas Automobile Burglary and Theft Prevention Authority Statement of Grant Award SA-T01 -10045-10 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2009 - 08/31/2010 ABTPA Award: Grantee Cash Match: Grantee In -Kind Match: Total Project Cost: $394,454 $402,476 $14,019 $810,949 The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above- referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Application and Administration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE r E UE T FOR FUNDS All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and that required action on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Application and Administration Guidelines for this specific program fund. AWARD DATE CHARLES CALDWELL Automobile Burglary and Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374-5101 ORDINANCE APPROPRIATING IATING $394,454 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUND TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 9; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, That $394,454 from the Texas Automobile Theft Prevention Authority (ATPA)is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department for Year 9. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on July 2009 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chaps, City.Secretanj Joe Adame, Mayor Approved as to form July 2, 2009 T. iha Rang Assistant City Attorney For City Att rn y 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 jn ce to be considered and voted upon at two regular meetings. s. Therefore, Uwe ordinance � req 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. Mare - Nelda Martinez Mark Scott . 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 21, 2009 AGENDA ITEM: Ordinance appropriating $ 63 454.4 in developer contributions and $ 10,424.84 in interest earnings for a sum of $ 78,878.98 in the No. 4720 Community Enrichment Fund for park improvements; and declaring an emergency. ISSUE: Periodic appropriation of interest and contributions y ordinance is required, usually at the end of each fiscal year. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: on February 24, 2009, council appropriated $208,16964 in developer contributions and interest earnings in the No. 4720 Community EEnrichment Fund for park improvements, changing ordinance which adopted the FY 2008-09 operating budget. FUNDING: The Platting Ordinance requires that land or money is edicatec for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers. These funds are deposited into the No. 4720 Community nity Enrichment Fund in separate accounts for each park. Funds are appropriated annually. CONCLUSION AND RECOMMENDATION: Staff recommends appraval of the ordinance. Sa y Gav Parks an Director Recreation Constance Sanchez, nterim Director Finance Department Attachment: Background Detail of interest and developer contributions BACKGROUND INFORMATION The Cornmunity Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Revenues deposited to this fund for park development are 1 fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. The Platting Ordinance provides that should the City accept the fee in lieu of land, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one-half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. Effective December 17, 2007, City Council approved Ordinance No. 027527 which established a Park Development Fee of $200 per dwelling unit. The fee may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan. 21300 21371 21357 21502 21507 21511 21300 21300 21336 21346 21431 21456 21617 21628 21629 21630 21324 21376 COMMUNITY ENRICHMENT FUND 4720 Account Description Park tr sttunrestrict interest Gateway Phase 2 interest HEB Park pool & tennis interes Beauti lion prom. interest Ed exchg prier City int Permanent art trust interest INTEREST Park trust- unrestrict donation Park Development Fee Cole Park donations Waldron Park donations Flour Bluff' Estates Manhattan Estates San Cristobal Terra mar Tanlewood Addition Brooklyn Subdivision Sunshine Subdivision Base Su 8, L3 - Donation Oak Terrace Unit 2 donations CONTRIBUTIONS TOTAL Un-Appropriated 9,444.04 79.28 16.24 83.24 5.78 796.26 10,424.84 16,577.74 15,860.57 263.00 718.00 4,251.78 10,710.00 250.00 3,013.05 3,510.00 4,500.00 3,600.00 200.00 63,454.14 TOTAL INT 1 CONTRB 73,878.98 Page 1 of 1 ORDINANCE APPROPRIATING IATI fG $63,454.14 IN DEVELOPER CONTRIBUTIONS AND $10,424.84 IN INTEREST EST EA II GS FOR A SUM OF $73,878.98 IN THE NO. 4720 COMMUNITY ENRICHMENT F ly FOR PARK IMPROVEMENTS; AND DECLARING I N AN EMERGENCY. Whereas, Section IV G of the City of Corpus Christi Platting Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one -half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, Section IV G of the Platting Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation reation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $63454.14 in developer contributions and $10,424.84 in interest earnings, total sum of $73878.98 is appropriated in the No. 4720 Community Enrichment Fund for park improvements described by Section IV G 6 and Section IV G 7 of the City of Corpus Christi Platting Ordinance. 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 (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of - - 2009. ATTEST: Armando Chapa City Secretary Approved: July 6, 2009 061/e;7 Lisa Agui Assistant ity Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame. Mayor Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Eli ondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott A 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/21/09 AGENDA. ITEM: APPROPRIATING $1,300,000 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR THE TRANSFER TO THE DEVELOPMENT SERVICES FUND NO. 4670; CHANGING THE FY 2008-2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1 020 AND REVENUES IN THE DEVELOPMENT SERVICES FUND NO. 4670 FUND EACH BY $1,300,000; AND DECLARING AN EMERGENCY. ISSUE: The Development Services Fund is expected to fall significantly short of budgeted revenues due to the economic slowdown. Expenditures were reduced but not by an amount sufficient to keep the fund in a positive financial position at year end. If no action is taken the Fund is expected to have a $1,100,000 negative Fund Balance at the end of FY 09. RECOMMENDED COUNCIL ACTION: Approval of Ordinance to increase appropriations is recommended to keep the Development Services Fund in a positive financial position. Eddie Houlihan Assistant Director of Management & Budget EddieHo@cctexas.com (361)8263792 BACKGROUND LNF RMVMATION Development Services FY Y 9 revenues are expected to be approximately $ 1,525,000 less than budgeted amounts. Expenditures are expected to be $342,000 less than the FY 09 Adopted Budget. Further reductions to expenditures were not made due to staffs desire to enhance development service's service delivery and the area had also been identified as a City Council goal. The Fund began FY 09 with a $561,432 Fund Balance. Due to this beginning Fund g g Balance the Fund was budgeted in Y 09 at $482,000 expenditures over revenues. Page 1 oft ORDINANCE APPROPRIATING $1,300,000 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR THE TRANSFER TO THE DEVELOPMENT SERVICES FUND NO. 4670; CHANGING THE FY 8- 2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 AND REVENUES IN THE DEVELOPMENT SERVICES FUND NO. 4670 FUND EACH BY $'1,300,000; AND DECLARING IN AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,300,000 of the Unreserved Fund Balance in the General Fund No. 1020 is appropriated for the transfer to the Development Services Fund No. 4670. SECTION 2. That the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase expenditures In the General Fund No. 1 020 and revenues in the Development Services fund No. 4670 each by $1,300,000. SECTION 3. That upon written request of the Mayor or five Council members, ers, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration n 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 Jury, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adam e, Mayor Approved: July 13, 2009 Lisa AguiIa # Assistant City Attorney for the City Attorney HALEG-DIR\Lisa\2009 Ordinance \General Fund Develeerleat Services transfer.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS S 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/ e, 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, 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 Eli ondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scotts H:\LEG-DIR\Lisa\2009 rdin nce reneral Fund eve ofiBezt Services transferidoc 9 AGENDA MEMORANDUM July 21, 2009 AGENDA ITEM: Ordinance Appropriating $2,010,220 from the Federal Aviation Administration Grant No. - 4 - 0051- 045 -2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance/Storage Equipment Building, Phase III, perimeter service road, Phase 11; rehabilitate Terminal Building, Phase 1 and widen Taxiway B-4, Phase! at Corpus Christi International Airport; and declaring an emergency ISSUE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. On April 28, 2009, the City Council passed Resolution 028134 authorizing the City Manager to submit and accept FAA grants due to the time- sensitive nature of the offers. The FAA has offered Grant 45 to the City of Corpus Christi to fund construction of the Maintenance/Storage Equipment Building, Phase HI and perimeter service road, Phase 11; rehabilitation of the Terminal Building, Phase 1 and widening of Taxiway B-4, Phase 1. Grant 45 coupled with earlier grants will provide total funding for the projects. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the Ordinance as presented. ADDITIONAL SUPPORT T MATEI IAL Exhibit A. Background Information Ordinance Fernando A.-Segundo Director of Aviation Fred@s_cipxas.orp 289.0171 ext. 1213 BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has received an offer for FAA Grant # 3-48-0051-45-2009 in the amount of $2,O1 0,220 for construction of the Maintenance /Storage Equipment Building, Phase 111 and perimeter service road, Phase 11; rehabilitation of the Terminal Building, Phase 1 and widening of Taxiway B-4, Phase 1. This grant will fund 95% of the project(s) cost with the Airport providing the 5% match. Appropriation of the grant proceeds is necessary to proceed with the project. PROJECT DESCRIPTIONS: IPTIONS: 1. Construct Maintenance Stora • e Buildin CCIA is currently housing AIP purchased equipment in an existing 25+ year old Aircraft Hangar that was initially built for aircraft maintenance and storage. This project will construct a storage building to house and protect AIP purchased equipment from the corrosive natural elements that exist in the local environment. 2. Construct Perimeter Service Road: Due to past cumulative land purchases to expand and increase Airport Property; Airport Public Safety/AR F Personnel /EMT Personnel do not have access to certain areas within the Airport property perimeter boundary. This project will extend the existing perimeter road to areas that are currently inaccessible. This includes the construction of approximately 21 ,000 linear feet 3.9 miles) of additional perimeter road (including associated drainage work) to provide access to these areas in case of emergencies and/or for perimeter boundary inspections and provide security in accordance with an FAA approved Title 49 CFI , Part 1542 plan. 3. Rehabilitate ilitate Ternir arl BuildinE The rehabilitation of the terminal building involves four areas of improvement. They are: • Design Of The FIS Rehabilitation. n. The current FIS facility can process approximately fifty passengers per hour (the capacity of a small regional jet). International traffic flown through the region utilizes aircraft in the one hundred fifty to two hundred seat rang. The reconfiguring of the FIS facility will allow increased passenger through put and efficiency to meet the needs to the current and future airport users. BACKGROUND INFORMATION 3. Rehabilitate Te r inal Building: (critd.) • Roof Replacement er en Over The West Terminal Section. The section of roof to be replaced is over the original terminal building occupied by the airline ticket and operations spaces. The section to be replaced has started to leak and wear due to age and it is no longer cost effective to patch and repair the leaking sections. This area was last replaced in 1994. • Terminal Chiller Installation. The terminal building currently has on two chillers to cool the facility. The facility was designed to accommodate a third unit. During the summer months the units are operating on a continuous basis. The project will install a third chiller that will increase the capacity to perform maintenance and provide redundancy should a chiller fail during the high usage months. • Toll Plaza Structural Improvements. The structural floor supports for the Toll Plaza are showing signs of failure and the floor and walls have cracked. The project will strengthen the piers that the structure rests on providing a solid foundation for the building. 4. Widen Taxiwa "B-4": Taxiway" -4" between Taxiway "F' and the West GA apron is sixty feet wide. The current standard for the airport taxiways is seventy five feet wide. This project will widen approximately two hundred feet of the taxiway and bring theta iway system up to standard BACKGROUND INFORMATION PREVIOUS COUNCIL ACTION: May 13, 2008 - Ordinance authorizing acceptance of FAA FY08 grants in an amount not to exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M," design airfield rescue and firefighting station modifications, complete drainage improvements Phase VI, rehabilitate the airport perimeter road, and design an Airport Improvement Program equipment housing facility and various hangar structures at the Corpus Christi International Airport Jar 081 2008 Ordinance Appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3-48-0051-40-2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase 11; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase 1: and Construct Maintenance Equipment Building, Phase 1 at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,234,346. Ordinance Appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-41-2008 in the No. 3020 Airport Capital Improvement Fund to Improve Airport Drainage, Area VI, Phase 11 at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,500,000. Ordinance Appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3-48-0051-42-2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase H at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,800,000. Ordinance transferring $600,100 from Airport Capital Reserve Fund 4611 and appropriating $600,1 0 into the Airport CIP Fund — Capital Reserve Fund 3020A to Rehabilitate Taxiway Systems, Phase 11; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase 1; Construct Maintenance Equipment Building, Phase 1 and to Improve Airport Drainage, Area VI, Phase 11 at Corpus Christi International Airport; the amending FY 2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $600,lOOcy December 09, 2008 Ordinance Appropriating $778,508 from Federal Aviation Administration Grant No. 3-48-0051-43-2008 in the No. 3020 Airport Capital Improvement Fund for construction of Maintenance Equipment Building, Phase 11 and to Rehabilitate Taxiway M, Phase f at thr4Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $778,503; and Declaring an Emergency February 24, 2009 Ordinance Appropriating $966,213 from the Federal Aviation Administration for Grant No. 3-48-0051-044-2009 in the No. 3020 Airport Capital Improvement Fund to Modify the Aircraft Rescue and Fire Fighting AF Station, Phase! at Corpus Christi istl International Airport; and declaring are emergency. April 28 no2 Resolution No. 028134 authorizing the City Manager or his designee to submit applications for and accept grants from the Federal Aviation Administration for projects at the Corpus Christi International Airport in order to meet time- sensitive deadlines and to execute all related documents. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS FOR AND ACCEPT GRANTS FROM THE FEDERAL AVIATION ADNINtSTRATION FOR PROJECTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN ORDER TO MEET TIME- SENSITIVE DEADLINES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authored to submit applications for and accept grants from the Federal Aviation Administration for projects at Corpus Christi International Airport in order to meet time-sensitive deadlines and to execute rl slated documents. ATTEST: Armando Chaps City Secretary APPROVED: April 16, 2009 El }:: R. Hun As IT- taint City Attorney for the City Attorney EHres29,doc CITY OF CORPUS CHRISTI H - my Gary Mayor 028].34 —76— Corpus Christi, Texas day of _., 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry )" Elizondo, Sr. Mike Hummel! Bill Kelly Prisdlla G. Leal John E. Marez Nelda Martinez Michael McCutchon tchon 028].34 AN ORDINANCE APPROPRIATING $2,010,220 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-045-2009 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO CONSTRUCT THE MAIL TENANCE STORA E EQUIPMENT BUILDING, PHASE 111, PERIMETER SERVICE ROAD, PHASE 11, REHABILITATE TERMINAL BUILDING, PHASE 1, AND WIDEN TAXIWAY B-4, PHASE 1, AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant No. 3-48-0051-045-2009, in the amount of $2,O1O,200, received from the Federal Aviation Administration is appropriated in the No. 3020 Airport Capital Improvement Fund to construct the maintenance /storage equipment building, Phase ID, and the perimeter service road, Phase 11, rehabilitate the terminal building, Phase!, and widen Taxiway B-4, Phase!, at Corpus Christi International Airport 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 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: July 13, 2009 41A Ofi:A Eliz Ath R. Hundley Ass tarit City Attorney for the City Attorney EHord20.doc -78- 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 El- lorclO.doo —79— 10 AGENDA MEMORANDUM July 21, 2009 SUBJECT: Execution of Airline Use & Lease Agreement AGENDA ITEM: A) Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014. B ) Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Continental Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014, subject to execution by an authorized airline representative. C) ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014, subject to execution by an authorized airline representative. ISSUES: We are currently operating on a one -year extension in the Airport Use & Lease Agreement which expires July 31, 2009. The Department of Aviation has had several meetings over the past twelve months with airline property representatives to negotiate the terms of the new lease agreement. Highlights of areas addressed in the new Lease: • Reduction of barriers to New entries of Airlines • Restructured Agreement based upon contemporary terms and conditions • Revised Rates & Charges: less complex and more efficiently structured, incremental rent over term of the Agreement • Elimination for Convenience Provision • Negotiated 5 year Agreement where industry norm is three or less • Incremental revenue goes to Department of Aviation for discretionary use REQUIRED COUNCIL ACTION: Council approval as requested. FUNDING: G: N/A RECOMMENDATION: On May 21, 200 9, the Airport Board recommended approval of this item. ftLFred Segundo Director of Aviation (reds • cctexas.com 361.289.0171 x1213 ADDITIONAL SUPPORT MATERIAL Exhibit --- Southwest Airlines Rates and Charges Exhibit B Continental Airlines Rates and Charges Exhibit C — American Airlines Rates and Charges BACKGROUND INFORMATION We are currently operating on a one -year extension in the Airport Use & Lease Agreement which expires July 31, 2009. The Department of Aviation has had several meetings over the past twelve months with Airline Property Representatives to negotiate the terms of the new lease agreement. The new lease term will expire July 31, 2014, and will provide for a method to establish rates and charges for the signatory and non - signatory airlines operating at the Airport. It also addresses maintenance, security, and other issues relative to the Airline Industry at the Airport. EXHIBIT A SOUTHWEST AIRLINES Rates and Charges Signatory Terminal Rent FY2009 -2010 TERMINAL RENTAL [ATE er oars foot Class 1 space -- ATO/Holdroom Class 2 space-Operations Area Class 3 space - -Cargo Facility Class 4 space-Fenced/Open Area Apron position (1) Joint Use Area: Shared 20% equally, % on enplanement % FY 201 - 2011 FY 2011 -2012 FY 2012 -2013 FY 2013 -2014 I1MINAL RENTAL RATES (per square food Class 1 space- ATO/Holdroom Class 2 space -- Operations Area Class 3 space-Cargo Facility Class 4 space-Fenced/Open Area Apron position (1) Joint Use Area: Shared 20% equally, % on enplanernent % TERMINAL RENTAL RATES (per square foot) Class 1 space- ATO/Holdroom Class 2 space -- Operations Area Class 3 space -Cargo Facility Class 4 space -- Fenced /Open Area Apron position (1) Joint Use Area: Shared 20% equally, 80% on enplanement % IERMINAL RENTAL 1TAL RATES (per square foot) Class 1 space- ATO/Holdroom Class 2 space - Operations Area Class 3 space-Cargo Facility Class 4 space - Fenced /Open Area Apron position (1) Joint Use Area: Shared 20% equally, 80% on enplanement % TRMINAL RENTAL RATES (per square foot) Class 1 space- ATO/Holdroom Class 2 space -- Operations Area Class 3 space - -Cargo Facility Class 4 space - Fenced /Open Area Apron position (1) Joint Use Area: Shared 20% equally, 80% on enplanement % Annual Square Rate Footage $ 50.00 5,131.30 45.00 427.5 $ 37.51 $ 12.50 $ 56,955 $ 596,221 6,002.53 $ 50.62 $ 45.57 37.98 $ 12.66 $ 57,667 $ 603,674 Projected Annual Charges $ 256,565 $ 19,238 $ $ 56,955 5,131.30 $ 259,746 427.5 19,481 y$ 57,667 6,002.53 $ 51.38 5,1 31.30 $ 46.25 427.5 38.55 12.85 $ 58,532 612,729 6,002.53 52.15 46.94 $ 39.12 $ 13.04 $ 59,410 $ 621,920 $ 52.94 $ 47.65 $ 39.71 13.24 $ 60,301 $ 631,249 263,646 19,772 58,532 5,131.30 $ 267,597 427.5 $ 20,067 $ 59,410 6,002.53 5,131.30 $ 271,651 427.5 $ 20,370 - $ 60,301 6,002.53 EXHIBIT B CONTINENTAL EXPRESS AIRLINES Rates and Charges Signatory Terminal Rent FY2009-2010 TERMINAL RENTAL RATES • er s uare foot Class 1 space — ATO/Holdroom Class 2 space -- Operations Area Class 3 space - -Cargo Facility Class 4 space—Fenced/Open Area Apron position (2) Joint Use Area: Shared 20% equally, 80% on enplanement % FY 2010 -2011 FY 2011 -2012 FY2012 -2013 FY 2013 -2014 TERMINAL RENTAL RATES er sqp ar , fo Class 1 space -- ATO/Holdroom Class 2 space - Operations Area Class 3 space - -Cargo Facility Class 4 space—Fenced/Open Area Apron position (2) Joint Use Area: Shared 20% equally, 86% on enplanement % TERMINAL RENTAL RATES (per square foot} Class 1 space— ATO/Holdroom Class 2 space—Operations Area Class 3 space —Cargo Facility Class 4 space—Fenced/Open Area Apron position (2) Joint Use Area: Shared 20% equally, 80% on enplanement % TERMINAL RENTALWEA,(119 r uar f „ Class 1 space— ATO/Holdroom Class 2 space—Operations Area Class 3 space - -Cargo Facility Class 4 space -- Fenced /Open Area Apron position (2) Joint Use Area: Shared 20% equally, 80% on enplanement % "MD MAL (per sar que foot) Class 1 space— ATO/Holdroom Class 2 space—Operations Area Class 3 space—Cargo Facility Class 4 space— Fenedlpen Area Apron position (2) Joint Use Area: Shared 20% equally, 80% on enplanement % Annual Square Rate Footage $ 50.00 4,003.93 $ 45,60 1,031.36 $ 37.51 $ 12.50 $ 56,955 $ 596,221 6,002.53 50.62 $ 45.57 $ 37.98 12.66 $ 57,667 603,674 51.38 $ 46.25 38.55 $ 12.85 58,532 $ 612,723 52.15 46.94 $ 39.12 $ 13.04 59,410 621,920 $ 52.94 $ 47.65 $ 39.71 $ 13.24 60,301 631,249 Projected Annual Charges $ 200,497 $ 49,111 $ - $ 113,910 4,009.93 $ 202,983 1,091.36 $ 49,733 $ - $ 115,334 6,002.53 4,009.93 206,030 1091.35 $ 50,475 $ - $ 117,064 6,002.53 4,009.93 $ 209,118 1,091.36 $ 51 ,228 $ - $ - $ 1 18,820 6,002.53 4,009.93 $ 212,285 1,091.36 $ 52,003 $ - $ 120,602 6,002.53 EXHIBIT C AMERICAN EAGLE AIRLINES Rates and Charges Projected Signatory Terminal Rent Annual Square Annual Rate Footage Charges FY2009-2010 TERMINAL RENTAL RATES •er s • uare foot Class 1 space — ATO/Holdroom 50.00 3)600.57 $ 180,029 Class 2 space- Operations Area 45.00 - Class 3 space—Cargo Facility 37.51 - Class 4 space- Fenced /Open Area $ 12.50 Apron position 1 $ 56,955 56,955 Joint Use Area: Shared 20% equally, 80% on $ 596,221 6,002.53 enplanement % FY 2010 -2011 FY 2011 -2012 FY2012 -2013 FY 2013 -2014 TERMINAL RENTAL RATESJper square foot) Class 1 space — ATO/Holdroom 50.62 3,600.57 $ 182,261 Class 2 space -- Operations Area 45.57 Class 3 space—Cargo Facility $ 37.98 Class 4 space—Fenced/Open Area $ 12.66 $ Apron position 1 57,667 $ 57,557 Joint Use Area: Shared 20% equally, 80% on $ 503,674 6,002.53 enplanement % TERMINAL RENTAL RATES (per square foot) Class 1 space -- ATO/Holdroom $ 51.38 3,600.57 184,997 Class 2 space — Operations Area $ 46.25 $ - Class 3 space -Cargo Facility $ 38.55 $ Class 4 space,- Fenced /Open Area $ 12.85 $ Apron position 1 58,532 $ 58,532 Joint Use Area: Shared 20% equally, 80% on $ 612,729 6,002.53 enplanement % TERMINAL RENTAL RATES er uare foot i r ir.r w Class 1 space -- ATO/Holdroom $ 52.15 3,600.57 187,770 Class 2 space - Operations Area 46.94 $ Class 3 space- -Cargo Facility 39.12 $ Class 4 space—Fenced/Open Area $ 13.04 $ Apron position 1 59,410 59,410 Joint Use Area: Shared 20% equally, 80% on 521,920 6002.53 enplanement % TERMINAL RENTAL RATES a r square foot} Class 1 space— ATO/Holdroom $ 52.94 3,600.57 190,614 Class 2 space—Operations Area $ 47.65 - Class 3 space--Cargo Facility $ 39.71 Class 4 space—Fenced/Open Area $ 13.24 Apron position (1) $ 60,301 $ 60,301 Joint Use Area: Shared 20% equally, 80% on 631 ,249 6002.53 enplanement % AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH SOUTHWEST AIRLINES COMPANY FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES WHICH WILL BE ADJUSTED ON A PERCENTAGE INCREMENT, WITH THE TERM EXPIRING JULY 31, 2014; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute an Airline Use and Lease Agreement with Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014. 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: July 15, 2009 Eliz,kf tin R. Hundley Assi ° ant City Attorney for the City Attorney EFlord261.doc -89- Joe Adame Mayor Corpus Christi, Texas day of . 200 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 Kiesch n icy Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord261.doe —90— AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH CONTINENTAL AIRLINES, INC., FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL IATIOI AL IRPORT IN CONSIDERATION OF PAYMENT OF FEES WHICH WILL BE ADJUSTED ON A PERCENTAGE INCREMENT, WITH THE TERN! EXPIRING JULY 31, 2014, SUBJECT TO EXECUTION Y AN AUTHORIZED AIRLINE REPRESENTATIVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED ED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTIO N 1. The City Manager, or his designee, is authorized to execute an Airline Use and Lease Agreement with Continental Airlines, Inc., for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014, subject to execution by an authorized airline representative. 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: July 15, 2009 Eliza Assis ant City Attorne for the City Attorney t--/L h R. Hundley EFlord262.doc —91— 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, Respecffully, ectl'ully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Al arne Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott El-lord262.doc —9 2- AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH AMERICAN EAGLE AIRLINES, INC., FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES WHICH WILL BE ADJUSTED ON A PERCENTAGE INCREMENT, WITH THE TERM EXPIRING JULY 31, 2014, SUBJECT TO EXECUTION BY AN AUTHORIZED AIRLINE REPRESENTATIVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1, The City Manager, or his designee, is authorized to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment, with the term expiring July 31, 2014, subject to execution by an authorized airline representative. SECTION 2. Upon the 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, a and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is p assed and takes effect upon first reading as an emergency ncy measure on this the day of tog. ATTEST: Armando Chapa City Secretary APPROVED: July 15, 2009 f, /7), , i L,-eiii 0, ,, Eliza e h R. Hundley Assistant City Attorney for the City Attorney EHord263.doc —93— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris I. Adler Brent Chesney Larry Efizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFlord263.doc —94-- 11 AGENDA MEMORANDUM PALEJu1y21, 2009 SUBJECT: Wooldridge Road from Rodd Field Road to Quebec (BOND ISSUE 2008) (Project Na. 6493) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering from Corpus Christi, Texas in the amount of $527,223, for design, bid, and construction phase services for Wooldridge Road from Rodd Field Road to Quebec BOND ISSUE 2008. !8S1S: This project was approved November 4, 2008 in the Bond Issue 2008 Package age under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FNPk.: Funding is available through a reimbursement resolution approved by the City Council on November 18, 2008. RECOMMENDATION: Staff recommends approval of the Motion as presented. - ter„.•. Foster- Crowell, Director of Wastewater Services 826-1801 fostercccctexas.corn •mot <- 7 t Pete Anaya, P. E., Director of Engineering Services 826 -3781 ,peten cc t L Va..e le Gray, . E., I 1 G-onza Dire for of StorTh WOter & Street operations Directqr of ovate S 826 -1875 or 826 -1872 826-1474 valerieg@cctexas.co ustacas.coin !o l Si. _port Material: Exhibit "A" Background Information Exhibit "8" Prior Project Actions Exhibit "C Contract Summary Exhibit "0" Location Map HAUSERSZHOMEWELMAPMEMSTREETIC403 WOOLO [D EUA ENDA 2 MEMO ■- 1 BACKGROUND INFORMATION SUBJECT: Wooldridge Road from Todd Field Road to Quebec (BOND ISSUE 2008) (Project No. 6493) PROJECT DESCRIPTION: The scope of this project includes the reconstruction ofa two- lane rural type roadway to a three -lane urban collector with curb and gutter, sidewalks, driveways, and drainage. As part of this project, public utilities (water and wastewater) will also be rehabilitated or replaced to meet the City's Utility Master Plans. CONTRACT DESCRIPTION: The consultant, LNV Engineering, will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction documents, and construction phase described further below: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES t Permitting 2. Right -of -Way (ROW) Acquisition Survey 3. Topographic Survey 4. Traffic Analysis /Coordination 5. Construction Observation Services 6. Warranty Phase 7. Public Meetings 8. Sanitary Sewer Investigation 9. Subsurface Utility Engineering (SUE) 10. Franchise Utility Coordination Work will not begin on Additional Services until requested by the NE, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". FUTURE E COUNCIL ACTION: Approval of construction contract to complete the project as required. H:IUSEF S IHOME111ELMAPI ENISTREET1 493 WOOLDRIDGEIAGENDA 3 8a , UND PRIOR PROJECT ACTIONS SUBJECT: Wooldridge Road from Rodd Field Road to Quebec (BOND ISSUE 2008) (Project No. 6493) PRIOR COUNCIL ACTION: 1. November 13 Zoo — 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. 02 7950) 3. December mber 1 , 20Q - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of 1 63,391 ,300. (Ordinance No. 028006) PRIOR MINISTRATI E ACTION: 1, Se.t tuber 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 local and 120 non- local). 3. October 203 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). HAUSERSMONIEVELMAPIGENISTREET‘6493 WOOLDRID E1A ENDA 4 P 1 nTION CONTRACT SUMMARY -11"- SUBJECT: Wooldridge Road from Rodd Field Road to Quebec (BOND ISSUE 2008) (Project No. 6493) 1. SCOPE OF PROJECT Wooldridge Road from Rodd Field Road to Quebec Pr 'eot No. 6493 - This project consists of the reconstruction of a two -lane rural type roadway to a three -lane urban collector with curb and gutter, sidewalks, driveways, and drainage. As part of this project, public utilities (water and wastewater) will also be rehabilitated or replaced to meet the City's Utility Master Plans. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE 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. PROJECT SCHEDULE —100— HAUSERS211-10MEWELMAKGENISTREET\6493 WOOLDRIDGEXAGENDA 5 CONTRACT SUMMARY PROPOSED PROJECT SCHEDULE DAY DATE 1CTI ITY Wednesda Jul 22, 2009 Be, in Prelimina Phase Monday Se stember Submit Draft Ens ineerin 9 Letter Resort l londa Se stember 28, 2009 Cit Review Monda October I • Submit Final Engineering Letter Report !i1;1iT;E:LI Cit Review Monda November Be.in esi. Phase Monda Janua 18, 2010 60% Submittal Manda Februa Cit Review IIJrida Pori15, Pre -Final Submittal Monda y pril 'l9, 2010 City Review --- 1I nday i a r 1, 2910 Final Submittal Mo d y 2 1a June , � 'i June 1 : �1 Advertise for Bids Pre -Bid Conference Tuesday 1l ednesda June 23, X 19 Receive Bids Tuesda Jul 20, 2010 Award by Council Weekda Se stember 2010 - - - ___ Bei in construction Weekda - 2011 Construction Com • letion —100— HAUSERS211-10MEWELMAKGENISTREET\6493 WOOLDRIDGEXAGENDA 5 CONTRACT SUMMARY 4. SUMMARY OF FEES 1 Street Storm Water Water Wastewater Total Basic Services Prelir it ar r Design Phase $31,708.20 1 9,909.80 $8,111.40 $14,010.60 $73,740 .00 V/ 1 n h 59,188.64 37,164.96 15,141. , 1 5 26,1. 12 3,170.82 1,990.98 811.14 1 ,401 .0 7,374.00 C nstru tin 11,626.34 7,30026 2,974.18 1 3 ! tom+ 66,366.00 27,038.00 245,800.00 I � r I dditiw/n l Services . Permitting ElI TXDT 4,800.00 .00 0.00 i i TCEQ - -- - -- 0.00 500.00 0.00 1 1 M 500.00 TDLR - — -- - - 5,200.00 0.00 0.00 1 ' 5,200 .00 Subtotal Permitting - 10,000.00 500.00 1 I o 10,500.00 32,200.00 0.00 0.00 0.00 2,200.00 I Topographic Survey 19,403.45 # J 3,880.69 3,880.69 35,279.00 rin Traffic Analysis/Coordination 10,000.00 0.00 OM 0.00 10,000.00 In Construction Observation -- - -- - - -- 63,063.00 12,612.60 12,612.60 114,660.00 El 8 eM MI Subtotal Total Warranty Phase _ Public Meetings 1 ,866.20 4,085.00 1,171.80 2,565.00 0.00 477.40 1,045.00 824.60 1,805.00 4,340.00 9,500.00 9,800.00 Sanita Sewer Investigation Subsurface it Investigation 0.00 0.00 15,048.00 9,800.00 15,048.00 0.00 15,048.00 45,144.00 10,000-.00 �f�] �f�j 281 ,423.00 Franchise Utility Coordination -- - 2,500.00 2,500.00 - - -- 2,500.00 2,500.00 Additional Services fj� y{l ` {� {/''''�� T , 1 # 1 rtV 56,270.77 35,563.69 46,470.89 Fee 1 $248,611.65 $122,636.77 $62,601.69 $93,172.89 $527,223,00 The estimated construction cost for Wooldridge Road from Rodd Field Road to Quebec is $2,891 ,700. The total basic services fee proposal for this project is $245,800. Therefore, the percentage of design cost to construction cost is 8.5%. —11— 1.,, ir.r- ,c -,,,A Kll -t \ /ri IA nr]kr.mkne. -roc rinAn'4 tih nru nDinnmA( -mane R. rro,s-rPa ''T RI IMMAPV M.ro'ect councilexhibits exh6493.dw. -711111r-W -111111, rx 2444 PROJECT LOCATION LOCATION MAP NOT TO SCALE -- goo IFItcy " PROJECT 6493 VICINITYMAP NOT TO SCALE EXHIBIT BOND ISSUE 2008 WOOLDRIDGE ROAD FROM RODD FIELD ROAD TO Q = EC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 07/02/2009 min mei mr Imo lielmegftwo . 12 AGENDA MEMORANDUM July 21, 2009 SUBJECT: Airfield Perimeter Road Improvements (Project No 10027) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering materials Inspection, testing and laboratory services contract with Professional Services Industries, Inc. (P51) of Corpus Christi, Texas in an amount not to exceed $51513.00 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. ISSUES: Council must authorize tine execution of the construction and engineering eering materials testing contracts to proceed with the project. FUNDING: Funding Is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the motion as presented. Fred Se gun - Director of Aviation 361-289-0171 xt. 1213 reds cotexa. ran A DmO AL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Contract Summary Exhi It C. Location Map Pete Anaa, P.E. Director of Enjineering Services 361 -B26 -3781 petean@cciexasicQua HAHOiI# # EV« SIDE Al restored1 0 41 rove en #ek10 'Permit r cad .ab onstailemo.doc Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Airfield Perimeter Road Improvements (Project No. 10027) PROJECT DESCRIPTION: The project provides for the construction of new Airfield Perimeter Road sections that will located inside the fenced air operations area. The perimeter roadway is deemed necessary for airport security and maintenance operations. The project completes the perimeter roadway around the "air side" of the Corpus Christi International Airport. The perimeter roadway sections that do not presently exist to be constructed under the contract are indicated on the site plan. See Exhibit D. The total roadway will consist of approximately 1 9,370 linear feet of 14-ft wide roadway consisting of an asphalt pavement section, 6 inches of flexible base material that is 2-ft wide with 6 inches of lime stabilized subgrade. The project will also include 19,370 feet of 3 -in. PVC conduits with pull wires, pull boxes, ground wire, and ground rods for a future security system. MATERIALS TESTING CONTRACT: The project requires the award a material testing and inspection contract to an engineering testing laboratory to ensure the materials being incorporated into the project meet specifications. The proposed contract is with PSI of Corpus Christi, Texas. PSI prepared the geotechnical investigation, geotechnical report and provided pavement design considerations for the design engineer. They are the most familiar local firm with this project and FAA testing procedures and requirements. FAA is familiar with the local PSI office and is comfortable with their utilization on FAA funded projects. FAA had requested the construction contract award be accelerated to assist them in meeting their fiscal year and grant award deadlines. The engineering materials inspection and laboratory testing proposal was not ready at the time the construction contract was awarded. A contract summary is attached. See Exhibit B. BOARD COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Approval of the motion as presented. FUTURE COUNCIL ACTION: Council will be requested to authorize any change orders as may be required. —10 6 — H:\HOMEIP EVIN I E IA1R restnrer1l2C)O4Imnrovementsl10027permiter oodlLab on trBkaExhA.doc Exhibit A Page 1 of 1 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: August 19 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements ($179,021.00), Airport Rescue and Firefighting Facility $170,044.00) and Airfield Equipment and Maintenance Facility ($25,000.00) (Motion 2008- Dece I r 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285700 (Ordinance No. 028006). June 23, 2 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid and Additive Alternatives 1 — 3 with Haas Anderson Construction Ltd., of Corpus Christi, Texas in an amount not to exceed $1 ,950,725.25 for the Corpus Christi International Airport Airfield Perimeter Road Improvements (Motion No. 2009- PRIOR ADMINISTRATIVE ACTIONS: August 2_90§ - Administrative award of a geote hni al contract to PSI of Corpus Christi, Texas in the amount of $6,392.00 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. Exhibit A -1 I f1 1.1 :k i [ KE I S\ E 1 I _r stored1 04Impro ement llOWityter oad\Lab on trPriar tionsE ch -1.doc CONTRACT SUMMARY SCHEDULE SERVICES AND FEES TERING 225 Hours Engineering Technician @ 38.00/hr. 00 ..... 004000000001600010001004601010,1400 ....................... 8,550,00 75 Vehicle Charge tit 50.00/per trip ..... ................ i #r.i# • * .•#•#►1010601#00 3,750.00 20 Moisture Density Relationships for embankments subgrade, lime stabilized subgrade and aggregate base fill 190.00/ea. 106010600001 0060400610000.1100001......1.61. 3,800.00 20 Atterberg Limit Charge @ 70.00/es .. $ 1,400.00 8 Wet Ball tests Co Y .7 17+ . lea. 1.1.0.10 f.0 }## fi1 #1161i0• .......... 0006...... $ 1,360.00 2 ie a Anal is.00 a. .... .... .. ..... . ............. I0600000 001000 ..... 1060/0000 ....... 001 /0000000000 1,300.00 55 Nuclear Density daily rate @ .60.00/day $ 3,300.00 1 Tria ial @ 400.00/ea $ 400. 19 Project Manager for Report Preparation & Review @ 79.00/hr,.. 10000010 $ 1,501.00 1 Project set up fee @ 80.00/Is. 066011.1. #........i.....,. L..� . 80.00 1 ub.T tal ....... * . 1010104.......#...16..1.. # #1. 25,441.00 II. CONCRETE TESTING 96 48 48 64 13 Hours Engineering Technician (concrete) @ 8.0O/hr. ... #11...0...000 #10,6.......... $ 3,648.00 Hours Engineering Technician (reinforcing steel) @ 8.0Olhr. ,.. $ 1,824.00 Vehicle Charge @ 50.00/per trip ..,1,...,....060000 #.,101 .............. #0# ## 1610 ..... ■..,r .............r..,tr....r 2,400.00 Concrete Compression Test Cylinders @ 20.00/ea. ... 1,280.00 Project Manager for Report Preparation & Review @ 79.00/hr . . -1,02, 7 Sub -Total .*..,...........,.....,.....0.1 $ 10,179.00 . A.SPH4 S . 176 Hours Engineering Technician © 38.00ihr . $ 6,688.00 22 Vehicle Charge @ 50.00/per trip. # ........0 0 0 0 ..., .. 0.0........... $ 1,100.00 10 Theoretical Specific Gravity (ASTM D2041 75.00/ea $ 750.00 10 Extraction- Gradation: Bituminous Mixtures A T 10 172 @ 165.00/ea $ 1,650.00 10 Sets of Molded Specimens 75.00 /set . 0000 $ 750.00 1 Stability and Flow (ASTM D6927-Marshall) @ 7 .00 /ea .............1,. $ 750.00 10 Density Cores @ 7.00ea $ 700.00 2 Coring Rig and Generator daily rate @ 1.50.00 /day... #....,.....6.......•.. $ 300.00 10 Nuclear ear Density Gauge daily rate @ 60.00 /day $ 600.00 7 Project Manager for Report Preparation & Review @ 79.00/hr......„. 553.00 �11 #..... ............. ........ #...■•i1 #1 ..............■......, #1.•1......•1........,.1 ♦.1 *11. $ 13,84 1.00 (NO PLANT INSPECTION INDICATED IN SPECWICATIONS) IV. MEETING I MISC. INSPECTION 18 Hours Project Manager @ 79.00/hir $ 1,422.00 6 Vehicle Charge @ 50.00/per grip ,., $ 300.00 3 Hours Professional Engineer @ 110.00/hr. ..0001 #1..... Sub - Total00.. 0000601.416# 011#1..a111111 0.•..•..16f ## $ 2,052.00 ESTIMATED PROJECT TOTAL , 06 *4011100 *.0 $ 51,513.00 - 1 8 - Exhibit Page 1 of 4 CONTRACT SUMMARY FIELD TESTING I[ SERVICES Engineering Technician (minimum of 3 hours) $ 8. hour a) Concrete Placement inspection (Casting Cylinders) b) Placement inspection (Density Testing) c) Asphalt Placement ent Inspection d) Soil Sample or Cylinder Pickup minimum 3 hours) Use of nuclear density device during quality control of fill or base placement (compaction test) . $ 60.00/day • SPECIAL FIELD TESTING SERVICES S nior Engineering Technician (minimum of 3 hours) •... $ 1. hour a) Drilled Pier Inspection b) Pre Pour Inspection c) Pre -cast Plant inspection d Portland Cement of Asphaltic Concrete Batch Plant Inspection e) Visual Weld, Bolt, and Nelson Stud Inspection f) Fireproofing Inspection g) Reinforcing Steel Inspection AWS Welding Inspections (min. 3 hours) 75.00/hour Nate: Rates for services such as Roofing Inspection, Pile or Plate Load Testing, Waterproofing Inspection, Windsor Probe Inspection, Structural Steel and Non Destructive Testing, Windstorm, and Forensic Investigations can be quoted upon. request. ALTERNATIVE — FULL TIME QUALITY CONTROL In order to achieve a more comprehensive quality control of your project, it may be to your advantage to have an Engineering Technician provide Full Time quality control of soil fill placement and/or concrete placement. In addition to the soils and concrete testing services described above, a Full Time Engineering Technician would be available to perform density tests as needed, closely monitor lift thickness, verify consistency of fill quality, monitor concrete placement, and other pertinent information at no additional charge: -109- Exhibit Page 2 of 4 CONTRACT ACT SU IMARY LABORATORY TESTING SERVICES Laboratory testing of soils,. concrete, asphalt, grout, and mortar samples, cylinders, beams, and cubes delivered to our laboratory in. accordance with applicable ASTM procedures and project specifications: Soils Atterberg Limits Determination $ 70.00 each Linear Shrinkage $ 40.00 each Moisture Density Relationship a) ASTM D-698 (standard) .. $ 1 90.00 each b) ASTM D #1557 modified $ 190.00 each G rain. Size Analysis a) Dry $ 65.00 each b) Washed $ 75.00 each Percent finer than No. 200 mesh sieve $ 45.00 each Hydrometer Analysis 110.00 each Los Angeles Abrasi n . $ 1'80.00 each Optimum Lime Content • $ 335.00/sample Permeability Test: a) Constant Head permeability $ 225.00 each b) Falling Head Permeability (ASTM l D -5084 ) $ 350.00 each Concrete Concrete mix design verification by calculation $ 100.00 each Aggregate analysis for concrete mix design ., 120.00 each Laboratory compression testing of concrete cylinders or cubes (includes reserves not tested) $ 20.00 each Laboratory compression testing of concrete cylinders made by client...., ... $ 33.00 each Flexural testing of concrete beams (made in conjunction with full time quality control — includes reserves not tested .. $ 37.00 each AsDhaJtacs.o Mix design (Hveem or Marshall, 4 points) $ 750.00 each Extraction and gradation $ 175.00 each Molding Specimens per set) ... $ 8 .00 /Set Stability per set) $ 85.00 /Set Density per set) $ 85. Set Asphaltic Core .,.. $ 85.00 each Theoretical Specific Gravity 85.00 each Thickness and Laboratory Determination of Core Density , 40.00 each Note: Preparation of samples /materials for laboratory testing, if required, will be charged at a rate of $73.00. The fee for obtaining material samples from the field for laboratory testing will be billed at the applicable personnel and transportation rates. Ex i bit B Page 3 of — 1 — CONTRACT S M Y ENGINEERING SERVICES Engineering services for site inspection, test evaluation, contract administration, supervision of • laboratory and field personnel, consultation, and report review. a. Senior Regional Engineer ,... 130.00/hour b. Professional Engineer.... 110.00/hour c. Staff Engineer • $ 97.00 /hour c. Project Manager . $ 9. /hour Exhibit B Page 4 of 4 —1 1 1 — File \Mproject\councilexhibits\exh10027b,dwg F10- 624 NUIVIS BAY CORPUS CHRISTI RAY LicGLOIN LOCATION MAP NOT TO SC4LE HWY 44 AGNES RD, CO D 0 LLJ — BEAR L N E MCGLON ROAD BASE BID SITES PERIMETER ROADS SITE PLAN PROJECT # 10027 NOT TO SCALE EfafiBrr °Cif g■II■mmenu■•■=1■Emiimilmimminommi■imimmeem=1111■11111■001110MMIMINEMIIMM■MilmilP AIRFIELD PERIMETER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ROAD IMPROVEMENTA PAGE: 1 of 1 DATE: 07-21-2009 WIMP I■1I i■11' oar 1■1 taioammon 13 AGENDA MEMORANDUM i i, +f i r : July 21, 2009 SUBJECT O. N. Stevens Water Treatment Plant Connection of Sedimentation n Basins 1 and 2 Drain Line to o" Drain Line Project No. 86021 CIP No. WA AGEWDAJIE!i1 Motion authorizing the City Manager, or his designee, to execute a construction contract with Cactus Utility 2,-1.1C of Corpus Christi, Texas, in the amount of $275697 for the O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line for the Total Base Bid. ILE; Drain lines for sedimentation tion basins 3 and 4 were connected to the new 60-inch drain line which outfalls into the Wash Water Recycle Basin. This project will connect the drain lines for sedimentation basins 1 and 2 to the existing 60 inch drain line. The connecting junction box will have slide gates which provide more operational flexibility by allowing the plant staff to divert the water either to the H.37 sludge lagoons or the Wash Water Recycle Basin. FUNDING: Funding Is available from the Water Capital Improvement Budget FY 2009. R C ITMENDATIOW-ST recommends pprov l of the motion as presented. Gustavo G . nz lez, R E., Director of VVater Services 826 -1874 se teXs.orn Aciclitipt* aqL.Ipp9r1 Alplarjpii Exhibit "A" Background information Exhibit "B Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map I- 1 MIS ER 2 IC A 111E .M1f''iCi E MONSW T PIS 602\C ONSTRUCT I0W AGENDA 11.M1 —115— Pete Anaya, 1.E., Director of n ineering Services 826-3781 p a tea r cteas. no m BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line Project No. 8602 1 CIP No. WA 03 PROJECT DESCRIPTION: The project consists of installation of approximately 190 linear feet of -inch reinforced concrete pipe (RCP) drain line, 20 linear feet of 60" RCP, exploratory excavation and two manholes connecting the existing 60-inch diameter Plant drain line with the 36-inch diameter Sedimentation Basins 1 and 2 drain line, in addition to coordination of the rerouting of an existing 12 -inch Plant water line, in accordance with the plans, specifications and contract documents. BID INFORMATION: n June 17, 2009, the City received proposals from eleven CI 1) bidders (see Exhibit "C'1 Tabulation of Bids). The bids range from $275,697 to $596,1 84.75. The estimated cost of construction is $580000. Cactus Utility 2, LLC of Cor s Christi, Texas w s the low bidd r consultant, LNV Engineering, has verified references of Cactus Utility 2, LLC; and all references have been complimentary. .. ! - . • 1- The City's consultant, LNV Engineering, and City staff recommend a contract be awarded to Cactus Utility 2, LLC in the amount of $275,697 for O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 150 calendar days, with completion anticipated in January 2010. —116— RIU8EF B I#Oi44E1 ELMAPI E \ ATEMON TPl8f 1 ON T UCTION13 AGENDA BACKGROUND PRIOR PROJECT ACTIONS SUB J CT: O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Crain Line Project No. 8602 CIP No. WA 03 PRIOR COUNCIL ACTIONS: 1. December 1 , 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163391,300. (Ordinance No. 028006) PRIOR I ADMINISTRATIVE E ACTIONS: 1. September 3, 2008 — Administrative approval of Small Agreement for Architect/Engineer Consultant Services with LNV Engineering of Corpus Christi, Texas in the amount of $49,000 for O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Grain Line. —11 7— HAUSERS2‘HOmEwELNiAPIGENMATERIONSWTM86021CONSTRUCTIONVI PRIOR PROJECT ACTIONS EXHIBIT "B" Page 1 of 1 0 0 0 0 0 0 Total Base Bid cri 0 z UJ Cn (.1 0 W Cn a. 0 w J� F 1 !1 c 5 o ii Z CO Y w 0 2 w 2 9 C. co Lu4i 4) O 0 0 cj 4 a III 'a CL •13 G 0. yy i• z LLJ 2 CI F- o 1- 0) co * 0 0 0 to Cei X00 g e- 0 I-7 I.I.EI '4 01 Io 1- Q. 0 0 O 0 0 co 0 0 0 0 0 0 0 0 (k! co 0 0 0 0 0 0) 0 66 0 0 0 0) c 0 0) 0 0 0 0 0 0 0, 0 0 0 0 6 0) 0, 0 a 0 co 0 0 8 0 0 0 0) 0 0 0 0 0 0 0 0 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c) 0 0 O 0 0 69 0 0 0 0 0 307 860.00 0 0 0 0 I0 0, 0 0 0 0 0 0; 0 0 0 0 0 69 0 0 0 0 0 0 0 0 0 0 66 0 0 0 0 0 0 0 0 0 0 0) 66 0 0 0 0, Corpus Christi, TX 78469 cV N ea 0 0 O E 4! 4, G z 0 Drain Line to 60" Drain Line PROJECT NO. 8602 uj 0 r4 DESCRIPTION 0 0 0 0 0 0 0 0 0 0 0 o✓ 0�y� 69 0 '0 0 0 �y / 6 6 0 L/ ' 0 Uf U / 0) 0 0 D 0, 0 0 0 0 0 *l- a) 64 8 6, 0 w W J 0_ J 0 LiJ u) w LU CC 0 W CO J u 0 Z WLU 73 2 b r- W W 0 J F- -J 2 0 W � 0 2 W W CC 2 2 J 2 0 0 OQ C) 0 wJ LL Z CC J < F- J C 0_ W a_ 0 0 0 0 co 6, 0 0 F 7 2 2 0 0! z a d 0 0 0 0 0 0 69 0 0 D 0 6, z a. 2 0 0 W ) m J 2 0 0 0 CC a- D CC LJ! J 0_ 0 0 (0 0, 6, 0�y W 6, a 2 W J a. 0_ 0 4 F-- -J 3 CO 0 I W kJ.l Ct CC LLC } 0 6 r 6, �0y 0 0 6, 0 0 0 0 0 0 6, 0 0 0 0 0 0 6, N PLACE PER tU J 2 O0 LLI 0 CI D J 0 0 op 66 V W 0, cJ 69 N PLACE PER LUMP 0 0 y W 66 0 0 co W 6, W 0 J Z z .73 til � I- [Li ) 022 D z CC ce z L1.t c W Fe -LJ -0- 0 57..+ 0, 0 0 69 0 0 0, 0 in 6, 11111113 J 11111 00 � 111 E 111 00000 MINE I a.) 11_11111111111 co ul 69 69 —11 275.697.00 TOTAL BASE BID (BID ITEMS 1 -15) BID SUMMARY 0 0 0 G0 0 co 1) 0 6, 0 0 4, 0, 69' SASE BID TOTAL EXHIBIT "C" P ric 1 nf *The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section 9-2-7 states, "The unit price shall govern over the amount.* - - - -. $ 5,660.00 $ 10,220.00 $ 40,700.00 $ 1,833.30 o (0 E 69 °o 0 8 CO 0 0 69 $ 800.00 $ 12,500.00 $ 35,400.00 305,428.40 0 3 0 0 N [ 0 3 a 0 0 0 4 - - L$ 1,833.30 7,5555.10 0 0 0 I ,r J 1 0 0 0 0 0 0 o J 0 o o in $ 17,700.00 ntracting Istria! Ave k, TIC 78380 h - -- TOTAL - - -- PRICE $ 10,000.00 18, 000.00 $ 60,800.00 9,200.00 $ 84,000,00 - 1 $ 33,960.00 2,920.00 $ 22,000.00 3,500.00 4,500,00 3,0.00 0 0 8 00 0 T $ 4,000.00 $ 12,000.00 0 0 0 6 ‘— ea ' ci q 0 co co �/� pii 1 20,00 $ 40.00 40.00 $ 3,500.00 I ' $ 4,500.00 0 0 �/y� c, $ 10,000.00 , $ 4,000.00 0 0 0 0 0 q � ti/ ''� ` I Corpus Christi, TX 78469 cV N ea 0 0 O E 4! 4, G z 0 Drain Line to 60" Drain Line PROJECT NO. 8602 uj 0 r4 DESCRIPTION 0 0 0 0 0 0 0 0 0 0 0 o✓ 0�y� 69 0 '0 0 0 �y / 6 6 0 L/ ' 0 Uf U / 0) 0 0 D 0, 0 0 0 0 0 *l- a) 64 8 6, 0 w W J 0_ J 0 LiJ u) w LU CC 0 W CO J u 0 Z WLU 73 2 b r- W W 0 J F- -J 2 0 W � 0 2 W W CC 2 2 J 2 0 0 OQ C) 0 wJ LL Z CC J < F- J C 0_ W a_ 0 0 0 0 co 6, 0 0 F 7 2 2 0 0! z a d 0 0 0 0 0 0 69 0 0 D 0 6, z a. 2 0 0 W ) m J 2 0 0 0 CC a- D CC LJ! J 0_ 0 0 (0 0, 6, 0�y W 6, a 2 W J a. 0_ 0 4 F-- -J 3 CO 0 I W kJ.l Ct CC LLC } 0 6 r 6, �0y 0 0 6, 0 0 0 0 0 0 6, 0 0 0 0 0 0 6, N PLACE PER tU J 2 O0 LLI 0 CI D J 0 0 op 66 V W 0, cJ 69 N PLACE PER LUMP 0 0 y W 66 0 0 co W 6, W 0 J Z z .73 til � I- [Li ) 022 D z CC ce z L1.t c W Fe -LJ -0- 0 57..+ 0, 0 0 69 0 0 0, 0 in 6, 11111113 J 11111 00 � 111 E 111 00000 MINE I a.) 11_11111111111 co ul 69 69 —11 275.697.00 TOTAL BASE BID (BID ITEMS 1 -15) BID SUMMARY 0 0 0 G0 0 co 1) 0 6, 0 0 4, 0, 69' SASE BID TOTAL EXHIBIT "C" P ric 1 nf *The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section 9-2-7 states, "The unit price shall govern over the amount.* TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 0 0 0 O C Total Base Bid CI w/ 7 LU rt Z LLJ 0 0) IE c Er) w 15 Q g uf o. rc u O � T O .. J 13 0 ea LL� 1 Corporation 10 IH 10E ►e, TX 78109 38,000.00 $ 13,000.00 r$-- 172,520.00 0 0 ,- # # $ 84.000.00 O c4 69 $ 20,732.00 ' $ 21.450.00 $ 2,000.00 3,000.00 4,000.00 0 O I O t 6�3 0 0 I E 3 I O 0 i 6, 0 0 69 0 co # 61. BID SUMMARY KBASE BID TOTAL $ 330,549.65 $ 338,265.00 - -- 404,610.00 1 J,688.00 0 0 0 I (`° i 0 0 0 0 O b 0 588.00 J o 0 O o 0 O I 0 , 0 cJ i I rn Cam*) a 0 0 o $ 3,000.00 F1,000.00 0 0 0 C - -_ 0 , 0 I 0 i 0 r 6' O 0 0 co $ 3,000.00 1 , -151es Inc loldston Rd iristi, TX 78409 7TL PRICE O 0 0 0 0 6 69 $ 25,500.00 95,000.00 $ 12,735.00 7,300.00 $ 20,625.00 $ 2,750.00 77$ 0 6 64 0 6 0 69 $ 1,150,00 $ 8,600.00 O 0 � R i O (0 01I it, II $ 75,000.00 O O T475.00 • o ,.- V# 47,500.00 I O o 0 Lc) O N- $ 4,500.00 O I '- 0 I 0 0 69 $ 1,150.00 0 (0 c 69 $ 2,500.00 II I � I eI Co of America Loop West , TIC 77054 - -- TOTAL PRICE $ 20,943.00 0 0 co t 3R a I we 06-089'0Z1. $ $ 35,480.00 $ 122,630.00 0 ID �+�y to CSI 69. 3,650.00 550.00 1,000.00 5,729.00 $ ,341.00 $ 10,000.00 CD 0 S /x J $ 4,242.06 C3 0 V 0 ,. ri CD r N LO CO i $ 1,774,00 61,315.00 69 V *" 6 CI $ 5,729.00 $ 2,341.00 6 $ 4,242.00 500.00 onstruction lox 1 028 0, TIC 78362 F -TOTAL FRI E 20,355.25 3,577.30 $ 53,865.00 r fic) $ 160,333.301 N ' 4,036.90 $ 16,995.00 $ 5,151.75 820.25 2,328.40 $ 10,000.00 $ 1,500.45 $ 11,735.95 O $ 20,355.25 $ 3,577.30 $ 283,50 . $ 883.15 (0, CO e" 6 co W (D • �c' U) aI Cr) fiI/ r.- ,, S� $ 820.25 $ 2,328.40 0 0 O �r $ 1,500.45 $ 11,735.95 $ 5,065.60 inflection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line PROJECT NO. 8602 DESCRIPTION SUM EXPLORATORY EXCAVATION, COMPLETE IN PLACE PER LUMP SUM 36" RCP (CLASS V), COMPLETE IN PLACE PER LINEAR FOOT 7 60" RCP (CLASS V), COMPLETE IN PLACE PER LINEAR FOOT 10' DIAMETER FIBERGLASS MANHOLE, COMPLETE IN PLACE PER EACH TRENCH SAFETY, COMPLETE IN PLACE PER LINEAR FOOT ROADWAY PAVEMENT REPAIR, COMPLETE IN PLACE PER SQUARE YARD REMOVE EXISTING BRICK AND GROUT PLUG, FROM MANHOLE, COMPLETE IN PLACE PER LU 36" PLUG, COMPLETE IN PLACE PER EACH UTILITY ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM SILT FENCE, COMPLETE IN PLACE PER LUMP SU TEMPORARY REROUTE OF 12" WATERLINE WITH 12" HDPE WATER LINE AND ASSOCIATED FITTINGS ABOVE GROUND, COMPLETE Ihi PLACE PER LUMP SUM - - TRENCH SAFETY FOR 10' DIAMETER MANHOLE, COMPLETE IN PLACE PER EACH 11 TOTAL BASE BID (BID ITEMS 1-151 Cf1 V f LL L I v ' �1. LL I — ,.. Lli I J C ,J I } rJ I , L,I r r I r r r i N I LL3 [ co i 2 i I - 1 1 9 - C D n a 9 of *The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2.1 states,' Tile unit price shall govern over the amount." Lir 1— cl? EE 1 L en a. Ca Z 4C Z M en al Ili LU 0 z w i- ce 0 0 0 0 Total Base Bid LL.I o2 cV L eF sn W w L11—t� z W 0) 0) 0 0 0 F ft To C s co ▪ 0 5.: LLI J a 1— LL J0 W 2 < w c 0 u � g 0 C G • � 0 A O • > CO 2 • o ILS to N J r 1i Vi r C sV 11t c 03 c .E O � `E co • 2 O c rtr 0 0 0 PROJECT NO. 8602 J LL! k 0. W Z i1 LL1 h O J W O ta LU cL DESCRIPTION 0 0 0 0 c\! 0 0 0 [0 cJ 0 0 0 tri0 0 co 4�9 0 0 0 0 0 (0 69 0 0 0 0 0 Cr] 49 0 0 0 0 79 , J, W ..J LU —J 2 0 0 co 0 O O O 0 0 0 0 O 8 0 0 0 0 0 0 fa 8 0 0 0 0 0 0 0 0 69 1- J 0 z 0 ilk, CC J • W W l�L0▪ -j_ 69 t 69 0 0 0 0 0 c0 CV CV 0 0 0 0 c'1 o 0 0 69 0 0 8 {9 0 0 0 c+ 0 0 69 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 fo9 0 0 0 0 69 J 2 0 a_ ix CE{ W z CD ..J 8111OO111 111111 III 121,168,00 4, 0 0 oc 0 0 0 0 0 0 0 0 0) 0 0 0 0 10 0) 0 0 0 0 0 69 0 0 0 0 10 1 s O 69 cD 0) 0 0 0 1C} ea 0 0 0 0 0 00 0 0 69 W W 0 ..J 2 W Ii J 0 L. I- L[. ' CO ce W W z H J e3 c0 0 4, 0 0 0 0) 0 0 0 0 0 0 0 10 CV 4, 0 0 0 i9 z F- LU 2 0 0 0) 1— c-2,0 W Z Cr ▪ W! `■�..r j a c*1 --J r � 49 69 0 0 I0 6, 0 0 N 49 0 0 0 Lei0 0 7 69 0 0 0 0 2 i- 2 0 0 w 2 W W 0 LU L1! 1 ct a_ 0 0 0 0 to CV 69 0 0 8 t*! 0 0 49 0 0 0 10 1" 0 0 0 0 0 0 E�9 0 0 0 0 0 0 2 1— 0. .,J 2 0 W (1) 0 2D' J c w W 0 CC W o- 0 0 10 49 0 0 co 49 O 0 0 117 0 0 0 0 '9 0 0 0 0 0 4, 0 0 0 0 0 0 0 CV CV 69. 0 0 0 10 [v 69 0 0 0 0 4, 0 0 0 0 69 0 0 0 0 0 C1 4, 0 0 0 0 ("4 49 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49 1 0,000.00 0 0 0 0 0 0 4, 0 0 6 0 0 0 4, cc 0. W 0 2 W W J 0 0 0 J D � J 0 0 '9 0 q 1 ea 0 0 0 0 cN# 49 o o 0 ID ("1 69 0 0 0 0 0 69 0 0 0 0 0 0 0 4 0) 0 0 0 [V 0; E+9 0 0 0 0 69 0 0 0 0 a9 0 0 0 0 0 6% 0 0 0 0 0 0 69 • W 1 J w • Z • W ELI ▪ f'^ r. Q J Uj Lu z -J ce Z W c ! W 0 0 tQ A 69 0 0 0 ci co 19 8 0 0 0 69 8 0 0 10 69 0 0 0 0 0 #93 0 0 0 0 0 4, 0 2 Q 2 CC { W W Cr ru 0- W W o I--r 11111111111 111111111111 � F3 0000000 C") CO (0 596.184.75 iR 1 10 cn 2 LLJ t- 1 01 0 H $ 575,600,00 0 0 0 co O 4 0 C 03 J -120- 0 2 IEXHIB1T "c' P n rit A _' rif '. PROJECT BUDGET O. N. STEVENS WATER TREATMENT ENT PLANT CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO o" DRAIN LINE E Project No. 8602 July 21, 2009 FUNDS AVAILABLE: Water CIF Year 1 (2008-2009) $485,000.0 Water r CIF Year 2 (2009-2010) 225,000.00 Total $710,000.00 FUNDS REQUIRED: Construction (Cactus Utility 2, LLC) $275,697.00 Contingencies (10%) Consultant (LNV Engineering) Reimbursements 1,500.00 Misc. (Printing, Advertising, etc.) 500.00 Total $354,267.00 over /(under) $355,733.00 —121— File ; Wproject\councilexhibits\exh8602.dvig O.N. Stevens Water Treatinent Flant Connectl�n of Sedimentation Basins 1 and 2 Drain Line to 60A Dram Lure CITY COUNCIL EXHIBIT DEPARTMENT OF SERV= WY OF COMA_CIRI$11, TEXAS PAGE l of 1 r-- DATE: 7/13/2009 14 AGENDA MEMORANDUM DATE: July 21, 2009 SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection (Project 5218) AGENDA ITEM: Niacin authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with Environmental Specialties international of Baton Rouge, Louisiana, in the amount of $'123,842.86 for a restated not to exceed total contract of $6,962798B6 for the J. C. Elliott Landfill Final Cover System (Phases 4-8) and Landfill Gas Collection System. ISSUE: The change order Is necessary to ensure the completed project cane certified to TCEQ as in compliance with landfill closure requirements. RECOMMENDATION: Approval of the motion as presented. "0414.--ii,.•Limsifiii., awrence Mikolajcz Director of Solid Waste Services 381- 828 -1972 lavfm@cctexas.com , Attachments: Exhibit - Additional Information Exhibit A-1 Prior Actions Exhibit B — Change Order Summary Exhibit C - Site Map Pete Anaya, P.E. Director of Engineering Services 361-826-3781 et n@cctexas. l H:l OMB I ENIA DFILL InaI o r200= Mere.d00 ADDITIONAL INFORMATION SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4-6 and Landfill Gas Collection (Project 5216) CHANGE ORDER DESCRIPTION: The change order addresses five modifications to the contract. The items are: • Earthwork or additional soil cover necessary due to settlement of wastes to ensure positive drainage required by TCEQ closure regulations; • Repair to the existing gas collection system to locate and repair a leak; • Surveying to locate utilities at the south toe trench to prevent conflict between the trench and utilities in the area; • Provide a temporary cattle fence while new fence was being constructed; and • Provide additional revetment block to prevent erosion at drainage chutes. PROJECT CT ESCF IPTIO : TCEQ regulations and the City's TCEQ Landfill Operating Permit require final closure to include the installation of a final cover system and a landfill gas management collection system. The contract provides for a base bid and one additive alternate bid. The base bid and additive alternate generally consist of: • Final cover for approximately 55 acres of consisting of Final Closure Phases 4-6; and • Installation of a landfill gas management system consisting of an active landfill gas management system (additive alternate #1). . The Base Bid consists of the construction of the final three phases of the final cover system (including site clearing and grading, excavation, backfill, geosynthetic clay liner, linear low density polyethylene geomembrane, brane, drainage geocomposite, protective soil cover, compacted clay liner, topsoil, erosion control by seeding, articulated concrete block revetment, turf reinforcement mat, and regrading of drainage ditches); construction of groundwater monitoring system modifications; and construction of vertical landfill gas vents. The Additive Alternate (#1) consists of the installation of an active landfill gas management system including connection of the vertical landfill gas extraction wells installed under the base bid, a horizontal landfill gas extraction well, landfill gas collection piping, condensate sumps, compressed air piping, and repairs to existing landfill gas collection piping and equipment. The additive alternate positions the City to participate in various landfill gas use programs which are eligible for renewable energy credits, carbon credits, clean renewable energy bond financing (0% interest rate), and federal production tax credits. These marketable instruments when combined with the revenue from the sale or use of gas for electrical production offer significant opportunity for additional revenue. The City —126— Exhibit "A" Page 1 of 2 would have the option of partnering or utilizing the landfill gas to power wastewater or other City facilities. The scope of the base bid and the alternate bid items includes all appurtenances and associated work in accordance with the plans, specifications, and contract documents. RECOMMENDATION: • Staff recommends the approval of the motion as presented. FUTURE E COUNCIL ACTION: Award change orders that may be required for the final cover system and expansion of the landfill gas collection system. FUNDING: Funding is available from Sanitary Landfill CIP Funds to proceed with the award. 127— Exhibit "A" Pale2of2 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: August 21, 2007 - Motion authorizing the City Manager, or his designee, to execute an engineering contract with HD R, Inc. (Shiner Moseley) in the amount of $4O46OO.00 for the J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System (M2007-211), December _16 2008 — a, ordinance Appropriating $392,847.81 from the Unappropriated Bond Proceeds and Interest Earnings from the Sanitary Landfill 2006 C1P Fund No. 3362 for the J. C. Elliott Landfill Final Cover System (Phases - And Landfill Gas Collection System Project; Changing the FY2007-2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations y $392847.81 ; and Declaring an Emergency (Ordinance No. 028005). , Motion waiving a bid irregularity, and authorizing the City Manager, or his designee, to execute a construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $6769,O18.19 for the Base Bid and Additive Alternate No. 1 for the J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System (M2008-338). c. Motion authorizing the City Manager, or his designee, to execute a contract engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount of $465,275.00 for construction of J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System (M2008 -339). PRIOR ADMINISTATIVE ACTIONS: March 2009 - Administrative approval of Change Order No. 1 provided for sub- header sump, pump, repair /replace 18-in T- header, isolation valves and check valves on sub - header and air lines in the amount of $24,892.80; A. ril 28, 2009 - Administrative approval of Change Order No. 2 provided for standby time for rig /geologist, installation of 2 -in and 3 -in compressed air and force main, and installation of personnel gate at water sample and vehicle access gate to monitor wells in the amount of $20,894.45; and May 12, 2009 - Administrative approval of Change Order 3 provided for the rehabilitation of 28 existing gas extraction wells replacing hoses and PVC with HOPE riser pipes in the amount of $24,150.00. Exhibit A -1 Page 1 of 1 —128— DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 21, 2009 PROJECT: J. C. Elliott Landfill — Final Cover Phase 4-6 and Landfill Gas Collection Project 5216 APPROVED: COUNCIL MOTION N 2688 -888 APPROVED 12/16/2008 CONTRACTOR: Envir n ental Specialties international 7943 Pe cue Lane #A Baton Rouge, Louisiana 70809 TOTAL CONTRACT AMOUNT $6,76901 8.19 25% Limit Amount 1,6927254.54 Change Order No. 1 (03/05/09) 24,892.80 Change Order No. 2 (04/28/096 20,864.45 Change Order No. 3 (05/12/09) 24,150.00 Change Order No. 4 (07/21/09) 123,842.86 Total $193,750.11 =O.029%<25% 0.029% < rExhibit B Pa9e 1 of Fie A pr je t un f# h;biis xh 21 6c.dwg CORPUS ce CHRISTI INTERNATIONAL AL AIRPORT SITE LOCATION MAP PROJECT # 5216 N°"O5C"` EXHIBIT "C" J.C. ELLIOTT LANDFILL -FINAL CITY COUNCIL EXHIBIT DEPARTMENT O�RENGINEE CHRISTI, SERVICES COVER PHASE 4 -6 AND LANDFILL PAGE: 1 of 1 GAS COLLECTIOlit1DATE. 7_21_0g 15 AGENDA MEMORANDUM Daitej. July 21, 2009 1JBJECTit Paimira Avenue Improvements -- Encantada Avenue to Pescadores Drive (BOND ISSUE 2008) Project No. 6509 Cif' No. Bond ST 30 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Constar Construction of Victoria, Texas, in the amount of $'#27,125 for the Palmira Avenue Improvements -- Encantada Avenue to Pescadores Drive. (BOND ISSUE 2008) j8!ME1 This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street lmprovements. It consists of the new construction of Palmira Avenue as a two-lane roadway with positing lanes on both sides within the existing right-of-way where no street pavement is currently present. The project also includes concrete sidewalks and driveways, various storm water improvemetits, replacement of two fire hydrants, and ADA- compliant curb ramps. These improvements will provide safe access to the church and elementary school on this street section. The contract has bid and Council approval is required for the construction to commence. FUNDING: Funding is available from the Streets, Storm Water, and Water Capital Improvement Budget FY 2009. ftQMIVNDATION: Staff recommends approval of the motion as presented. Nt ar: Y f 5 � F L f VaIel Gray, RE. Df edt r of Storm 82 075 al rcn cctextreTcbm i ter °& Street Services Gusta • Gonzalez, 1P.8. Direct • r of Water Services- 826i 81 gotgyp,AQ©pctpxps Additional Su ort Material: Exhibit "A" Exhibit "8" Exhibit "C" Exhibit 1`D" Exhibit "E" Background Information Prior Project Actions Bid Tabulation Project Budget Location Map lt H EIR 1elreI EM tr e1 008 -Patmi Avenual onWWII:1 003We Me mo.doo —133-- Pete Ana %a, RE. Director of ngi eerin Services 826-3781 petean@cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: Palmira Avenue Improvements — Encantada Avenue to Pescadores Drive (BOND ISSUE 2008) Project No. 6509 CIP No. Bond ST 30 PROJECT DESCRIPTION: This project consists of the construction of 547 LF of 18" reinforced concrete pipe (RCP), 1 manhole and 4 inlets, about 600 LF of street and associated concrete walks and driveways, replacement of two fire hydrants and other work required to complete the project, in accordance with the plans, specifications and contract documents. BID INFORMATION: On June 17, 2009, the City received proposals from 14 bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $127,12800 to $254,952.92. The estimated cost of construction is $198,410. The consultant, Bass & Welsh Engineering, checked the references of the apparent low bidder, Constar Construction, and they did not appear to have any work- related issues. Therefore, City staff and the consultant are recommending that the construction contract be awarded to Constar Construction in the amount of $127,128 for the Palmira Avenue Improvements Encantada to Pescadores. CONTRACT AC TERMS: The project is estimated to require 1 calendar days, with completion anticipated in December ember 2009, P J CT_BACKGRO 1 D: 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. 1H:11-1OM tarhe11e1 EN1 treetsI6509- 'almira Avenuel onstructiork Benda Bacig15.414oc —EXHIBIT "A" Pagel of 1__, PRIOR PROJECT ACTIONS SUBJECT: Palmira Avenue Improvements — Ennantada Avenue to Pescadores Drive (BOND ISSUE 2008) Project No. 6509 CIP No. Bond ST 30 PRIOR COUNCIL ACTION: 1. November 13,2058 — 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 ents Projects in an amount not to exceed $152645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, ms, Parks and Recreation Facilities, and Bayfront Development. ent. (Resolution No. 027950) 8. 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. Qpher14 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October2O12008—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). 4. May !4t_ 2009 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Bass & Welsh Engineering of Corpus Christi, Texas, in the amount of $35700 for the Palmira Avenue Improvements Encantada to Pescadores (No. 6509) for preliminary, design, bid and construction phase services. —135— •4LJi1 �C4GrtirwLtrrllraSYtCAIiL�i� ....�.. \�*CI'►A 1"Falrr.� A- _sue - -- ,. - --t-a= o 'e U 8 7. O C) uu IL a o w V_ W 1 IIY / u z O 592 1— CO 3 O. 0 V 0 V J Ili 0 I oI g a e NN N N 88 N 8 0 2 rt fi 8. 40 Vi 1 40 8 ' Csi o I 8 O 40 8 O 8 8 G 1 0 8 8 VI O W 40 40 MI 1E1E1 fit 1 I I t V z EERIE 8 8 4, 4, z 2 Q 0 iI R in 2 �I7 0.1 40 o W Z in D EE 2 0 m re J u. -J 7 Cr 1— 0 26 0 -136- 8 ci ro I LLI O. 4- 0 40 N 2 40 1- WI W re Ili �7 P: —1 -1 0 0. G c co 2. TxHIBITfl 00 Ti 0 S` r0 F o P 00 � O Oui P p w co w 5 or co W re ELJ z L z O re co a. Q 0 5 c N Q I. w I 5 03 0 1— —137— The areas wilh bold borders indicate an error in the extension which did not affect the low bid, The totals reflected here are the Unit Price times the Quantity. Section B-2-7 states. "The unit price shall govern over the amount." I P111411211" "r" 1 : to c 8 0 a e , al 8 as 8 o " 8 0 ' ' ! 8 I _ $4,477.001 8 o n 8 88 e3 I; °o I PI 8 I 8 8 8 8 8 A ax $28.424.50 °o . °a o ► ° r- ,- , 1 II a 4 iA 4 II o „ '4 0. a 1 ' _ �+! #I#. !iu1-iii Z.-3 rt ::::II:I!:!:!I;: 2 O 4i A I r p i :I::::::I!:!:: 4 8 1 # A S i oi P i:' ii in $ 10.10: 520,220_2015 3. $6,186.181 $ 24.00 $ 3,751 $937.50 $ 6,17 $1.542.50 5 8.00 is' , I V a 6 ? Yi 8 �i ill Ili R _v Waycolf Constr. 4920 Bair Lan Corpus Christi. TX 78408 UNIT TOTAL PRICE PRICE • ► 44.80 $24.505,60' 55.90 j $30,577.30 $ 1,455.00 - 51,455.00 2,583.10 $2,583,14 $ 0.95 1 3519.65. $ 1.30 5711.10 � a 8 G O e] ? fii Q e G n. { 7 V a F 8 G G # I O 8 .0 8 8 O ill O $10.080.00 - O . N il�i IA bopo . 8 8 69 $18,871,50 O N O O in €1 Mj O G 1 r 4 t0 . . in R eN 8 O G O G c #� �A BASE BID PART "D ": MISCELt.,ANEOUS ITEMS Q O 2} I -1 I I!9 I $1.500.00 54.350.00, C IP, si 3 ill o o' ICI � 1 1 a O r ["1 . i'1 O ID W. .� b0 rti �D rti 1�} ! {V Y► + C; i r Gp .0 in .n {Y Vi iA Vi # i G CT; tO 4! C 07 b4 ui N Q {q i9 $131,222,60 o eo Y3 Li) ED N ! In .- N 4 ad 2 IS g r4 , I Rw! 2 1 I EA 351.00 I $351.001 $ 1.00 1 1 I_ E .. $ _87.70 5350.80 ' $ 1.00 i - - - - - $27.809.401 o a .5 o r r r r ! j - I EA I $ 2,818.40 f V.818.40 2 i iI! c9 p .0 8 ui �[pV u. . ui { N EI!!!I!II'! 1 r E o " may #d e 1 11 {V II 1 1 $129,07'9.22 1 1 1 - I $ 504.90 , PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESADORES DRIVE (Project No 6509) ITEM _ DESCRIPTION QTY BASE BID PART "A ": STREET & SURFACE iTE UIS r` lig Q r CV Q r p g Q O SUBTOTAL PART "A": STREET S SURFACE ITEMS SUBTOTAL PART "B ": STORM WATER ITEMS SUBTOTAL PART "C": WATER ITEMS SUBTOTAL PART "D ": MISCELLANEOUS ITEMS TOTAL BID TRAFFIC CONTROL DURING CONSTRUCTION 'STORM WATER POLLUTION PREVENTION PLAN SUB -TOTAL FOR MISCELLANEOUS ITEMS - - I tt •- ;PRECAST CONCRETE MANHOLE TRENCH SAFETY FOR 18' RCP TRENCH SAFETY FOR MANHOLE I.TRENCH SAFETY FOR INLET SUB -TOTAL FOR STORM WATER ITEMS ID PART "C ": WATER ITEMS REMOVE EXISTING FIRE HYDRANTS PROPOSED FIRE HYDRANTS AND RELOCATED GATE VALVES 6' PVC PIPE SUB -TOTAL FOR WATER ITEMS 5' INLET 1 1/2" HMAC TYPED - 4' MC WALK 6 "R/C CURB &GUTTER 6" CRUSHED LIMESTONE BASE TO 1' BC STREET EXCAVATION TO 1' BC TYPE "A" R/C HEADER CURB AT BACK OF WALK 6" THICK RX DRIVEWAY GRASS SODDING CONCRETE CURB RANIPS SUB -TOTAL FOR STREET & SURFACE ITEMS ID PART "8": STORM WATER ITEMS m m 1 ao m 1 c3I m ¢Z Q —137— The areas wilh bold borders indicate an error in the extension which did not affect the low bid, The totals reflected here are the Unit Price times the Quantity. Section B-2-7 states. "The unit price shall govern over the amount." I P111411211" "r" 1 0 oil 0 L'a I O i W . w c cn Z 2- co Ct w u. 0 5 El re x D3 0 a It. 0 0 i- co a 6 2 O Bak a w t 4 4 4 I- td LW 6" a. W w o0. tw 3 2 a ai as S 8 z 8 1 26,394.02 o 3 ; a a r,' W. 0 S #M} 8 ra 8 8 2 8 1 i 111 111 1111 11E1111 III 1:11:11:111111111 11 21E1 1111111111 } 0 O 2 D } 6 0 2 O 0 0 CO rr tu 0 ▪ I 0 c• L• I a, c• c W' LfJ � JJ x c U. 01 I CS - I- I— • Cr o 1 i lil 2 0 82 18" RCP 83 _PRECAST CONCRETE MANHOLE 94 TRENCH SAFETY FOR 18" RCP 2 u. [11 m a) -138- 1 0) 2 w r SUB- TOTAL W cti tit PLU EL E0, EX1.11 1 1 PROJECT BUDGET PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DRIVE PROJECT NO. 6509 July 21, 2009 FUNDS AVAILABLE: Street CIP (Bond ST 30) $290,000,00 Utility CIP $303,000.00 $593,000,00 FUNDS REQUIRED: Construction (Constar Construction) $127128.00 Contingencies (10%) 12,713.00 Consultant (Bass & Welsh Engineering) 35,700.00 Testing 2,543.00 Construction Inspection 4,450.00 Reimbursements 9,535.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $194,569.00 _..._ _ FUNDS REMAINING: $398,431.00 79IBIT "D" Pae1 of 1 File : \#project councllexhibits exh6509.d g WHITECAP PROJECT LOCATION IV LOCATION MAP NOT TO SCALE PROJECT SITE N Q�' o e /))//7i--- VICINITY MAP NOT TO SCALE PROJECT II 8509 ctr) �o PALM/RA AVENUE IMPROVEMENTS- ENCANTADA TO PESCADORES -11.1L Exhibit E cIT Y COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT ENT F ENGINEERING SERVICES PAGE: i of DATE: 07-02-2009 - MIMI WIMP EMI MP' Mill it: AGENDA MEMORANDUM at Council Action Dam: July 21 201! . _ M Oso Wastewater Treatment Plant Administration Building Roof Replacement (Project No. 7448) IT AGELIDJAA Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, In the amount of $76,58923 for Roof Replacement rcement at the Oso Wastewater Treatment Plant Administration Building. ISSUE: The existing Administration Building roof was installed with the original building in 1 982. The roof Is beyond its design life and experiencing roof leaks in m ltlpie locations. The building and roof are exposed to the harsh environment associated with the treatment process at the plant, resulting in other exterior component deteriorations. k1121DINal Funds for this project are available from the FY 2009 Wastewater Fund. JCOMMENDATION Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 857-1801 ftrC , cctec.or &O Support Material: Exhibit "A" Background Information Exhibit 11 Location Map Pete Anaya, P. E. Director of Engineering Services 828-3781 petean . ctex .co BACKGROUND INFORMATION SEC': Oso Wastewater Treatment Plant Administration Building Roof Replacement (Project No. 7448) PROJECT DESCRIPTION: The project for the Oso Wastewater Treatment Plant Administration Building consists of a roof replacement and exterior renovations to the building located at 601 Nile. The following provides a more detail description of the work: • Removal and replacement of existing bitumen with new modified bitumen roof. • Removal and replacement of window siding and four (4) new roof mounted exhaust fans. • Removal and replacement of approximately 145 LF of gutter and downspouts. • Power wash 3,700 SF of the exterior of the building. • Replace damaged mortar joints and replace missing bricks around exterior of building. CONSTRUCTION SCHEDULE: The project will be completed as follows: 60 days from notice to proceed. aKGRQUND: The Oso VVVVTP administration building, which was built in approximately 1982, houses the plant records, critical lab equipment, MIS equipment, offices, lunch /conference room and restroom facilities. Also, the building serves as the primary location for staging ersonnel during emergency operations /hurricanes and must be secure and sound against wind and rainfall. The roof is beyond its design life and experiences lea n e in multiple le locations, resulting in potential water damage to other building components and critical equipment. METHOD of CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for fa ilities maintenance and construction- related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost- effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on ecifi projects as needed. This process is extremely flexible, allowing p p ro� scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: • Allows a better defined scope with cost for the customer. • Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. —144-- Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. —145— \Mproject\corcilexhibits\exh4392badw LOCATION MAP NOT TO SCALE .1.... ■ EXHIBIT '" cIrf COUNCIL EXHIBIT DSO WASTEWA TER TREATMENT PLANT A Ecpirt ow OFDNSGJorRfNC S ROOF REPMCEME PAGE: 1 of 1 1 DATE: 06/29/2009 - = . 17 AGENDA MEMORANDUM SUBJECT: Padre island Aesthetic Development Phase 1 (BOND ISSUE 2004) Project No. 6280 I CJP No. ST 18 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction Company of Ingleside, Texas, in the amount of $167,582.20 for the Padre Island Aesthetic Development Phase 1 for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) ISSUE: This Bond 2004 voter - approved project provides for the beautification improvement of the Padre Island area along Park Road 22 from the JFK Causeway to SH 361. This project is the first phase of improvements as a result of the Padre Island Aesthetic Development Master Planning. The original master plan included meetings with the Padre Island Home Owners Association and the Padre Island Business Owners Association for the proposed improvements. As funds become available, future phases will be designed and constructed. FUNDING: Funding is available from the Streets Capital improvement ent Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. f_ -‘10.--;\ .11 \It ttkc,_._,),- J{ L YaleieH.Gry, . Dime for of Storm Water & Street Operations 361/826-1875 or 36-1/826-1872 vaslerie P c ex om Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "0" Project Budget Exhibit «,f Location Map . ' e Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 0.1.ealas.com i(UC ME', is nI E ' c : 2e3. afro 'stand Aette tic Ccnstr :ct Agem a da: AGENDA ACKG OUl INFORMATION SUBJECT: Padre Island Aesthetic Development ent Phase 1 (BOND ISSUE 2004) Project No. 62801 CIP No. ST 18 PRQJECT DESCRIPTION: The project consists of aesthetic improvements on Padre Island along Park Road 22 from the JFK Causeway to SH 361. The project was bid as a total base bid and additive alternate as follows: Base Bid - consists of 690 linear feet of concrete curb and gutter, 38 cubic yards of concrete riprap, 8,262 square feet of concrete scoring and painting, a portable /changeable message sign and temporary traffic control measures, in accordance with the plans, specifications and contract documents. Additive Alternate No. 1 — consists of an additional 270 linear feet of concrete curb and gutter, an additional 33 cubic yards of concrete riprap, an additional 2,611 square feet of concrete scoring and painting, and 317 square yards of Bermuda grass sod and vegetative watering. BI INFORMATION: on June 10, 2009, the City received proposals from four bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $167,582.20 to $309,337.48. The estimated cost of construction is $1492OO for the base bid and $55,829 for Additive Alternate No. 1, for a total estimated construction cost of $205,029. One of the proposals contained arithmetic extension errors which did not affect the low bid. The low bidder, Garrett Construction Company, submitted the required bid information and has the experience and resources to complete this project. Therefore, City staff and the consultant, LNV Engineering, are recommending that the contract be awarded to Garrett Construction Company of Ingleside, Texas, in the amount of $167,582.20 for the Total Base Bid and Additive Alternate No. 1 for the Padre island Aesthetic Development Phase 1 (Park Road 22). CONTRACT TEEMS: The project is estimated to require 60 calendar days, with completion anticipated in September 2009. PROJECT BACKGROUND: The master plan for the Padre Island Aesthetic Development adopted by the City originally had three phases. Each phase was estimated at approximately $5O000O. Approximately $350,000 was to come from the Texas Department of Transportation (TXDOT) and $150,000 from the City for each phase. However, TXDOT experienced budget shortfalls and cancelled their participation in the project. Consequently, the scope of the project was changed to reflect the new budget and additional phases are planned as funding allows. H:1HOME RacheIIo1 EI treetsl6 80 -Padre Island Aesthetic Devi onstnuc€iornA a EOktekground.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Padre Island Aesthetic Development Phase 1 (BOND ISSUE 2004) Project No. 62801 CIP No. ST 18 PRIOR COUNCIL ACTION: 1. November 2 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November_ 9, 2004 -- ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (ordinance No. 026022) 3. Dace ber - 6. 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. A • ust 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local). 2. March 2 , 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4. Ma -2 , 2006 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $24,950 for the Padre Island Aesthetic Development Participation for master planning, surveying and meetings. 5. December 21 2007 — Administrative approval of Amendment No. 1 to the Small NE Agreement with -LNV Engineering in the amount of $10,000 for a total restated fee of $34,950 for the Padre Island Aesthetic Development Participation for additional public meetings as per the City's and Texas Department of Transportation's requirements. 6. June 12, -2009 - Administrative approval of Amendment No. 2 to the Small NE Agreement with LNV Engineering in the amount of $15,000 for a total restated fee of $49,950 for the Padre Island Aesthetic Development Participation for design phase, bid phase and construction phase services. -151— Island Aesthetic Oev onstruction1Prior Project Actiorxs.doc 8 O') Total Base Bid cz w "� Lu ELI F- C 54 0 iLJ 1-k 1- ce 1 en 0. co 0 LL 0 0 I— 0 co 0 z LU IL 0 1— • z 0 I IX C.. G! W a 0 UJ ro 0 of co c c a z 0 w 0. c L9 0 1— 0 0 N C) Tr L# I , o o w re cq r 'y r N ioN i co rgi 411 in '- la to r e- ILLI ' , !. O. a_ z III Z 1g uJ ,0 0 07 0 w � z 1 CO 3 C �O FT. p- i 0 w '7 z 1w�o ❑� 0 w w w z ujiX 11 °� 12 a a. ri3 C. 0 Z c i g.. u101 11 } z F! z 61'1=C2 0 0 0 Q.. o 1 co ) LU CC z i w 111 I ,0- w Ili 1 w 0. I E 0 a. 0- z IE cc- w 1 F-i7 6 i ,w 0. UJ a i_� 0 0 2 0 iw�C O1, w CK L1! LLI 0C :w ; w 0_ m WeL LLL� Ww`w /"� C A CC ' ce 0 z ee < -1 5 L 0 ww -1 2— c 0 E 1* 5 tri 0. E } 0 0I Pr co 0 0 i /y/y cp cp .0 L 4 ro 5 i'- EXHIBIT` PROJECT BUDGET PADRE I E ISLAN AESTHETIC HETIC DE E PLY PHASE 1 PROJECT NO. 6280 July 14, 2009 FUNDS AVAILABLE: Street CIP 2004 CIP Funds $1500000O Street CIP 2969 CIP Fu nds I me est Appropriation) $91L81767 $241,817.67 FUNDS REQUIRED: Construction (Garrett Construction Company). $167,58220 Contingencies 1 0% 16,758.00 Consultant (L NV Engineering) 49,950.00 Reimbursements 5,027.47 Misc. (Printing, Advertising, etc.) - 2,500,00 Total $241,817.67 over/ (under) $0'Oo EXHIBIT "D" Page 1 of 1 Re : project councilexhibits exh 2SO dwg VICINITY MAP PROJECT # 6280 NOT TO SCALE EXHIBIT `E" PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 —,54— CITY COUNCIL EXHIBIT c,7Y OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of DATE: 06-29-2009 MEV 111 iftimasoftio 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Jiiy2L 2009 AGENDA ITEM: A. Motion setting September 8, 2009 as the date of the adoption of the ad valorem tax rate of $O.563 846 per 100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 18, 2009 and a second public hearing for August 25, 2009, during the regular City Council meeting beginning at 12 :00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. ISSUE: The State Property Tax Code requires that two public hearings be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the effective tax rate or the rollback rate. The proposed FY 2009 -2010 City budget submitted for first reading for adoption to City Council on July 14, 2009 includes a tax rate of $O.563846 per loo valuation, which reflects a Maintenance and Operations tax rate of $0.364671 plus the required Debt Service tax rate of $0.199175. The second reading for adoption ofthe City Budget will be held on July 28, 2009. The Nueces County Appraisal District is required to present the City with the certified tax roll by July 25, 2009. Until which time the City receives the certified tax roll, the effective tax rate and the rollback tax rate can not be calculated. Once the calculations are complete, if it is determined that the proposed tax rate does not exceed the lower of the effective tax rate or the rollback rate, the public hearings will not be necessary, and the adoption ofthe ad valorem tax rate will be presented to City Council for final approval on September 8, 2009. However, due to the projected increase in assessed valuations of at least 4%, it is anticipated that the proposed tax rate will exceed the lower of the effective tax rate or the rollback rate, thus requiring the public hearings. The submission ofthe 2009 Certified Appraisal Roll is scheduled to be distributed to the City Council upon receipt from the Appraisal District. The publication of the 2009 property tax rates, which includes the effective and roll back tax rates, is scheduled to appear in the Corpus Christi Ca11er- Tunes on Sunday, August 2, 200 9, with an alternate publication date of Sunday, August 9, 2009, depending upon the amount of time required to receive the necessary calculations from both the Nueces County Appraisal District and the Nueces County Tax Office. Additionally, the publication will be posted on the City's Internet website at www.cctexas.com. REQUIRED COUNCIL ACTION: Approval of the motions to schedule dates for the adoption of the City's ad valorem tax rate and the two public hearings. PRIOR COUNCIL ACTION: • Tuesday, July 14, 2009 — City Council approved the first reading ofthe adoption of FY2009-2010 budget. FUTURE COUNCIL ACTION: • Tuesday, August 18, 2009 -- City Council will conduct a public hearing on the ad valorem tax rate. • Tuesday, August 25, 2009 — City Council will conduct a second public hearing on the ad valorem tax rate. • Tuesday, September 8, 2009 — City Council will adopt the ad valorem tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the motion setting September 8, 2009 for adoption of the ad valorem tax rate and scheduling August 18, 2009 and August 25, 2009 for the public hearings be approved. elcit_..„,,.......„..._,_...,_. -0, ,L..........— c_....A... --3 Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com (361) 826 -3227 Attachment: Background Information BACKGROUND INFORMATION The State Property Tax Code requires that two public hearings be held when a taxing uni 19 AGENDA MEMORANDUM July 21, 2009 SUBJECT: Seawall Improvement Project Assessment (Project No. 3417) AGENDA ITEM: a. Presentation regarding Seawall Improvement Fund and potential use of proceeds. . Ordinance appropriating $33,4O000 of unappropriated Fund Balance in the Seawall Improvement Fund No. 1120 for expenditures relating to the Assessment of Seawall Improvements; Amending FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $33,400.00; and declaring an emergency. (Project# 3417) FUNDING: Funding is available from the unappropriated Seawall Improvement vement Funds, RECOMMENDATION: Staff recommends approval of the motion as presented. Pe e Ariaya, RE. Director - Engineering Services 361 -826 -3781 petean(Wcctexas.com Attachments: Date Exhibit A ,--. Background Information HAHOMEKEVINMEN\SEAWALL\20091AEAssessmentiVierno.doc —163-- BACKGROUND INFORMATION SUBJECT: seawall Improvement Project Assessment (Project No. 3417) APPROPRIATION: IATIO : The Council must appropriate funds prior to expenditure. The appropriation is needed to authorize payment for Seawall Improvement Assessment services provided by HDR Engineering of Corpus Christi, Texas. CONTRACT DESCRIPTION: The project provided an assessment of projects that would benefit downtown storm water protection related to the Seawall. HDR Engineering undertook an assessment of projects to determine the scope and cost of various projects that would benefit storm water protection in the downtown area. The project resulted in a report that was used to present options to the Corpus Christi Business and Job Development Corporation Board. ADDITIONAL INFORMATION: The seawall Improvement Fund has benefited from higher sales tax revenues than required for debt service and required reserves for several years. The Fund is anticipated to accumulate an ending balance in excess of $18,000,000.00 by the end of FY2008 -2009. Review of Seawall related eligible projects indicates a number of needed projects could be funded. HDR Engineering (Shiner Moseley) identified, evaluated and prepared cost estimates for eight uses of the available funds which would structurally enhance the seawall. The City's Bond Counsel reviewed a list of possible uses of the funds and found them to be eligible expenditures under the bond covenants. The possible uses of funds considered by the Corporation Board were: • 1. Seawall Maintenance Fund; • 2. Barge Dock Elevation Increase; • 3. Sunfish Island Nourishment and Breakwater; • 4. McGee Beach Nourishment; ; • 5. Breakwater at McGee Beach; • 6. Salt Flats Levee System; • 6A. Phase 1 - Short Term Improvements; • 8B. Phase 2 - Long Term Improvements; • 7. U.S. Army Corps of Engineers Bulkhead Repairs; and • 8. Marina Breakwater Improvements. CORPORATION RECOMMENDATION: The Corpus Christi Business and Job Development Corporation reviewed various projects on March 30, 2009. They authorized and recommended the City Council and City staff proceed with: • Establishment of a Seawall Maintenance Reserve in the Amount of $4000,000; • Barge Dock Elevation Increase and Related Improvements in an estimated amount of $8,700000; • Sunfish Island Nourishment and Breakwater Improvements in an estimated amount of $3,300000; and —1 — • AH MRKE I E 1 SEAWALU20091AEAssessmentBkgE c A,doc EXHIBIT "A" Pa e1 of • Salt Flats Levee System Phase 1 Improvements in an estimated amount of $1,100,000. PROJECT COSTS /DESCRIPTION: The estimated cost of the recommended Drofe is are: Project - - Cost 1. Seawall Maintenance Reserve $4,000000. Bar e Doi Elevation Increase $87OO,OOO 3. _ Sunfish Island Nourishment and Breakwater $3300,000 6A. Salt Flats Levee System — Phase 1 $1,1 00,000 ijp1QoQ 1.....- -- 1. The Seawall Maintenance Reserve would provide a permanent funding reserve to address any repairs needed for inspections, surveys, expansion joint protection, storm water system inspection and repairs, and eventual concrete overlay seawall. 2. The Barge Dock Elevation increase proposes to raise the elevation of the Barge Dock, constructing a relief platform to prevent the new fill from surcharging the existing bulkhead, create a stepped terrace area to reduce wave run -up onto adjacent roadways during storms, create additional parking and other amenities. 3. Sunfish Island Nourishment and Breakwater involves the construction of a 300-ft breakwater between the two segmented breakwaters to close the existing gap which will reduce wave height at the seawall during storms. The project would also increase the size of Sunfish Island through dredge placement of material and constructing an additional 700 breakwater. 6A. The Salt Flat Levee provides backwater protection during storms. It is located parallel to Stroman Avenue and extends from the do ks along the Corpus Christi Ship Channel to just south of West Broadway which keeps flood water from backing into the downtown area from the Ship Channel during storms. The short term improvements will consist of Levee Maintenance, Replacement ement of existing storm water outfall flap gates at seven locations, security improvements to deter theft and vandalism of aluminum stop log structures (storm gates), and investigation and evaluation strategy for FEMA Certification. FEMA is currently updating flood maps which may require a Phase 2 Long Term Improvements once the information is available and would be proposed in the future if necessary. FUTURE COUNCIL ACTIONS: Council will be requested to appropriate funds, and to authorize execution of professional engineering contracts when the projects are ready to proceed. STAFF ACTIONS: Staff has released a Request for Proposals for the recommended projects. The responding firms' proposals will be reviewed and ranked to select the firms for negotiation. 1-111-10MEWEVINSkGEMSEAWALL‘2009‘AEAssessmentBkgExhA.doc —165— EXHIBIT "A" Pa9e of Page 1 of 2 AN ORDINANCE APPROPRIATING $33,400.00 OF UNAPPROPRIATED FUND BALANCE IN THE NO. 1120 SEAWALL IMPROVEMENT Ell ENT FUND FOR EXPENDITURES RELATING TO THE ASSESSMENT OF SEAWALL IMPROVEMENTS; CHANGING FY 2008-2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $33,400.00; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $03,400,00 is appropriated from the Unappropriated Fund balance in the No. 1120 Seawall Improvement vement Fund for expenditures relating to the assessment of seawall improvements. SECTION 2. That Ordinance No. 027776 which adopted the FY 2008 -2009 Operating Budget is changed to increase appropriations by $33,400.00. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of July, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: July 13, 2009 By: R, ay einin First Assistant City Attorney For City Attorney Joe Adame Mayor H:\ LEG -D1R hared \LEGAL -DEV. V 12OO Agenda\ -21101 rop- eawaII improvements -071 3 00 .doo Page2of2 Corpus Christi, Texas _ Day of , 2009 TO THE MEMBERS S 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: l 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez __- -- Nelda Martinez Mark Scott H:1LE -D1R \Shared \LE AL -[ EV. 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CL CCI C:L 03 am E J Q 0 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 21, 2009 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a new five year agreement with SMG to manage the American Bank Center under new fees, terms and conditions, including but not limited to terms that (11 give SMG the duty to manage all Foodservices at the Facility, including alcoholic beverage services; (2) give the City right to terminate the Agreement after the third year; and that (3) acknowledge that the City shall solicit proposals from other venue management firms sometime during the third year of the Agreement. ISSUE: On February 24, 2009 Council authorized the City Manager or his designee to negotiate a new five year agreement with SMG to operate and manage the American Bank Center under new fees, terms, and conditions, with the negotiated agreement to include but not be limited to: (1)a term adding to SMG's duties the duty to manage all food and beverage services at the American Bank Center, including management of all alcoholic beverage services; (2) a term acknowledging that SMG shall be assigned both the Food and Beverage services Agreement with Centerplate and the Alcohol Service Management Agreement with the Corpus Christi International Seamen's Center; (3) a term stating that, immediately following the third (3rd) year of the agreement, the City shall solicit and entertain proposals from private venue management firms to operate and manage the American Bank Center; and (4) a term giving the City the right, at any time following the third (3rd) year, to terminate the agreement, without cause, by providing no more than ninety days notice to SMG, such termination to be without the payment of any penalty, fee or premium. A new proposed agreement is submitted for Council approval. REQUIRED COUNCIL ACTION: Council approval to authorize the City Manager or designee to execute a new five (5) year agreement with SMG. PREVIOUS IOUS COUNCIL ACTION: February 24, 2009 Council authorized the City Manager or his designee to negotiate a new five year agreement with SMG to operate and manage the American Bank Center under new fees, terms and conditions. CONCLUSION AND RECOMMENDATION: EI DATION: Staff recommends approval of the new five year agreement with SMG. C Margie. C. Rose Assistant City Manager margier@setexas.com 361.8263232 Attachment — Proposed Management Am-went with SMG BACKGROUND INFORMATION On February 24, 2009 Council authorized the City Manager or his designee to negotiate a new five year agreement with SMG to operate and manage the American Bank Center under new fees, terms and conditions. A committee was created to negotiate with SMG. The committee consisted of Margie C. Rose, Assistant City Manager for Community Services, Eloy Salazar, Chairman of the Business and Job Development Corporation, Veronica Ocanas, Assistant City Attorney, Keith Arnold, CEO of the Convention and Visitor's Bureau and Cindy O'Brien, Interim Assistant City Manager for Administrative Services. It was determined during the process that a consultant would be needed to assist the City through the negotiation process. As a result, the committee worked with the City's Purchasing Division of Finance and developed and solicited proposals for a consultant. The role of the consultant was to review our existing agreements, review other venue management agreements around the country and assist the City in the development of a new agreement. Staff sent out seven (7) proposals and received four (4) responses. After a thorough review of the responses the Conunittee recommended that the City hire Crossroads Consulting Services from Tampa, Florida to assist in the development of a new agreement. Crossroads Consulting Services has been working with staff since April, 2009 to help develop an agreement The agreement being considered addresses all ofthe issues ofthe February 24, 2009 approval with a modification in the area of solicitation of proposals after the third year. After discussing this issue in greater detail, both the Committee and SMG recommends that staff solicit proposals during the third year so that at the end of the third year the City will be in a position to decide who the new venue manager will be. The highlights of the. agreement are as follows: A. Section 2.5 - Terms It is a five year agreement with the ability to terminate the last day ofthe third year and any time thereafter with or without cause. It also acknowledges that during the third (3) year of the agreement the City shall solicit proposals from venue management firms for operation and management of the facility. B. Section 3.1 (XXI) # Standard of Care Operator will be required to use its best efforts to implement ener gy efficiency efficient and conservation measures, consistent with those established by the City of Corpus Christi, in an effort to meet and achieve a 5% annual reduction in electricity consumption. In order to meet these goals, Operator will propose capital improvement projects to increase energy efficiency at the Facility. The goal of this requirement is to achieve sustainability and to reduce the operating costs at the Facility. Operator must facilitate the City's energy audits of the Facility, review the results ofthe energy audit and make recommendations to the City to improve the energy performance of the Facility. C. Section 3.8 — Use of Facility at Dit.lof €it At the direction of the City Manager, upon reasonable advance notice and subject to availability, Operator shall provide use ofthe facility or any part thereof to civic, special interest groups and nonprofit organizations located in the Corpus Claristi area at reduced rates below the published rat2 mule. D. Section 3.9 — Use F cili City Subject to availability, the City shall have the right to use the facility or any part thereof rent free for meetings, seminars, training classes or other non- commercial uses, provided that the City shall promptly reimburse Operator, for deposit into the Operating Revenue Account, for any incremental out ofpocket expenses incurred by Operator (such as the cost of ushers, ticket takers, set up and take down personnel, security expenses and other expenses) not included in the approved budget in connection with such use The non-commercial use of the facility shall not compete or conflict with dates previously booked by Operator for paying events and need to be booked in advance upon reasonable notice to Operator pursuant to the Facility's Policies and Guidelines as approved or modified by the City. E. Section 4.3 — Annual Audit Must provide an audit within 90 calendar days after the end of the fiscal year and the firm must be selected by the City and paid by the Operator. F. Section 5.4 -- Capital Contribution SMG will provide to the facility $100,000 for capital improvements and capital equipment purchases at the Facility, including cosmetic improvements to the exterior of the facility. The funds will be submitted 120 days before the beginning of the 2010- 2011 fiscal year when SMG submits its Capital Improvement Budget. If the City terminates the agreement before the end of the third year the City or any successor management company will pay SMG any unamortized amount of the SMG Capital Contribution existing as of the time of the termination. G. Section 6.5 — interitk. reerr ens SMG must enter into an interim agreement necessary to continue to provide existing services of food and beverage, including alcohol beverage services during the period after existing contracts expire and before execution of the new Food & Beverage Services Agreement. The Interim Agreement must comply with Revenue Procedure 97-13 of the Internal Revenue Code. H. Section 6.6 — Ike otiation and Execution of New Food and Bevera e Contract SMG must negotiate with Centerplate in good faith to execute and enter into a food and beverage contract under new terms and conditions which are reasonable and consistent with industry standards for similar facilities. The new agreement shall include service of alcoholic beverages with all food service. If SMG and Centerplate are unable to reach an agreement within 60 days of execution of this agreement, SMG shall notify the City that it is unable to reach an agreement. The City will consider whether Operator may solicit proposals from food and beverage management services firms by issuing Request for Proposals. The selection panel must include one or more representatives from the City determined by the City Manager or designee and the City's Contract Administrator. However, the City shall not have prior approval authority of selection and award. SMG, its companies, subsidiaries and affiliates shall not provide food and beverage services at the facility and are disqualified from participating in any RFP food service. In connection with the new food & beverage contract, SMG shall use its best efforts to have the annual commissions or fees payable to the Operator on behalfofthe facility to be between 28-39% of gross Foodservice Sales. If it is less than 28% the prior written approval of such contract by the City is required. —20 L Section 7.1 — Base Management Fee A. Arena - $104,400 B. Convention Center - $75,600 Use of Consumer Price Index (CPI) for adjustments upward on the first day of each fiscal year, other than the Fiscal Year ending July 31, 2010, during the term hereof by the lower of 4% or the percentage change in the CPI. We will use the All Urban Consumers CPI-U) for the Houston - alveston- ra oria, Texas area. J. Section 7.2.(a)—Arena Incentive Fee Incentive fees are granted if in any such fiscal year the net operating income is equal to or an improvement over the Net Operating Income Benchmark (which i MANAGEMENT AGREEMENT FOR THE AMERICAN BANK CENTER BETWEEN CITY F CORPUS CHRISTI AND S M G TABLE OF CONTENTS RECITALS AGREEMENT ARTICLE 1 DEFINITIONS Affiliate 2 Agreement 2 Architects 2 Arena 2 Bonds 2 Budget fl 2 Capital Expenditures 3 Catering 3 City . 3 Code 3 Concessionaire 3 Concessions 3 Contract Administrator 3 Contractor 3 Convention Center 3 Depository 3 Emergency Expenditure Event 3 Event Expenses 3 Facility 3 First-Class 4 Fiscal Year 4 Foodservices 4 Foodservice Commissions and Fees 4 Foodservice Premises 4 General Manager 4 Licensee 4 Major User 4 Management Fees 4 Net Operating Income 4 Net Operating income Benchmark 4 Net Operating Loss 5 Net Operating Loss Benchmark 5 Operating Expenses 5 Operating Fund 5 Operating Revenue Account 5 Operating Revenues 5 Operator 6 Operations Manual 6 Outside Caterers 6 Outside Catering Agreement. 6 Parking Lots 6 Prompt Payment Act 6 Reimbursable Expenses 6 Renovations 7 Revenue Benchmark 7 TABC 7 Utilities 7 ARTICLE 2 INTRODUCTION 2.1 Grant of Authority... . 7 2.2 Exclusive Rights Granted 2.3 Exclusion from Exclusive Rights 2.4 #ature of Relationship 2.5 Term . 2.6 Contract Administrator. r. . 8 ARTICLE 3 RESPONSIBILITIES OF OPERATOR 3.1 Standard of Care 3.2 Compliance with the Law; Duty 11 3.3 No Construction or Design Responsibilities. 11 3.4 Duty and Liability 11 3.5 Funding Limitations 11 3.6 Financial Statements 12 3.7 Certain Excluded Services 12 3.8 Use of Facility at Direction of City 12 3.9 Use of Facility by City 12 ARTICLE RECORDS, ACCOUNTS AND REPORTS 4. Books 13 4.2 Access to Information 13 4.3 Annual Audit 13 4.4 Monthly Reports 13 4.5 Daily Event Flash and Other Reports..., 13 4.6 Capital Improvements Budget........ 'I3 4.7 Annual Budget 13 4.8 Budget Approval. 14 4.9 Estimated Budgets. 14 ARTICLE FUNDS AND ACCOUNTS 5.1 Operating Revenue Account .. . ........... . 15 5.2 Security for and Investment of Funds + . , , 15 5.3 No Obligation of Operator to Advance Funds 16 5.4 Capital Contribution + , , 16 ARTICLE POWER AND F CTI NS 6.1 Authority of Operator. 16 6.2 No Sale of Property +. , 16 6.3 No Capital Improvements 16 6.4 Contracts... , ... 17 6.5 Interim Agreement+ +,., +.. +. +.. 17 6.6 Negotiation and Execution of new Food & Beverage Contract. 17 - 211 -ii 6.7 Rights Retained by the City... . 18 6.8 Execution of Contracts 18 6.9 Transactions with Affiliates 18 6.10 Employees 19 6.11 Purchase of Supplies and Services 19 6.12 No Expenditures in Excess of Budget.... 20 6.13 Major Users 20 6.14 Settlement of Claims. 20 6.15 Bond Financing 21 ARTICLE 7 FEES AND EXPENSES 7.1 Base Management Fee. 22 (a) Arena Base Management Fee. 22 (b) Convention Center Base Management Fee. 22 7.2 Incentive Fee 22 (a) Arena Incentive Fee.......... 22 (b) Convention Center Incentive Fee. 23 ARTICLE INSURANCE 8.1 Insurance to be Maintained by the City 8.2 Insurance to be Maintained by Operator 23 8.3 Insurance Requirements 24 8.4 American Bank, N .A 24 8.5 Waiver of Subrogation 24 8.6 Proceeds of Casualty Insurance.- . 24 8.7 INDEMNIFICATION AND HOLD HARMLESS. 25 ARTICLE 9 EQUAL EMPLOYMENT MENT OPPORTUNITY 9:1 Discrimination Prohibited , 26 9.2 MWDBE 26 ARTICLE 10 CERTAIN MATTERS REGARDING TERMINATION 10.1 Surrender of Improvements , 26 10.2 continuation of Performance 26 10.3 Termination by the City for Lack of Funding .. 26 10.4 Termination at Will 27 ARTICLE 11 BREACH 11.1 Breach 27 112 Breach Notices 28 11.3 Rights of Non- Breaching Party... .. .... 28 ARTICLE 12 MISCELLANEOUS 12.1 Notices 29 12.2 Amendments ents. 0 12.3 Title and Captions 30 12.4 Pronouns and Plurals... 30 12.5 Right of Ingress and Egress 30 12 Intellectual Property Rights 31 Severability 31 12,8 Successors. 31 12.9 Assignment 31 12.10 Further Action 31 12.11 Gratuities 32 12.12 No Solicitations 32 12.13 Entire Agreement; Attorneys' Fees 32 12.14 Counterparts 32 12.15 Applicable Law 32 12.16 Limitation of Liability 32 12.17 No Representation as to Operations Results 32 12.18 Force Maje re.... 33 ARTICLE 13 CONSULTING SERVICES 13.1 General Consulting Services 33 ARTICLE 14 NON-COMPETITION Nora - Competition. _ 33 SCHEDULES Schedule 6.10 - Key Personnel Sch. 6.10 EXHIBITS Exhibit A — 1 Existing Facilities — Map of Existing Facilities — Aerial View Ex. A -1 Exhibit A — 2 Existing Facilities — Convention Center, 1st Floor Ex. A-2 Exhibit A — 3 Existing Facilities — Convention Center, 2nd Floor Ex. A-3 E hibit A — 4 Existing Facilities — Arena, 1st Floor Ex. A-4 Exhibit A --- 5 Existing Facilities — Arena, 2nd Floor Ex. A-5 E hibit A -- 6 Existing Facilities — Arena, 3rd Floor. Ex. A-6 Exhibit A — 7 Existing Facilities — Landscaping Areas Ex. A -7 Exhibit B — 1 Foodservices Premises — Arena First Floor Ex. B -1 Exhibit B — 2 Foodservices Premises — Arena Second Floor Ex. B -2 Exhibit B — 3 Foodservices Premises — Arena Third Floor Ex. B-3 Exhibit B — 4 Foodservices Premises — Convention Center First Floor Ex. B-4 Exhibit B — 5 Foodservices Premises — Convention Center Second Floor Ex. B- Exhibit C — Parking Lots Ex. C MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT "Agreement" is made and entered into effective as of -- ,- , 2009 by and between SMG, a Pennsylvania general partnership ('Operator" or "SMG ") and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation ("City"). RECITALS LS 1. The City, acting through its duly authorized City Manager "City Manager ", owns and has constructed a Multi- purpose Arena ("Arena"), the Bayfront Plaza Convention Center and the Selena Auditorium ("the latter two collectively defined in this Agreement as ;`the Convention Center }' located in the City of Corpus Christi, Texas, at 1901 North Shoreline Boulevard, which, together with all facilities, machinery, attachments and appurtenances now or hereafter attaching thereto, is hereafter referred to as the "Facility" and also known as the "American Bank Center. ", H. The Operator is an organization whose principals have substantial experience and expertise in the management, operation, and marketing of public assembly facilities. 111. The City and Operator are parties to that certain Pre - opening Services and Management Agreement dated December ember 1 , 2001, as amended by (0 that certain First Amendment to the Pre - Opening Services and Management Agreement, authorized October 14, 2003 by City Council; and as further amended by (ii) that certain Second Amendment dated May 18, 2004; (iii) that certain Third Amendment, dated August 17, 2004; (iv) and that certain Fourth Amendment, dated August 1, 2006 (collectively, the "Original Agreement"), pursuant to which SMG provides management services for the Facility on the terms and conditions set forth therein. The Convention Center portion of the Original Agreement expires July 31, 2009, and the Arena portion expires November 30, 2009. • III. On February 24, 2009, the City Council authorized the City Manager or his designee to negotiate a five year agreement with SMG to operate and manage the American Bank Center under new fees, terms, and conditions, and with the negotiated agreement to include but not be limited to a term: (1) adding to SNIG's duties the duty to manage all food and beverage services at the Facility, including management of all alcoholic beverage services; (ii) acknowledging that SMG shall be assigned both the Food and Beverage Services Agreement with Centerplate and the Alcohol Service Management Agreement with the Corpus Christi International Seamen's Center; (iii) stating that, immediately following the third year of the Agreement, the City shall solicit and entertain proposals from private venue management firms to operate and manage the American Bank Center; and (iv) giving the City the right, immediately following the third year, to terminate the agreement, with or without cause, by providing no more than ninety (90) days notice to SMG, without the payment of any penalty, fee or premium. v. The City is a party to that certain Food and Beverage Services Agreement with Service America Corporation, d b a/ Centerplate ("Centerplate"), dated January 1, 2004 (the "Food & Beverage Contract"), pursuant to which Centerplate provides food and non alcoholic beverage services at the Facility. The Food and Beverage Contract expires at the close of business at the Facility on July 31, 2009. P2gn1531 36 VI. The City is a party to that certain Alcohol Service License Agreement with the Corpus Christi International Seamen's Center, a Texas 501(c)(3) nonprofit corporation ("Seamen's Center"), dated November 3, 2004 (the `Alcohol License Contracts'), pursuant to which the Seamen's Center provides alcoholic beverage services at the Facility. The Alcohol License Contract is on a month -to -month basis pursuant to an existing agreement between the City and the Seamen's Center. I1. It is the City's intention that the Facility be operated in a First-Class and fiscally responsible manner with the objectives of offering diverse event activity e.., cultural, educational, entertainment, sporting, social and other activities) to area residents and visitors; attracting events e.g., conventions and tradeshows) that generate economic and fiscal activity thereby stimulating the economy; minimizing financial operating requirements required from public funds; and, in general, maximizing the utilization of the Facility for the benefit of the City, while minimizing, to the extent practical, the net cost to the City. The parties accordingly agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS The following words, unless the context otherwise requires, have the meanings ascribed to them below. "Affiliate" means, with respect to any corporation, partnership or other entity, any other such entity which is and at all times remains controlled (as hereinafter defined) by, under common Control with or which Controls the first such entity, and (11) "control" means direct or indirect ownership of not Tess than 10% of all the voting stock of a corporation or not Tess than 10% of the legal and equitable interest in a partnership or other entity or the ability to direct management, operations or policy decisions of such corporation, partnership or other entity. "Agreement" has the meaning ascribed above, as amended from time to time. "Architects" means the architects of record, whether one or more, engaged by the City to prepare the plans and specifications for the Facility with regard to any future improvements /renovations. "Arena" means the approximate 9,500 seat (8,000 fixed and 1 ,500 movable/ portable), multi- purpose arena, together with all facilities, machinery, attachments and appurtenances now or hereafter attaching thereto. "Bonds" mean and refer collectively to the City bonds used to finance the Facility or the Bonds that will further finance the Facility, the interest on which is or will be excludable from the bondholder's gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended. "Budget" means any budget to be prepared by Operator under the provisions of Article 4 of this Agreement. An "Approved Budget" means any Budget submitted by Operator to and approved in writing by the City (including any amendment thereto approved in writing by the City). With respect to each Budget referenced in this Agreement, a separate Budget shall be ?fig gsf 36 established for the Arena and the Convention Center and Operator shall operate each of the Arena and the Convention Center in accordance with such separate Approved Budgets, as provided by Article 4 and more specifically by Section 4.8 of this Agreement. "Capital Expenditures }" means all expenditures for building additions, alterations, renovations, repairs or improvements, and for purchases of additional or replacement furniture, fixtures, machinery or equipment, the depreciable life of which, according to generally accepted ted p accounting principles, is in excess of one 1 year and the value of which is equal to r greater than $5,000. "Catering" means functions where payment is received in advance from one party for prearranged � y p anged Fdservies, including but not limited t, dinners, banquets, and receptions and hosted bars. "City" shall have the meaning assigned to it in the opening paragraph above. "Code" means the Texas Alcoholic Beverage Code. "Concessionaire" shall mean Centerplate or subsequent party selected by Operator to manage all of the Fdservies on site, excluding Outside Catering. "Concessions" means Fo dservi es where payment is made at the time that food and beverage services and products are served or delivered. An example of this includes are individual purchasing items at a concession stand or from a cash bar. "Contract Administrator" means any officer, agent, employee of, or independent contractor retained or employed by either party, acting within the scope of authority given such person by such party. "Contractor" means, whether one or more, the general contractor(s) selected by the City to repair, replace, improve, remove, renovate or modify the Facility. "Convention Center" means and refers collectively to the Bayfront Plaza Convention Center and the Selena Auditorium. "Depository" means the place selected by the City in which the bank accounts for the funds required to be maintained under this Agreement are to be deposited. "Emergency y E endit re" means any expenditure to the extent not included within an Approved Budget and not expected by the Operator to be incurred but which is necessary to correct any condition that poses an imminent threat to public safety or material damage to the Facility. ;'Event'} refers to all events held at the Facility including, but not limited to, concerts, sporting events, family shows, tradeshows, consumer shows, banquets, receptions, meetings, seminars, and any other functions held at the Facility consistent with this Agreement. "Event Expenses" means any and ail expenses incurred or payments made by Operator in connection with the occurrence of events at the Facility, including but not limited to costs for event staffing including ticket takers, security and other event staff, and costs relating to setup and cleanup. "Facility" means, collectively, the Arena, the Convention Center, and the Selena Auditorium. P.a2epoi 36 "First - Class" means quality of the best; the finest; the highest class, grade, or rank; and highest distinction with respect to the operation, management, marketing, and promotion of the Facility, including but not limited to: • professional promotion and marketing efforts; • service - oriented guest and tenant services; • premium food and beverage services; • timely repairs, maintenance, and cleaning of building, equipment, and grounds; • positive, safe and secure Facility for patrons and employees; 1 state-of-the-art technology to patrons; and • parking services "Fiscal Year" means, at the time of this Agreement's execution, a period of time beginning on August 1 and ending on the immediately following July 31, inclusive. The City may change its Fiscal Year, in which case the City must notify Operator of the change in writing at least 120 days before the end of the Fiscal Year in which the change will occur, and the definition of Fiscal Year in this Agreement shall automatically change to reflect the new definition of the City's Fiscal Year. "F dservi es" means planning, preparation, service, accounting and management of food and beverage services to be provided hereunder, including without limitation, Catering and Concessions, vending machines, staffing and liquor license procurement and maintenance in accordance with the laws of the Texas Alcoholic Beverage Code and regulations promulgated by the Texas Alcoholic Beverage Commission. "Foodservice Commissions and Fees" means the commissions pail by the Concessionaire or Outside Caterer and included in Operating Revenues. Should Operator negotiate a management fee agreement with the Concessionaire, then only the Operating income from the Concessionaire will be included in Foodservice C rmissi ns and Fees. No Operating Expenses will be recorded by the Operator for Foodservice. "Foodservice Premises" means all areas, improvements, fixtures, and trade fixtures on the Facility's premises that are or may in the future be used in connection with the operation of the Foodservices, including adequate storage and office space, as described in Exhibit "B" hereto. The Foodservice Premises may not be changed without the prior written approval of the City, which shall not be unreasonably withheld or delayed. "General Manager" means the chief operating officer of the Operator at the Facility. "Licensee" means a person or entity entering into a written agreement to host an Event at the Facility. "Major User" means any professional sports team, franchise or university using the Facility as the site of its home games, as well as any event traditionally held at the Facility whose use thereof consists of more than thirty (30) days during any Fiscal Year. "Management Fees}' means those fees payable to the Operator under Article 7. "Net Operating Income" means with respect to a Fiscal year, the excess, if any, Operating Revenues for such Fiscal Year over Operating Expenses, as set forth on the year end audited financial statements, for such Fiscal Year. "Net Operating Income Benchmark" means the projected Net Operating income in the Approved Budget for that particular Fiscal Year. Ram g_of 36 "Net Operating Loss" means with respect to a Fiscal Year, the excess, if any, of Operating Expenses for such Fiscal Year over Operating revenues as set forth in the year end audited financial statements, for such Fiscal Year. "Net Operating Loss Benchmark" means the projected Net Operating Loss in the Approved Budget for that Fiscal Year f r the Convention Center. "Operating Expenses" means all expenditures or obligations of whatever kind or nature made or incurred by SMG in promoting, operating, maintaining, marketing and managing the Facility during any specified period during the term of this Agreement, all contract labor; all Reimbursable bursable Expenses; all fees paid to Operator under this Agreement; maintenance a and repairs; utilities; deposits for utilities; telephone; telescreen and/or scoreboard operations; security; fees payable to subcontractors; refuse removal; cleaning; sales use, or any other taxes or impositions applicable to the operation of the Facility; building supplies; ticket commissions; premiums for insurance maintained under Article 8; data processing; advertising; marketing; public relations; pest control; travel, lodging and related out-of-pocket expenses; audit fees; legal fees and other professional fees; professional development and training expenses for the benefit of the Facility, and Facility related entertainment; office supplies; employment fees; freight and delivery; lease of equipment; Master Card, VISA and other credit and debit facilities and telecheck fees and expenses; bank fees, all damages, losses or expenses suffered or paid by the City (or, at the City's written direction, by Operator) as the result of any and all claims, demands, suits, causes of action, proceedings, judgments and liabilities, including reasonable attorneys fees incurred in litigation or otherwise, assessed, incurred or sustained; and fees and commissions paid to any third party engaged by the City (or, upon the City's written request, by Operator) to provide services with respect to advertising, naming rights, pouring rights, the marketing and sale of luxury boxes or the sale of personal seat licenses; but excludes any SMG Capital Contributions and Capital Expenditures, costs for corporate overhead, indemnity obligations and damage payments owed to the City, amortization (including the SMG Capital Contribution), depreciation and other non-cash charges and any debt service on the Bonds. Expenses shall be calculated separately for the Arena and the Convention Center. Operating Ex • enses shall not include an ex • enses attributable to Foodservices at the Facilit . Solely for purposes of the submission of the budgets hereunder and the calculation of Net Operating Income and Loss, the Net Operating Income Benchmark, the Net Operating Loss Benchmark, and SMG's incentive fees. hereunder, the fees payable to SMG under this Agreement shall not be included therein. "Operating Fund" means a fund maintained under Section 5.1. "Operating Revenue Account" has the meaning ascribed by Section 5.1. "Operating revenues" means all receipts (including, without limitation, seat license fees and surcharges, rental revenues, use license fees, Fodsrvie Commission and Fees, merchandise sales revenue, advertising sales revenues, box office income, suite sales, sponsorship revenues, promotional fees, and equipment rental fees), revenues, income, and cash received or collected 1 for the use of, operation, or admission to, the Facility or any portion thereof, (2) for the right to sell, or in respect of the sale of, any product or advertisement in the Facility including all rents, royalties, and concessions from tenants, concessionaires, and licensees (but specifically excluding the gross receipts of such concessionaires, tenants, and licensees); for rental or use of the Facility equipment; or (4) as fees for services rendered at the Facility. Excluding from Operating Revenues in all events are, any portion of ticket sales payable to the performers in or promoters of any event in the Facility or the portion of such ticket sales, if any, payable as a commission to any entity or person providing ticket distribution services, for and on behalf of and actually paid to a user of the Facility; applicable excise, sales Pam 5sof 36 occupancy and use taxes, or similar government taxes, duties, levies, or charges collected directly from patrons or guests, or as a part of the sales price of any goods, services or displays, such as gross receipts, admission, cabaret, or similar or equivalent taxes; receipts from financing, receipts from the sale or other disposition of capital assets and other items not in the ordinary course of the Facility's operations and income derived from securities and other property acquired and held for investment, receipts from awards or sales in connection with any taking, from other transfers in lieu of and under the threat of any taking, and other receipts in connection with any taking; proceeds of any insurance, including the proceeds of any business income insurance (provided that the proceeds of business income insurance shall be included to the extent the same reimburse the City for revenues actually lost); proceeds of advances made by the City to fund net operating deficits from the operation of the Facility and funds advanced for capital expenditure; rebates (including tax rebates from the City, State of Texas or other governmental authorities and any interdepartmental funding from other departments of the City in the nature of reimbursements or otherwise), discounts or credits of a similar nature (not including charge or credit card discounts, which shall not constitute a deduction from revenues in determining Operating Revenues, but shall constitute Operating Expenses in determining Operating Income or Operating Loss). Operating Revenues shall be calculated separately for the Arena and the Convention Center and, in no event, shall Operating Revenue ever be deemed to include the proceeds of any hotel occupancy taxes. "Operator" has the meaning assigned to it in the opening paragraph above. "Operations Manual" means a document developed by Operator which contains terms regarding the management and operation of the Facility, including detailed policies and procedures to be implemented in operating the Facility, as agreed upon by both the City and the Operator. The parties acknowledge that to the extent that the such manual contains any proprietary information of SMG e.g.# SMG-wide (not Facility - specific) operating policies, procedures and/or software), such information shall remain the property of SMG and shall not be kept at the Facility after the expiration or termination of this Agreement. "Outside Caterers" means any caterer other than Centerplate entering into an Outside Catering Agreement provide Catering services at the Convention Center for a single event. The Operator will establish minimum Commissions and/or fees, insurance and security deposits required in order for an Outside Caterer to operate at the Convention Center. Outside Caterer will pay Operator immediately following their Catering event based on the Outside Catering Agreement with that Outside Caterer and the Operator. "{Outside Catering Agreement" means the written agreement between the Operator and an Outside - Caterer for a single Event to be held at the Auditorium or the Convention Center. "Parking Lots" means any and all existing and future parking facilities that serve the Facility, as shown in Exhibit i "C" which the parties may amend from time to time. "Prompt Payment Act" means Chapter 2251 of the Government Code in force in the State of Texas. "Reimbursable Expenses" means all of the following expenses incurred by the Operator in performing its services under this Agreement to the extent (but no further) the same are provided for in an Approved Budget or are incurred as part of an Emergency Expenditure, salaries, wages, and benefits of Operator's personnel working at the Facility; payments made by Operator to unrelated parties from its own funds or liabilities incurred by Operator for actual and direct expenses under contracts related to the operation of the Facility but then only if entered into by Operator in accordance with this Agreement; travel, lodging, and entertainment expenses. c11920-of 36 "Renovations" means any renovations of the Facility that may be undertaken by the City. "Revenue Benchmark" means the projected operating revenues in the Approved Budget for the Facility and excludes the sale of naming rights for the Facility. "T ABC" C" means the Texas Alcoholic Beverage Commission. "Utilities" means electrical, water, and gas services. Operator is responsible for utilities. For the electricity invoices that the City pays directly, the City will make every effort to submit the invoices to Operator for reimbursement in a timely manner, but in no case later than ten (10) calendar days after City makes the direct payment to electricity provider. Operator shall pay all invoices within fifteen (15) calendar days from the date of the invoice, in accordance with Section 5.3 of this Agreement. ARTICLE 2 INTRODUCTION 2.1 Grant of Authority. To enable Operator to perform its obligations under this Agreement, the City hereby grants to the Operator, and the Operator hereby accepts, the exclusive right and obligation subject to the provisions of Section 3.7 and the other terms and provisions of this Agreement, in its own name, as an independent contractor and not as an agent of the City, to manage and operate the Facility. 22 Exclusive Rights Granted. The City hereby grants to Operator, subject to the terms and conditions of this Agreement, the "Exclusive Right" to contract with outside concessionaires for the provision of the Foodservices, to oversee the provision of those services by such concessionaires, and to allow such concessionaires the exclusive use of the Foodservice Premises at the Facility, subject to any limitations contained in this Agreement concerning Catering at the Convention Center. With regard to the Arena only, Operator is granted the Exclusive Right to contract with a concessionaire to exclusively provide Foodservices. The City grants Operator the exclusive rights to sell novelties, souvenirs, programs, records, tapes, clothing and gifts (collectively, `Novelties" ) at all Events held at the Facility. 2.3 Exclusion from Exclusive Ri hts. The following shall be excluded from the Exclusive Right to provide Food and Beverage Services: (a) Fairs or Festivals. Food and Beverage Services provided at fair or festival -type Events at the Facility may be excluded if, in the opinion of the City, the selling of the items from booths is an important part of the Event. Additionally, the Exclusive Right to provide Food and Beverage Services shall not prevent or prohibit an exhibitor from distributing without charge a sample portion of the type of food or merchandise manufactured and distributed in the normal course of the exhibitor's business, or from selling food items intended for consumption off the premises. 2.4 Nature 9:1_13plaVombip. The parties agree that the only relationship created by this Agreement is that between the City, as owner, and the Operator, as an independent contractor, for management and operating services and that the Operator is an independent contractor, not an agent, employee, joint venturer or partner of the City. 2 1 .of 36 2.5 Term. The term of the Agreement begins on August 1, 2009 (the "Effective Date") and ends on the last day of the fifth (5th) full year following the Effective Date unless sooner terminated under the provisions of this Agreement. The City may, effective the last day of the third year and anytime thereafter, terminate this Agreement with or without cause and without payment of any penalty, fee or premium in accordance with Article 10 of this Agreement. The parties acknowledge that during the third rci year of this Agreement, the City shall solicit proposals from venue management firms for operation and management of the Facility. 2.6 Contract Administrator. Each party must appoint a contract administrator who shall monitor such party's compliance with the terms of this Agreement. Operator's contract administrator shall be its General Manager at the Facility, unless Operator notifies City of a substitute contract administrator in writing. City shall notify Operator of the name of its contract administrator within thirty days of execution hereof. Any and all references in this Agreement requiring Operator or City participation or approval shall mean the participation or approval of such party's contract administrator. ARTICLE 3 ftEPNS1BILIT1ES OF OPERATOR 3.1 Standard of Care (a) Subject to the limitations on Operator's authority set forth in this Agreement and subject to the Approved Budget, the Operator shall exercise its diligent, good faith efforts in managing and operating the Facility so as to minimize Operating Expenses and maximize Operating Revenues. In this connection, the parties agree that the Operator, in recommending and implementing booking policies approved by the City, may schedule not only those events that generate substantial direct revenue to the Facility, but also those events that produce less direct revenue but, in the Operator's good faith judgment, generate either a significant economic, cultural, or other benefit to the City or otherwise serve the public interest; provided that, except where provided under Sections 3.8 and 3.9, no use of the Facility shall be permitted without a reasonable charge or reimbursement of costs of operation of the Facility, as may be prudent under the circurristances, for such use with respect to the Arena and/or Convention Center, as applicable. (b) Subject to the limitations set forth in this Agreement, the Operator shall do the following (or cause the same to be performed): (i) Manage and operate the Facility and contract for its use in a manner that will promote and maximize the use to further the purposes for which the Facility is to be constructed, as set forth in the Recitals to this Agreement; (ii) Manage all aspects of the Facility in accordance with the Operations Manual and the terms of this Agreement, including but not limited to cost containment, revenue generation, profit maximization, promotions, advertising, energy conservation, security, box office admission procedures and general user services; (iii) Maintain the Facility in accordance with the Operations Manual and the terms of this Agreement, including but not limited to routine repairs, preventive maintenance, janitorial services, grounds keeping services, P.922 af 36 maintenance of all interior and exterior walls of the Facility, maintenance of the landscaping around the Facility; walking inspections of the Facility on a daily basis, and maintenance of all the Parking Lots to city codes and standards; Update, and further develop as necessary, the Operations Manual for the Facility for the City's review and approval no later than December 31, 2009, and regularly thereafter as appropriate; (iv) Manage the Food and Beverage Services, including alcoholic beverage services, at the Facility. Negotiate and enter into contracts at and for the Facility for the sale of food, beverages, souvenirs, novelties and programs, as provided by Article 2, and by Article 6, as applicable (including without limitation the execution and delivery of such contracts in Operator's name as an independent contractor); (v) Negotiate, execute, and perform contracts, use agreements, licenses and other agreements with persons who desire to schedule events, performances, telecasts, broadcasts or other transmissions in, from or to the Facility or who desire otherwise to use the Facility or any part thereof or (B) that otherwise pertain to the use, operation and occupancy of the Facility or any part thereof, as provided in Sections 6.4, 6.6, 6.8, and 6.13, as applicable (including without limitation n the execution and delivery of such contracts in Operator's name as an independent contractor); (vi) Market the sale of luxury suites or boxes and personal seat licenses, as provided in Sections 6.4, 6.6, 6.8, and 6.13, as applicable (including, without limitation the execution and delivery of such contracts in Operator's name as an independent contractor); (vii) Coordinate and negotiate contracts for all advertising, licensing, promotional activities, marketing, and public relations for the Facility, as provided in Sections 6. 4, 6.6, 6.8, and 6. 13, as applicable (including, without limitation the execution and delivery of such contracts in Operator's name as an independent contractor); Coordinate the efforts of advertising, promotional activities, marketing, and public relations at the Facility of City activities and efforts, as requested by the City, from time to time. (viii) Manage other facilities and projects at the request of the City, as these opportunities arise, and coordinate such new efforts by meeting with the City to agree to the scope of and other terms related to such management. (ix) Coordinate the efforts of all parties involved in the operation of the Facility and establish and maintain consistent procedures for cost estimating and reporting, maintenance and payment of invoices, including preparation of Budgets and reports as contemplated by Article 4; (x) Plan, coordinate, and administer operation of the Facility and continue to identify, select, and train the Facility's staff; (xi) Retain legal counsel in connection with the discharge of its duties hereunder and cause such counsel to coordinate with the City's legal department where necessary or appropriate. peratr acknowledges that the City's legal department shall at all times represent the interests of the City; (xii)Coordinate the work of all parties performing work in connection with the operating of the Facility; (xiii)Monitor actual and projected Operating Expenses and Operating Revenues and advise the City, in a timely fashion as part of its Monthly Report, if projected costs exceed the amounts set forth in the Approved Budgets, as provided in Section 6.12, as well as the reasons for the discrepancy; (xiv)Furnish all services, personnel, materials, tools, machinery, equipment and other items necessary to accomplish the foregoing requirements of this Paragraph, Article 3, and other provisions of this Agreement; (acv) Devise and implement procedures (including preventive and predictive maintenance procedures) reasonably designed to keep the Facility in good order and condition, subject to ordinary wear and tear, and maintain the Facility in such order and condition; and (xvi) Require that all persons using the Facility or attending events therein comply with all legal requirements of all governmental authorities having jurisdiction over the Facility; (xvii)Not create, assume or suffer to exist any mortgage, pledge, lien, charge or security interest or other encumbrance of any nature whatsoever relating to this Agreement or its rights and obligations under this Agreement, except any pledge or other encumbrance of the fees due Operator pursuant to this Agreement; (xviii)Promptly and fully discharge and pay all of its obligations under this Agreement at or prior to the time specified for performance or payment thereof, including without limitation, the payment of ail Operating Expenses from the funds available for that purpose under Article 5. Operator shall have the right to contest its obligations to make payments to third parties so long as (x) Operator does so in good faith, diligently and by appropriate proceedings, and (y) such contest does not subject the City to any potential civil or criminal liability or constitute a breach of any law, rule, code or regulation applicable to the City; (xix)Develop a comprehensive marketing plan and brochure, a booking policy, and a complimentary sales responsibilities plan with the Convention and Visitors Bureau of the City and begin implementation thereof as soon thereafter as the same is approved by the City, (xx)Manage the current Naming Rights Agreement between Operator and the American Bank Center, and seek, negotiate and enter into contracts with future naming rights partners subject to the terms of this Agreement, for the naming rights of the Facility, and maximize additional naming rights revenue at the Facility to the extent not under the scope of the current Naming Rights Agreement to the maximum extent possible, not in conflict with the current Naming Fights Agreement; and (xxi) Operator will be required to use its best efforts to implement energy efficiency and conservation measures, consistent with those established by the City of Corpus Christi, in an effort to meet and achieve a 5% annual reduction in electricity consumption. In order to meet these goals, Operator will propose capital improvement projects to increase energy efficiency at the Facility. The goal of this requirement is to achieve lust ina ility and to reduce the operating costs at the Facility. Operator must facilitate the City's energy audits of the Facility, review the results of the energy audit and make recommendations to City to improve the energy performance of the Facility. Section 3.1 and each provision in the above subsection "b" shall be subject to the Approved Budget. 3.2 Compliance with the Law, Dut , The Operator shall comply with all applicable laws, rules, regulations, ordinances ("Laws") relating to the use and operation of the Facility and the employment of its employees. The Operator shall perform its obligations hereunder in goad faith and in conformity with the standard to which a good operator would operate in similar circumstances. If compliance with applicable Laws with regard to the condition of the Facility requires funds not provided for in an Approved Budget and the City refuses to consent to amendment to the Approved Budget providing for the expenditure of funds necessary to cause the Facility to comply with such applicable Laws, then the Operator may terminate this Agreement upon ninety (90) days prior written notice to the City (which notice shall described with specificity the applicable Laws violated and the actions needed to remedy the same) if (x) the failure to comply with such applicable Laws subjects the Operator to potential civil or criminal liability, and (y) the City fails, within such ninety day period, to make provision for the funds necessary to correct such violation, in accordance with Section 5.3 of this Agreement. 3.3 No Construction_ r Desi r Res_Lonsibilities. Notwithstanding Operator's review of and recommendations, upon request by the City, in respect to any Facility's design, improvements or renovations, the Operator will not have responsibility to the City or any other person for or authority concerning any final plans and specifications for the Facility's design, improvements or renovations, and will not supervise or be responsible in any manner for construction, if any, of said improvements or renovations. The City acknowledges that Operator's recommendations are based solely upon Operator's practical experiences in the operation of public assembly facilities similar to the Facility. The City agrees to look to the Contractor, subcontractors, Architects, engineers and other design professionals for all matters related to design and construction of any work and not to Operator. 3.4 Duty and Liability. The Operator shall owe to the City a duty to perform its obligations under this Agreement and to conduct the management and operatin g of the Facility at all times with integrity and good faith and in a manner which is in the best interests of the Facility and the City and consistent with the terms of this Agreement. 3.5 Funding Limitations. The City recognizes and agrees that performance by Operator of its responsibilities under Article 3 and otherwise under this Agreement is subject to the City's provision of funds to Operator for such purposes as hereinafter provided, and is limited by the Approved Budgets. Pa:2215.of 36 3.6 Financial Statements. At the City's request, Operator shall provide the City with the opportunity to review certain financial statements of Operator (the "Financial Statements"). In connection with such financial statement review, Operator shall represent and warrant to the City that (1) such Financial Statements were prepared in accordance with generally accepted accounting principles consistently applied and are true and correct in all material respects and present fairly the Operator's financial position as of the date thereof; and that it to the best of Operator's knowledge there has been no material adverse change in Operator's financial position from that reflected in the Financial Statements. 3.7 Certain Excluded Services. Notwithstanding the foregoing, the City reserves the right to have parties other than Operator negotiate contracts for naming rights related to the Facility. Operator shall, however, after execution of a contract for naming rights be responsible for insuring that all obligations of the City and the other parties thereto are duly and timely performed; provided, however, in so doing Operator shall not have to accept any liability or obligation therefor not already provided for in this Agreement. 3.8 Use of Facilit _ t Direction of _City (a) At the direction of the City Manager, upon reasonable advance notice and subject to availability, Operator shall provide use of the Facility or any part thereof to civic, special interest groups and nonprofit organizations located in Corpus Christi area at reduced rates below the published rate schedule. (b) Subject to the Policies and Guidelines established by Operator and approved or modified by the City, the City shall not schedule use of the Facility pursuant to subsection (a) and Section 3.9, below, if such use will conflict with paying events booked by Operator and shall in all instances be subordinate thereto in terms of priority of use of the Facility. In instances when the Facility, or part thereof, is to be used at the City's request or by the City pursuant to subsections and Section 3.9, below, a rent or use fee which otherwise would be chargeable for such event shall be deemed to have been paid and such deemed payment shall constitute Operating Revenues for the purpose of calculating Operator's incentive fee pursuant to Article 7 hereof. 3.9 use of Faculty b City. Subject to availability, the City shall have the right to use the Facility or any part thereof rent -free for meetings, seminars, training classes or other non- commercial uses, provided that the City shall promptly reimburse Operator, for deposit into the Operating Revenue Account, for any incremental out -of- pocket expenses incurred by Operator (such as the cost of ushers, ticket- takers, set -up and take -down personnel, security expenses and other expenses) not included in the Approved Budget in connection with such use. Such non-commercial use of the Facility by the City shall (i) not compete with or conflict with the dates previously booked by Operator for paying events; (ii) not consist of normally touring attractions (such as concerts and family shows); and (iji)be booked in advance upon reasonable notice to Operator pursuant to the Facility's Policies and Guidelines as approved or modified by the City. Upon request of the City, Operator shall provide to the City a list of available dates for City's use of the Facility. To the extent that Operator has an opportunity to book a revenue - producing event on a date which is otherwise reserved for use by the City, Operator may propose alternative dates for the City's event, and the City shall use commercially reasonable efforts to reschedule its event to allow Operator to book the revenue- producing event. For purposes of calculating Operator's Incentive Fee, Operator shall receive a "paper }' credit for an amount equal to the difference between the published Facility rate and the rate (if any) charged to the City for such use of the Facility only in the event that the Manager had a bona fide opportunity to book a revenue- producing event. ARTICLE RECORDS, ACCOUNTS AND REPORTS .1 Books. The Operator shall maintain at the Facility books of account with respect to its management and operation of the Facility in accordance with generally accepted accounting principles and industry standards. Operator shall maintain such books and records for a period of three years following the expiration or sooner termination of this Agreement. Separate books of account shall be maintained for the Arena and the Convention Center. 4.2 Access to Information. The city shall have the unqualified right to obtain from the Operator Candor from any of Operator's subcontractors), at any reasonable time upon request, such information and to inspect and audit such books and records concerning the management and operation of the Facility as may be deemed necessary or desirable by the City. It is the City's intent to conduct a performance audit during the Term of the Agreement. 4.3 Annual Audit. As soon as practicable at the close of each Fiscal Year, but not later than 90 calendar days after the end of the Fiscal Year, the Operator shall furnish to the City a balance sheet, a Schedule of Revenues, Expenditures and Changes in Fund Balance, prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an opinion of the independent certified public accountant preparing the report, which shall be a firm selected by the City, paid directly by the Operator. 4.4 MQD:tbtY Reports. Not later than thirty (30) days after the end of each month during the Period, the Operator shall furnish to the City a report in the same format as SMG has provided under the Original Agreement. 4.5 Dail Event Flash and Other Reports.. At City's request, from time to time, Operator shall furnish to the City other reports, including but not limited to a daily event "flash" report, 4.6 Capital Imirovements Bud•et. Not later than 120 days before the beginning of each Fiscal Year (after the first year of the Agreement), the Operator shall submit a Budget for projected Capital Expenditures for such Fiscal Year. This Budget shall be subject to the procedures customarily employed in connection with the development, approval, and implementation of capital budgets for the City and shall in all cases be subject to the approval of the City. 4.7 Annual Budget. Not later than 120 days prior to the beginning of each Fiscal Year after the first Fiscal Year, the Operator shall submit an annual Budget for such upcoming Fiscal Year, listing all projected Operating Revenues and Operating Expenses (including Reimbursable Expenses) by category. The Operator may at any time submit to the City for its consideration amendments to a Budget to reflect unanticipated revenues or expenses or other changes. The Annual Budget must be consistent with City policy. Separate Budgets shall be submitted for the Arena and the Convention Center. 4.8 Bud et Approval. The City shall promptly review all proposed Budgets and amendments thereto and promptly communicate to the Operator any comments or suggested revisions thereto. The City shall, in any event, complete its Budget review and deliver its comments in accordance with the City's budget calendar. Final approval of any Budget shall, except for amendments thereto that are not material, be completed in accordance with procedures applicable to the general City budget which is to be adopted by the end of each immediately preceding Fiscal Year. in the event a proposed Budget has not been approved in a manner which permits its incorporation into the general City budget for approval on or before the end of each immediately preceding Fiscal Year, the Budget for the previous period shall continue to control except that the portions thereof relating to salaries, wages, and benefits included as part of Reimbursable Expenses shall be deemed increased by an amount equal to the increase in the Index (defined below) on the first day of such period over the Index in effect as of the same day of the immediately preceding year. Each Budget, once approved in writing by the City, and each capital Budget, once approved in writing by the City, shall constitute an "Approved Budget." Operator shall operate and manage the Facility in accordance with the Approved Budget and in no event (other than in connection with an Emergency Expenditure) may Operator incur costs or expenses in excess of the amounts budgeted therefor, except as otherwise provided for in Article 6, below. Not later than sixty days after the Effective Date of the Agreement, Operator shall submit an Amended Budget to reflect any changes required by the new terms of this Agreement. Operator recognizes that approval of the Budgets shall be made or withheld by the City in the City's sole and absolute discretion. The base for computing the adjustment described in the opening paragraph of this Section is the Consumer Price Index for the Houston- Galveston-Bra oria, TX area, all Urban Consumers (base year 1984 = 100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"). The Index published most immediately preceding the adjustment date in question ("Interim Index") is to be used in determining the amount of the adjustment. If the Interim Index has increased over the Index as of the date the previous Approved Budget was approved (the "Initial Index"), the portion of the Budget to be adjusted as provided for in the opening paragraph of this Section shall be set by multiplying the then applicable base by a fraction, the numerator of which is the Interim Index and the denominator of which is the Initial Index. If the index is changed so that the base year differs from that in effect as provided above, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. 4.9 Estimated B da ets. The City recognizes that each Approved Budget shall reflect Operating Revenues and Operating Expenses based upon the Operator's best, good faith judgment and may also be predicated upon the assumptions set forth therein with regard to the matters described below in this Section. In the event that Operating Revenues assumptions are, for any reason other than Operator's default under this Agreement, overstated, the parties agree to promptly meet and attempt to agree upon revisions to the Budgets. Page $A-of 36 ARTICLE FUNDS AND ACCOUNTS 5.1 ergrrq Revenue Account. After the Effective Date the Operator shall collect all Operating Revenues and deposit them in separate accounts (one for each of the Arena and Convention Center) maintained in the Depository in the name of the City (each, an "Operating Fund"). The Operator shall have authority to withdraw proceeds from the Operating Fund. Moneys in the Operating Fund and any interest thereon shall be applied first to the payment of Operating Expenses. Any balance shall be retained in the Operating Fund as reserve for payment of future Operating Expenses. If, at the end of any Fiscal Year, there shall be a balance in the Operating Fund in an amount in excess of the anticipated Operating Expenses for the first month of the ensuing year, the Operator shall, at the request of the City, disburse such excess to the City on or before the fifteenth 1 day of such month. (a) Account for Convention Center. To the extent that the City subsidizes the operations of the Convention Center, and in order to provide the funding necessary to afford Operator t perform its obligations hereunder wit respect to Expenses not funded by the Operating Revenues deposited in the Operating Revenue Account for the Convention Center, the City shall deposit into the Operating Revenue Account an amount equal to 1112th the amount of the subsidy in the Approved Annual Budget to the Operator for the operations of the Convention Center no later than the fifth (5th) working day of each month of the Fiscal Year in which a subsidy has been included in the Approved Annual Budget. (b) Advancing otfunds for Convention Center. If at any time during a particular month, the amount of monies on deposit in the Operating Fund and available for that purpose shall be insufficient for the payment of Expenses then due or budgeted to become due during such month, the Operator may request that the City advance the amount of such insufficiency from the approved budgeted subsidy scheduled to be paid in the succeeding month. This advanced amount will then be subtracted from the scheduled deposit for the succeeding month. (c) _atin to Ernerenv Needs. If at any time or from time to time, by reason of any occurrence of an Emergency Expenditure, moneys on deposit in the Operating Fund are insufficient to pay an Emergency Expenditure the Operator may request the City to provide monies to the Operator to make such Emergency Expenditure or, at the City's option, the City may elect to pay for the Emergency Expenditure directly from City moneys. If the Emergency Expenditure is in an amount which will require the City to seek either City Council or Board approval prior to the outlay of such expenditure, the City will take such action, and reimburse the Operator for such expenditure within five days of receipt of formal approval. 5.2 Security for and investment of Funds. All funds and accounts required to be maintained by the Operator under this Article 5 are and shall be the property of the City and shalt be maintained in the Depository, which shall be a bank or branch located in Corpus Christi, Texas. The Operator shall require of the Depository that all funds held in any account maintained under this Article 5 be secured to such an extent and in such a manner as is required by applicable law in connection with the deposit of funds of the City. Money on deposit in the Operating Fund may be retained urn- invested and on deposit in fully secured demand deposit accounts or may be invested in accordance with guidelines provided by the City from time to time. Petcse29-ef 36 5.3 No_Obligation of Operator to Advance Funds. The City is solely responsible for and shall promptly pay, or provide funds to the Operator to enable the Operator to pay, all Operating Expenses, Emergency Expenditures, and Capital Expenditures, and to otherwise to comply with its obligations under this Agreement. The Operator shall not be obligated to make any advance of its own funds to or for the account of the City or to pay any sums incurred for the performance of services or goods delivered to the Facility. Nothing in this Section shall, however, limit, modify, or impair Operator's indemnification obligations hereunder or Operator's liability to the City for Operator's breach of this Agreement. 5.4 Capita Contributi n. SMG shall provide to the Facility the sum of One Hundred Thousand Dollars 100,000.0 "SMG capital contribution" for Capital Improvements and Capital Equipment purchases, which may be used at the City's discretion for improvements to the Facility, including for cosmetic improvements to the exterior of the Facility. If appropriate i.e., such improvements and purchases are for several different items), SMG will prepare and submit to the City, in accordance with Section 4.6, a budget of the Capital Improvements and Capital Equipment purchases to be funded with such Contribution, along with the scope of work to be performed thereunder, the supervision of tasks and the estimated time frames for the projects listed in such budget. Such budget will take into account the Capital Improvements and Capital Equipment purchases to be funded by the City pursuant to Section 4.6. SMG shall be in charge of implementing such budget and proposed scope of work and tasks and of overseeing the estimated time frames for completion. The amount of the SMG Capital Contribution shall be amortized over a period of thirty-six months during the Term on a straight -line, non - interest bearing, non -cash basis. In the event of the expiration or termination of this Agreement for any reason, the City shall pay, or cause any successor management company to pay, to SMG unconditionally and without set -off the unamortized amount of the SMG Capital Contribution existing as of such expiration or termination. Without affecting the foregoing, the parties understand and agree, however, that S G's Capital Contribution of $100,000.00 is not a loan to the City, and the terms of this Agreement shall not be interpreted to construe or treat the Capital Contribution as a loan to the City to be repaid to SMG by the City. The payment of any such unamortized amounts shall be made to SMG no later than thirty (30) days following the effective date of such expiration or termination. ARTICLE POWER AND FUNCTIONS 6.1 Authority f Operator. The Operator shall have the right and authority to exercise all rights, powers and duties conferred or imposed on the Operator in this Agreement. 6.2 No ai pf Pr y. Although the Operator shall have authority to sell or otherwise dispose of all movable property that is surplus to the needs of the Facility (so long as the same is accomplished in accordance with procedures established by the City of which Operator has been advised in writing and that apply generally to the sale of property by the City), the Operator shall otherwise have no authority to sell or otherwise alienate any portion of the Facility or any equipment therein. All proceeds from the sale of property shall be deposited into the Operating Revenue Account, 6.3 No Capital Improvements. The Operator shall have no authority to make any alterations or any capital improvements to the Facility without the prior written consent of the City (capital improvements reflected in an Approved Budget shall be deemed approved by the City). Pa`s$ 06-of 36 6.4 Contracts. The Operator shall have no authority, without the prior written consent of the City, to enter into any contract for the provision of goods and services to the Facility at any time beyond the date for the expiration of the term of this Agreement, including the City's unilateral early termination rights under Section 10.4 hereof. Operator shall have the right to enter into, execute, and deliver contracts with users of the Facility which extend beyond or relate to dates failing after the expiration of the term of this Agreement, subject to the written approval thereof by the City. The Operator's authority with regard to contracts with Major Users shall, however, be as set forth in Section 6.13 below. All contracts entered into by Operator requiring the consent of the City under this Agreement shall contain an express provision acknowledging that the same is subject to the City's approval. All contracts entered into by Operator shall provide that the same are assignable to the City and, notwithstanding any contrary provision hereof, upon termination or expiration of this Agreement for any reason, Operator shall assign to the City and the City shall assume in writing, all then outstanding contracts affecting the Facility entered into by Operator in accordance with the authority granted Operator hereunder; provided, however, the City shall not be obligated to assume any contracts or agreements entered into by Operator in violation of this Agreement. Furthermore, notwithstanding the foregoing, the City shall not assume and shall not have responsibility for any acts or omissions of Operator with regard to such contracts or agreements prior to the termination of this Agreement except as a consequence to the City's failure to provide funds under this Agreement. 6.5 Interim Agreement. To the extent that the Food and Beverage Contract expires prior to reaching a new agreement, Operator must enter into an interim agreement necessary to continue to provide the existing services of food and beverages to the Facility during the period after the Food and Beverage Contract expires and before execution of the new Food & Beverage Contract . Such interim agreement must comply with the provisions of Revenue Procedure 97-13 and the interpretations thereof. . N..gptiion and F u #i r_ f new Food & Beverage Contract. Operator shall negotiate with Centerplate in good faith to execute and enter into a Food & Beverage Contract under new terms and conditions which are reasonable and consistent with industry standards for similar facilities. The new Food & Beverage Contract shall include the service of alcoholic beverages with all Foodservices. The City desires that Centerplate continue to be the private firm engaged and contracted as the Facility's Concessionaire. If Operator and Centerplate are unable to reach a new agreement within sixty days of execution of this Agreement, Operator shall notify City that it is unable to reach an agreement. The City will consider whether Operator may solicit proposals from food and beverage management service firms by issuing a Request For Proposals (RFP). Operator must conduct any such RFP process in the same or similar manner as the City's own RFP process, and must publish notice of the RFP in the same mariner as required by the state procurement laws under the Local Government Code, as amended. The selection panel to select a food and beverage services provider must include one or more representatives from the City. The individuals to represent the City on the selection panel shall be determined solely by the City Manager or designee and the City's Contract Administrator. However, the parties agree and understand that the City shall not have prior approval authority of selection and award of the food and beverage services provider selected. Operator, its companies, subsidiaries, and Affiliates shall not provide food and beverage services at the Facility and are disqualified from participating in any RFP for Foodservices. The parties understand and agree that any private firm selected to provide Foodservices to the Facility must be wholly and completely independent of SMG and its Affiliates. In connection with such new Food & Beverage Contract, SMG shall use its best efforts to have the annual Commissions ns r Fees payable by the Concessionaire to be between 28% to 39% of gross Foodservice sales; if such Commissions issi ns or Fees will be less than 28%, the prior written approval of such by the City is required. Par',�3 Y vf 36 6.7 Rights _Retained by the City. City retains the following rights which must be cited in Operator's new Food & Beverage Contract with the Concessionaire: • Final approval of menu items, portions and pricing, that is competitive in the marketplace. • Require Operator and Concessionaire to manage Foodservices in a First Class manner in terms of service levels as well as the quality and variety of the offerings. • Require Operator and Concessionaire to comply with all governmental rules and regulations, including city recycling and sustainability issues, as well as City approved MBE/ BE/DBE directives and goals. • Require Operator to ensure that all of their employees and employees f any of their agents or subcontractors such as the Concessionaire, represent the City in a respectful and First Class manner. • To establish minimum acceptable insurance levels that Operator and all of the subcontractors, including the Concessionaire must carry, naming the City as an additional insured and indemnifying the City from Operator, its contractors' or subcontractors' actions or inactions. 6.8 Execution of Contracts. Subject to the paragraph above, and under terms consistent with terms of this Agreement, Operator shall enter into service contracts, Foodservie Agreements and other contracts related to the Facility, on behalf of the City, acting as independent contractor. Any material agreements relating to the Facility shall contain the standard indemnification and insurance obligations on the part of each vendor, licensee, or service provider. Additionally, with respect to any contract relating to the Facility for which the City's approval is required hereunder Le., the Food & Beverage Contract, contracts with any Major User, and any contract described in the last sentence of this section), the City will determine with its bond counsel if any such contract needs to be compliant with Revenue Procedure 97-13 and will so advise Operator of such requirement in connection with its response to such approval request. Operator shall also obtain the prior approval of the City (which approval shall not be unreasonably withheld or delayed) before entering into any such contract with a term that expires after the Term of this Agreement, unless such contract, by its express terms, can be terminated by Operator or City following expiration of the Term without any penalty. 6.9 Transactions with Affiliates. As provided in this Article 6, operator shall not enter into Foodservice contracts with Affiliates. Subject to this Article 6, transactions with Affiliates in connection with its obligations hereunder relating to the purchase or procurement of services (other than Fo dservices ) for the Facility (including ticketing services, Commercial Rights sales, web design services and graphic design services), Operator may purchase or procure such services, or otherwise transact business with, an Affiliate of Operator, provided that the prices charged and services rendered by such Affiliate are competitive with those obtainable from any unrelated parties rendering comparable services. Operator shalt, at the request of the City, provide reasonable evidence establishing the competitive nature of such prices and services. Without limiting the foregoing but subject to the terms under this Agreement, the parties specifically agree that Operator may engage its Affiliate(s) to provide ticketing services for the Facility, to provide Commercial Rights marketing services for the Facility, on terms to be approved by the City, such approval not to be unreasonably withheld. Prior to Operator engaging any other of its Affiliates, Operator shall notify the City, and the City may require pa33 28-of 36 Operator to obtain at least two other competitive bids from unrelated parties to ensure that such services are being provided on competitive terms. 6.10 Employees. All employees needed to operate and manage the Facility shall be hired by Operator. Employees hired by the Operator shall be employees of the Operator and not of the City, although the employment costs of such employees (including, without limitation, wages, salary, benefits, and the costs of complying with local, state, and federal employment laws) shall be part of the Reimbursable Expenses. The Operator shall have complete and absolute discretion and authority with respect to the number, functions, qualifications, compensation and other terms and conditions relating to its employees. (ii) City shall have the right (but not the obligation) of reasonable approval of the individuals (and their successors) proposed by the Operator for the following Facility positions: General Manager, assistant general manager, director of sales and marketing, controller, director of operations, human resources director and chief engineer. The Operator will not, in any year, re- assign more than two of such personnel to other properties owned, managed, or operated by Operator without the prior consent of City. (iii) The City covenants and agrees that neither it nor its Contract Administrator shall during the term hereof or for a period of 18 months following termination of this Agreement hire, employ, solicit for hire, or engage in any manner or for any purpose of any person who has served as General Manager or Contract Administrator during the term of this Agreement or any other of Operator's "senior personnel." "Senior personnel" means and refer to the personnel of Operator who report directly to the General Manager, but shall not include the chief engineer. (iv) Attached hereto as Schedule 6.10 is a chart reflecting the positions of the key personnel of Operator described in Section 6.10(ii) above. 6.11 Purch ; of Supplies ar, �rri, The Operator shall have full authority and discretion as to the purchase of all equipment, materials, supplies and inventories reasonably required by it but shall endeavor to make all such purchases at the best price available as known to the Operator, considering the quantities required and the quality desired, at the time available for the delivery and the sources of supply whenever possible as part of a volume purchase by the Operator. Operator shall, for the purchase of all equipment, materials, supplies, services, and inventories in excess of $10,000 for any single item or more than $50000 in the aggregate in any one purchase order, utilize a competitive bidding process similar to that used by the City in the purchase of its supplies and services common to the market in which Operator shall seek the sane. Under such circumstances, Operator shall, to the extent practicable and feasible, solicit three competitive bids. Notwithstanding withstanding such procedures, Operator shall not be obligated to accept the lowest bid but shall be entitled to take into account, in the award of any such contract, the quality of the service or product and award the contract accordingly. The Operator may acquire property or services from or otherwise transact business with its Affiliates for any of the goods to be purchased or services to be performed by it under this Agreement but only if the prices charged and services rendered are competitive with those obtainable from others rendering comparable services in the field. To insure compliance in this respect, Operator agrees to obtain at least two other competitive bids from persons other than the Operator's Affiliates, whenever the Operator considers transacting business with an Affiiiate for providing goods or services under this Agreement. All purchases by Operator of furniture, fixtures, and equipment and all capital improvements shall be made in the name of the City. Operator shall establish an inventory control system to account for all such purchases. The City shall have the right to inspect the books and records of Operator to verify Operator's compliance with the provisions of this section. 6.12 N Ex n i ure i E p f_Bu g t. The Operator shall not, without advance written authorization by the City, incur in any Fiscal Year obligations for Expenses at either the Facility aggregating in excess of the amount of total Expenses set forth in the Approved Budget for the Facility, as the case may be, except for (0 Emergency Expenditures, and (11) expenses for services provided to the Facility by third parties the costs of which is not within the reasonable control of Operator such as, by way of illustration but not limitation, costs of utilities, costs of insurance and necessary and reasonable expenses which vary with increases in revenue generation and usage. Operator shall have the right, however, to expend savings achieved in any line item of the Approved Budget (but not more than an amount not less than 10% and not more than 15% of such line item, the percentage, within such range, is to be agreed upon between the City and the Operator) to offset any overruns in other line items of the same Approved Budget. If Operator incurs any expense not provided for in the Approved Budget, excluding Emergency Expenditures and those expenses not within the reasonable control of Operator as aforesaid, and the same is not approved by the City, Operator shall be responsible for such excess expenditure from Operator's own funds. With respect to Emergency Expenditures, Operator shall have the right to make the same, up to an amount agreed upon by the parties (but in no event less than $15,000 nor more than $50,000) per item, without prior approval from the City. If any Emergency Expenditure will exceed the agreed upon maximum, Operator shall submit the same to the City for the City's prior written approval. The City agrees to respond to any request of Operator for an Emergency Expenditure within 24 hours from the receipt of the request therefor, or within such lesser time as is appropriate under the circumstances. For those expenditures in Excess of Budget that have been approved by the City, if those amounts will cause the Operator to exceed the total Approved Budget amount for the year, then the Operator shall present a proposed budget amendment to the City for consideration and further approval by City Council prior to the end of the Fiscal Year. 6.13 Major Users. Operator shall negotiate contracts with Major Users. Operator shall submit any such contract, after negotiation thereof, to the City for the City's approval or disapproval of the same. The City agrees to respond to such request within ten 1 business days following receipt of such request, failing which the City shall be deemed to have disapproved the same. The City shall have the right to participate in all negotiations with Major Users including, without limitation, attending all meetings and participating in all other negotiations. To that end, Operator shall provide the City's Contract Administrator reasonable advance notice of the time and date of any such negotiations. 6.14 Settlement of Claims. Operator has been advised by the City (and the City shall continue to keep Operator apprised of) the City's procedures and requirements with respect to settlement of third party claims filed against Operator (to the extent related to the Facility), the City, or with respect to the Facility. Operator agrees to comply with such settlement claims and procedures as it has been advised in writing by the City. All costs and expenses thereof, including the settlement thereof, penalties, and interest thereon, shall be deemed an Operating Expense in accordance with the terms and provisions of this Agreement unless the cause therefor is Operator's (or its employees) negligence or willful misconduct or is the result of Operator's breach of this Agreement, in which event Operator shall bear all such costs, penalties and settlement. ReE94.4 of 36 6.15 Bond Firlan it . Operator acknowledges that the Facility is to be financed in large part with the proceeds of one or more series of City bonds "Bonds" the interest on which is intended to be excluded from gross income for federal income tax purposes. In order to assist the City in preserving the tax - exempt nature of the Bonds (the City hereby agreeing that Operator shall have no responsibility to the City or any other party if the tax treatment of the Bonds should be different than that intended by the City), Operator acknowledges and agrees as follows: (a) In determining whether to grant or withhold any approval of a contract for which approval of the City is required under this Agreement, the City may consider the effect of such contract for federal tax purposes on the exclusion of interest on the Bonds for federal income tax purposes. (b) Each of the following described contracts must be approved by bond counsel to the City before execution thereof by Operator: (1) Any contract relating to the Facility which grants a leasehold interest, term for years, or other real estate interest in the Facility (other than a revocable license, or grants a long term right to use the Facility on a basis different from that of the general public. (li)Any contract for the provision of services related to the Facility must, to the extent applicable, comply with the provisions of Revenue Procedure 97-13 and the interpretations thereof. (ill) Any contract for the use of the Facility for shows, programs, conventions and other everts unless such contracts provide for use on a fixed fee basis (excluding the sale of merchandise or concessions in respect thereto which may be on a percentage of merchandise or concession revenues), determined on an evert by event basis and where the right of the user to the Facility are those of a transient occupant rather than full legal possessory interest in the Facility as a lessee. (c) Any approval of a contract by the City required under this Section shall be given within ten (10) business days following receipt by the City of a request for approval, failing which the City shall be deemed to have disapproved the same. (d) If required by bond counsel to the City or counsel to the undeRivriters, Operator agrees to make modifications to this Agreement so that the same is, in the opinion of such counsel, a qualified management contract for purposes of Revenue Procedure 97 -13 promulgated by the Internal Revenue Service. In the event such modifications shall materially increase Operator's obligations hereunder or materially decrease Operator's rights hereunder, then Operator shall have the right to terminate this Agreement upon not less than ninety (90) days prior written notice to the City which notice must be provided to the City within ten (10) business days after Operator is requested by the City in writing to enter into an amendment or modification hereof pursuant to this paragraph. If Operator timely exercises its right of termination under this paragraph, Operator shall continue to perform its obligations hereunder through the date of termination and the City shall continue to pay Operator ther for in accordance with this Agreement; upon termination, neither party shall have any obligations accruing thereafter hereunder. ARTICLE FEES AND EXPENSES 7.1 Base Management Fee. (a) Arena Base Management Fee. As base compensation to Operator for providing the services herein specified during the Term with regard to the Arena, the City shall pay Operator during the Term, an annual fixed fee of $104,400 which amount shall be adjusted upward on the first day of each Fiscal Year, other than the Fiscal Year ending July 31, 2010, during the term hereof by the lower of 4% or the percentage change in the Consumer Price Index — All Urban Consumers (CPI-U) for the H ust n- Galveston #Bra ria, TX area -- All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.B. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other City of the United States Government succeeding to its functions (as adjusted, the "Fixed Fee"). In consideration of its services with regard to the Arena, the Operator will be paid a monthly management fee which shall be deemed earned as of the first day of each month of the term following the Effective Date but which shall be due and payable in arrears following receipt by the City of Operator's monthly report reflecting results from operations at the Arena for the prior month, such payment to be made within the time periods prescribed by the Prompt Payment Act. The amount of monthly r anagement fee is fixed and shall be 1/12th f the Fixed Fee. (b) Convention Center Base Management Fee. As base compensation to Operator for providing the services herein specified during the Term with regard to the Convention Center, the City shall pay Operator during the Term, an annual fixed fee of $75,600 which amount shall be adjusted upward on the first day of each Fiscal Year, other than the Fiscal Year ending July 31, 2010, during the term hereof by the lower of 4% or the percentage change in the Consumer Price Index — All Urban Consumers (CPIU) for the Houston - Galvest n -Bra oria, TX area — All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other City of the United States Government succeeding to its functions (as adjusted, the "Fixed Fee"). In consideration of its services with regard to the Convention Center, the Operator will be paid a monthly management fee which shall be deemed earned as of the first day of each month of the term following the Effective Date but which shall be due and payable in arrears following receipt by the City of Operator's monthly report reflecting results from operations at the Convention Center for the prior month, such payment to be made within the time periods prescribed by the Prompt Payment Act. The amount of monthly management fee is fixed and shall be 1 12th of the Fixed Fee. 7.2 Inventive Fee. (a) AnatnLviFee. In addition to the Base Management Fee, Operator shall be entitled to an annual incentive Fee with respect to each Fiscal Year during the Term if in any such Fiscal Year the Net Operating Income is equal to or an improvement over the Net Operating Income Benchmark (which is the projected Net Operating Income in the Approved Budget for the Arena). The Incentive Fee shall be equal to twenty -five percent (25%) of the amount by which the Operating Revenues for such Fiscal Year exceed the Revenue Benchmark (which is the projected revenue in the Approved Budget for the Arena); provided, P..azg Bof 36 however, that i in no event shall the annual Incentive Fee for any Fiscal Year under this Section . exceed 100% of the Base Management emer t Fee payable pursuant to Section 7.1(a) for such Fiscal Year. In the event that the Net Operating Income in a Fiscal Year is not equal ' to r an improvement of the budgeted Net Operating Income for such Fiscal Year, Operator shall not be entitled to receive the incentive Fee described in this Section 7.2(a). Additionally, but solely for purposes of calculating such Incentive Fee, Operating Revenues shall not include the revenues related to the sale of naming rights for the Facility. The Incentive Fee shall be paid to Operator no later than thirty (30) days following the completion of the annual audit by the City. (b) Convention Center Incentive Fee. in addition to the Base Management Fee, Operator shall be entitled to an annual Incentive Fee with respect to each Fiscal Year during the Term if in any such Fiscal Year the Net Operating Loss is equal to or an improvement over the Net Operating Loss Benchmark ark (which is the projected Net Operating Loss in the Approved Budget for the Convention Center). The Incentive Fee shall be equal to twenty -five percent (25%) of the amount by which the Operating Revenues for such Fiscal Year exceed the Revenue Benchmark (which is the projected revenue in the Approved Budget for the Convention Center); provided, ho wever, that (1) in no event shall the annual Incentive Fee for any Fiscal Year under this Section 7.2(b) exceed 100% of the Fixed Fee payable pursuant to Section 7.1(b) for such Fiscal Year. In the evert that the Net Operating Loss in a Fiscal Year is not equal to or an improvement of the budgeted Net Operating Loss for such Fiscal Year, Operator shall not be entitled to receive the Incentive Fee described in this Section .b. Additionally, but solely for purposes of calculating such Incentive Fee, Operating Revenues shall not include the revenues related to the safe of naming rights for the Facility. The Incentive Fee shall be paid to Operator no later than thirty (30) days following the completion of the annual audit by the City. ARTICLE !NSURANCE 8.1 Insurance to be Maintained by the City. The City shall provide property insurance for the Facility and for City- owned contents. 8.2 Insurance to be Maintained b O.peratar. The Operator shall obtain and maintain (or cause to be obtained and maintained) in effect the following policies of insurance, the cost of which shall be a Reimbursable Expense: (a) Workers' Compensation. Such workers` compensation insurance coverage as may be required by law, including employer's liability coverage of at least $500,000 per person per occurrence and $500,000 per person per disease, and $500,000 aggregate disease; (b) Commercial General Liability. Commercial general liability and property damage insurance with a combined single limit of at least $5,000,000 per occurrence and $5,000,000 aggregate insuring against all liability of the Operator and its General Managers and/or Contract Administrators arising out of and in connection with the Operator's use or occupancy of the Facility, and premises liability; (c) Liquor Liability. Contingent Liquor liability insurance with a combined single limit of $1 ,000,000 and $5,000,000 in the aggregate; Pa€231 -ef 36 (d) Business Automobile Policy. At least $1,000,000 of coverage, including bodily injury and property damage, arising out of the operations, maintenance or use of owned and non- owned automobiles, hired, or other vehicles; (e) Excess Liability Insurance. At least $9,000,000 of excess liability on a per occurrence basis and $9,000,000 aggregate basis; (f) (9) Crime and Fidelity Coverage. At least $500,000 per occurrence of coverage for II employee dishonesty, (ii) forgery or alteration, (iii) theft, disappearance and destruction inside and outside the Facility; and (iv) robbery and safe burglary inside and outside the Facility; Operator and any subcontractors are responsible for all damage to their own equipment or property. 8.3 Insurance Requirements. All insurance required under this Agreement shall be issued by insurance companies licensed to do business in the State of Texas with the financial rating of at least A -vii status as rated in the most recent edition of Best's Insurance Reports, shall be issued as a primary policy, shall contain an endorsement requiring sixty days written notice from the insurance companies to the City and the Operator before cancellation, non - renewal, termination, or change in the coverage, scope or amount of any policy, and shall, in the case of the Commercial General Liability insurance, name the City as an additional insured. 8.4 American Bank , N.A. Operator rust name American Bank, N.A. (as naming rights sponsor) as an additional insured on all insurance required hereunder, excluding any worker's compensation insurance coverage or crime and fidelity coverage. 8.5 Waiver of Subrogation. The parties release each other from any claims for damage caused by or resulting from risks insured against under any insurance policies carried by the parties under this Agreement. The parties agree to cause the issuers of the insurance policies rnaintained by them hereunder to include waivers of the rights of recovery and subrogation. 8.6 Pr ed __of Casualty Ingurance. If either the Facility or any part is damaged or destroyed by fire or other casualty, the City will determine whether or not repairs and restoration are practicable and feasible and will inform Operator in writing of its election to make or not make any such repairs and restoration within one hundred twenty (120) days following the date of such damage or destruction. All proceeds of any casualty insurance paid for by the City shall be the exclusive property of the City and Operator shall have no rights to receive any sums therefrom. If the City elects not to repair or restore, the City shall have the right to terminate this Agreement with respect to the Facility (whichever has been damaged), without penalty, premium or fee, by notice to Operator. If the City elects not to restore the Facility (whichever has been damaged) but within one (1) year following termination of this Agreement decides to restore the same, the City shall give written notice thereof to Operator whereupon Operator shah have a period of thirty (30) days in which to elect to enter into, and actually enter into, a new contract with the City for operation of the same following its restoration which contract shall be on the same terms and conditions described herein except that the term shall be only for the portion of the term hereof lost due to termination under this Section. If, on the other hand, the City elects to repair and restore, payments of the base management ent fee attributable to the Facility, as the case may be, shall be equitably reduced (taking into account the volume of services provided by Operator during reconstruction) until the Facility, as the case may be, is P826 84-of 36 reopened to the public; however, the City shall continue to reimburse Operator for Reimbursable Expenses until the Facility (whichever has been damaged) is re-opened to the public. 8.7 INl Ml IFICA TI N AND HOLD HARMLESS. Operator, its officers, agents, and employees "lndemnior" shall indemnify and hold the City of Corpus Christi, its officers, agents, employees and representatives "Indemnitees ", harmless and defend with counsel retained by Operator, from and against any third -party action, cause of action, suit, debt, cost, directly - related reasonable expense (including reasonable attorneys' fees, court costs or investigation costs), claim, or demand brought or asserted by any third- party whomsoever (collectively, "Mims"), , includin but not limited to claims on account of personal injuries or death or damage to property, at law or in equity, which any Indemnitees may suffer or sustain or which may be asserted or instituted against any of lndemnitees resulting from or in connection with (1) the negligence or willful misconduct of Operator or its agents, contractors or employees; (iii any breach or default by Operator of any of its warranties, representations, covenants, or obligations made in this Agreement; or (iii) the violation of any copyright, patent, service mark, trade name or trademark by the Operator; provided, however, that the foregoing indemnification shall not extend to Claims to the extent such Claims (A) arise from any breach or default by the City of any of its warranties, representations, covenants or obligations made in this Agreement, as determined by a court of competent jurisdictin, are caused by or arise out of the services provided by the architects, engineers and other agents (other than Operator) retained by the City in connection with capital improvements or capita/ equipment purchases at the Facility, (C) arise from the fact that at any time prior to, as of, or after the commencement of the term hereof the Facility and its premises are not or have not been, in compliance with all federal, state, local and municipal regulations, ordinances, statutes, rules, laws and constitutional provisions including, but not limited to, all handicap accessibility laws, rules and regulations, (D) arise from any obligation or liability under or in respect of any contract, agreement or other instrument executed by Operator as authorized herein unless Operator's acts or omissions in administration thereof are the basis for such liability, as determined by a court of competent jurisdiction, or arise from any act or omission carried out by Operator at or pursuant to the express direction or instruction of the City's Contract Administrator (but only if Operator advises the City's Contract Administrator in writing, promptly following such direction, that Operator believes such direction to be imprudent), Ci ARTICLE EQUAL EMPLOYMENT OPPORTUNITY 9.1 Discrimination Prohibited. Neither the Operator, nor any Affiliate of the Operator performing services under this Agreement, shall knowingly discriminate against any employee or applicant for employment because of age, race, creed, sex, color, disability, or national origin, and the Operator and its Affiliates shall take affirmative action to ensure that any employee or applicant for employment is afforded equal employment opportunities without discrimination because of age, race, creed, sex, color or national origin. Such action shall be taken with reference, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation in selection for training or retraining, including apprenticeship and on the job training. Subject to compliance a with such obligations, the Operator shall have plenary power with respect to the hiring and discharge of its employees. 92 MWDBE. . The Operator and its subcontractors shall comply with applicable City minority, women and disadvantaged business enterprise policies in performing Operator's services hereunder, which policy consists of an obligation on the part of Operator to use its commercially ially reasonable efforts to achieve a level of at least twenty -five percent (25%) minority participation in Operator's employment practices and in respect to contractual relations for the provision of goods and services for the Facility designated by the City. ARTICLE 10 CERTAIN MATTERS REGARDING TERMINATION 1 0.1 Surrender of Improvements. Upon expiration or sooner termination of this Agreement, Operator shall promptly surrender the Facility to the City, leaving to the City all equipment, supplies, manuals, books, records, and, inventories that are the property of the City or that have been purchased from Operating Revenues or from funds made available by the City, and Operator hereby quitclaims, transfers, sells, assigns, and conveys to the City, without recourse, representation, or warranty, all right, title, and interest that Operator may have to all improvements made to the Facility and all equipment, materials, supplies, inventories and all other property so purchased. All such items including equipment shall be returned in their original condition less only normal wear and tear. Operator agrees to execute any and all documents necessary to evidence such transfer promptly upon request therefore by the City. Operator shall also deliver all documents, records, and other work product generated by Operator for the City during the term of this Agreement. 1 0.2 Continuation of Performance. In the event of termination of this Agreement, Operator, at the City's option, shall continue to perform under the provisions of this Agreement for a reasonable time as determined by the parties to enable the City to make arrangements for a successor as operator of the Facility; provided, however, that Operator shall not be required to perform for a period of time during which the Operator's actual Expenses and the management fees payable under this Agreement are not promptly and timely funded and paid by the City and in no event for more than six months following such termination. 1 0.3 Termination bar the City for Lack f Funding. Should the City elect to terminate funding for the operation and maintenance of either the Arena or the Convention Center, the City shall have the right to terminate this Agreement with regard to the Arena or Convention Center, as the case may be, upon written notice to Operator, such termination to be effective on the ninetieth (9Oth) day after such election to terminate. In such event, the City shall pay to Operator all fees and other sums due to Operator hereunder through and including the date of termination with respect to the Facility, as the case may be; otherwise, such termination by the City shall be without penalty or liability. In the event in lieu of termination of ail funding for operation and maintenance of the Arena or Convention Center the City's annual budget or other budget process results in a reduction of the funds available to be paid to Operator hereunder, Operator shall have the right to either accept such reduced funding or, at Operator's election, to terminate this Agreement as to the affected facility by written notice to the City given within sixty (60) days following Operator's receipt of notice of the reduction in funding. Should funding be restored by the City for operation and maintenance of the Arena or Convention Center, as the case may be, after this Agreement has been terminated due to termination or reduction in funding, the City shall provide written notice thereof to Operator whereupon Operator shall have the first right to enter into a new contract on the same terms and conditions set forth herein. In the event Operator elects to exercise such right and option, Operator and the City shall promptly thereafter execute and enter into an amendment to this Agreement as to the Arena or Convention Center, as the case may be, reinstating the same to its original terms and conditions. 1 0.4 Termination _ t Will. The City may, effective the last day of the third year and anytime thereafter, terminate this Agreement with or without cause upon providing ninety (90) days prior written notice to that effect to Operator, such termination to be without the payment of any penalty, fee or premium. In the event of termination, however, the City shall pay Operator any base management fees accrued but unpaid as of the date of termination and any earned but unpaid portion of the incentive fees described in Section 7.3 above. ARTICLE 11 REACT 1 1.1 Breach. Each of the following shall constitute a breach under this Agreement: (i) Failure to pay when due any amount required to be paid under this Agreement, if the failure continues for, in respect to any regularly scheduled payment due hereunder, ten 1 days after notice has been given to the breaching party, or in respect to any payment due hereunder which is not a regularly scheduled payment, thirty (30) days after notice has been given to the breaching party; (ii) Failure to perform any other obligation under this Agreement (including Operator's failure to meet the standards of performance hereunder), if the failure to perform is not cured within thirty (30) days after notice has been given to the breaching party, except that if the breach cannot reasonably be cured within thirty days, a breach shall not be deemed to have occurred if the breaching party begins to cure the breach within the thirty (30) day period and diligently and in good faith continues to pursue the cure of the breach and actually cures the same within sixty (60) days following such notice. (ili)Interest on Delinquent rent . Interest shall accrue on any sums not paid when due in accordance with the Prompt Payment Act. (iv) Non-Curable Material Breach b Oeerator. Each of the following shall constitute a non - curable breach of Operator under this Agreement: (v) Any representation or warranty of Operator contained herein which shall be knowingly false or misleading in any material respect as of the date made or deemed to have been made; or (vi) The Operator shall (A) admit in writing its inability to pay its debts as they become due or (B) file a petition in bankruptcy or for the reorganization or for the adoption of an arrangement under the Bankruptcy Code as now or in the future amended, or file a pleading asking for such relief, or have or suffer to be filed an involuntary petition in bankruptcy against it which is not contested and discharged within sixty days, or (0) make an assignment for the benefit of creditors, or (D) consent to an appointment of a trustee or receiver for all or a major portion of its property, or (E) be finally adjudicated a bankrupt or insolvent under any federal or state law, or (F) suffer the entry of a court order, any federal or state law appointing a receiver or trustee for all or a major part of its property or ordering the winding up or liquidation of its affairs, or approving a petition filed against it under the Bankruptcy Code, as now or in the future amended, which order, if not consented to by it shall not be vacated, denied, set aside or stayed within sixty (60) days after the date of its entry, or (G) suffer the entry of a final judgment for the payment of money and the same shall not be discharged or a provision made for its discharge within thirty (30) days from the date of entry thereof or an appeal or other appropriate proceeding for review thereof shall not be taken within said period and a stay of execution pending such appeal shall not be obtained, or (H) suffer a writ or warrant of attachment or any similar process to be issued by any court against all or any substantial portion of its property and such writ or warrant of attachment or similar process is not stayed or is not released within forty -five days after its entry or levy or after any stay is vacated or set aside, or (1) suffer the placing of a judgment lien on its property and failure to cause such lien to be released and discharged within forty -five days from the date such lien took effect; or (vii) Operator shall conceal, remove or permit to be concealed or removed, any part of its property with the intent to hinder, delay or defraud its creditors or shall make any transfer of any of its property to, or for the benefit of a creditor at a time when other creditors similarly situated have not been paid; or suffer or permit while insolvent any creditor to obtain a lien upon its property through legal proceedings, which lien is not vacated within thirty (30) days from the date thereof; or (viii) Operator breaches the provisions of Section 6.10 ii above or the provisions of Article 14 below. 11.2 Breach Notices. Each party shall promptly notify the other of any acts or omissions believed to be a breach by the other under this Agreement. In order to be effective for purposes of Section 11.1 or 11.2, a notice of a breach must be timely given, must state that it is a notice of breach and must specify in reasonable detail the acts or omissions alleged to constitute a breach of this Agreement. 11.3 Rights of Non-Breaching Party. If a breach occurs and is not waives in writing by the non - breaching party, then the non - breaching party shall have the following remedies which are not exclusive but cumulative in addition to any other remedies now or later allowed by law: Pa2g4 20. of 36 (i) The right to cure, at the breaching party's cost and expense, any breach; (ii) The right to sue to collect any sums not paid when due, together with interest accrued thereon as provided in Section 11.2; (111) The right to sue to collect damages suffered by the non - breaching party by reason of the occurrence of a willful breach other than breach in the payment of money; (iv) The right to terminate this Agreement; or (v) The right to seek specific performance of the breached obligation. ARTICLE 12 MISCELLANEOUS US 12.1 Notices. Unless expressly otherwise provided elsewhere in this Agreement, any election, notice or other communication required or permitted to be given under this Agreement shall be in writing and deemed to have been duly given if and when delivered personally (with receipt acknowledged) or otherwise actually received by the intended recipient, or three (3) days after mailing the same (by certified mail, return receipt requested) with proper postage prepaid, or when sent by a national commercial courier service (such as Federal Express or DIAL Worldwide Express) for expedited delivery, to be confirmed in writing by such courier, or when telecopied, telegraphed or telexed to a party, at such party's address set forth below or at such other address as a party may designate by notice given to the other in accordance with the foregoing. To the City: Mr. Angel R. Escobar, P.E. City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Phone: 361-880-3220 Fax: 1- 880 -3839 With copy to: Mr. Armando Chapa City Secretary City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, T xas 78469 -9277 Telephone: 361-880-3105 Fax: 361-880-3113 If to Operator: with copy to: Ms. Mary Kay Fischer City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Telephone: 361- 880 -3361 Fax: 361 -880 -3239 Mr. Wes Westley SMG 300 Four Falls Corporate Center 300 Conshohocken State Road West Conshohocken, Pennsylvania 19428 Telephone: 610-729-7900 Fax: 610-729-1590 Mr. Steven A. Solari, Esq. Stradley, Ronon, Stevens & Young, LLP 30 Valley Stream Parkway Malvern, PA 19355 -1481 Telephone: 610-640-8005 Fax: 610-640-1965 Notice shall, in all events, be effective upon receipt by the addressee except that notice by facsimile electronic transmission shall, if received after 5:00 p.m. or any day which is not a business day, be deemed received on the next following business day. Notwithstanding the foregoing, for purposes of approval of Budgets and contracts requiring the approval of the City, the City shall be deemed to have received the same only upon the city's actual receipt thereof. 12.2 Amendments. This Agreement may be amended only in a written instrument signed by both parties. 12.3 Title _and QpLipjis. All articles or section titles or captions in this Agreement are for convenience of reference only. They should not be deemed to be part of this Agreement or to in any way define, limit, extend, or describe the scope or intent of any provisions of this Agreement. Except as specifically otherwise provided, reference to "Articles," "Sections," and "Schedules" are to Articles and Sections of and Schedules to this Agreement. 12.4 Pronouns and Plurals. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. 12. 5 Eight Qt l r s_ rid E ress. Operator acknowledges that the City shall have the right to enter the Facility and grant to others the right of ingress and egress to and from the Facility for the purpose of inspection thereof or the conduct of capital improvements and for other purposes. The City agrees to coordinate such entry with Operator so as to minimize interference with scheduled activities at the Facility. 12.6 In�tul_rrty #ig. (i) Pursuant to the terms of this Agreement, the Operator has agreed to advertise, promote activities, market and conduct public relations for the Facility. Operator covenants and agrees, subject to the reasonable consent of the City, to develop all intellectual property rights required for the advertisement, promotional activities, marketing and public relations for the Facility, the cost of all of which shall be an Expense. Any and all intellectual property rights including, without limitation, all names and logos for the Facility, shall be the sole and exclusive property of the City, subject to paragraph (II) below. Operator hereby conveys to the City, without recourse, representation or warranty, any right, title and interest that Operator may have in and to any such intellectual property rights, including, without limitation, all rights of common law, copyrights, rights of copyright renewal, trademarks and trademark rights, and Operator agrees to execute any documentation reasonably required by the City to evidence such transfer. (ii) The City hereby grants to Operator a license during the term of this Agreement to use and to grant to others the right to use the intellectual property rights in connection with the advertising, promotional activities, marketing and public relations for the Facility. 12.7 Severability. Each provision of this Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 12.8 Successors. This Agreement shall be binding upon and insure to the benefit of the parties and their respective heirs, executors, successors, and assigns but this provision shall not be deemed to permit any assignment by a party of any of its rights or obligations under this Agreement except as expressly provided herein. 12 Assignment. Operator shall not voluntarily assign or encumber its interest in this Agreement without first obtaining the City's consent. Any assignment or encumbrance without the City's consent shall be voidable and, at the City's election within thirty days of actual knowledge of an assignment or encumbrance, shall constitute a breach which shall be a breach unless the assignment or encumbrance a is rescinded within thirty (30) days after the City has given the Operator notice of the City's election to treat the assignment or encumbrance as a breach. The Operator shall, however, have the right without the City's consent but upon prior notice to the City, to assign this Agreement i to any Affiliate of Operator if such Affiliate executes an agreement in form reasonably acceptable to the City assuming the Operator's obligations hereunder, whether arising prior to or after the date of such assignment; or (11) to any entity with which the Operator has merged or consolidated or to a purchaser of all or substantially all of the Operator's assets, if the assignee executes an in form reasonably acceptable to the City assuming the Operator's obligations hereunder, whether arising prior to or after the date of such assignment. No such assignment shall release or relieve Operator from any of the obligations of the Operator hereunder, whether arising prior to or after the date of such assignment. 12.1 Further Action. Each party, within ten days after notice from the other party, shall execute and deliver to the party a certificate stating that this Agreement is unmodified and in full force and effect, or in full force and effect as modified, and stating the Pa-of 36 modifications, and the other party is not, to the best of the party's knowledge, in breach under this Agreement or stating the exact nature of any breach alleged to have occurred. 12.11 Gratuities. It shall be a breach of Operator's obligations hereunder to offer, give, or agree to give any employee or former employee of the City a gratuity or offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of any purchase request, influence in the consent of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisor)/ capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to or solicitation of any contract or proposal therefor by Operator from the City. 12.12 No Solicitations. Operator shall not accept any solicitations, requests for services, contributions, gifts, favors, tickets, gratuities or other benefits from any party or any person on behalf of the City who seeks to do r is doing business with the Facility. 12.13 Entire Agreerrt nt; Attorneys; Fees. This Agreement, including the attached exhibits, contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this Agreement and may not be modified or amended except as set forth in this Agreement. The prevailing party in any litigation arising out of this Agreement or relating hereto shall be entitled to recover, in addition to any award made in such dispute, reasonable attorneys' fees and costs incurred by such party in preparing for and participating in such litigation. 1 2.14 Counterparts. This Agreement may be executed in one or more counterparts and each of such counterparts, for all purposes, shall be deemed to be an original, but all of such counterparts together shall constitute but one and the same instrument, binding upon the parties, notwithstanding that all of the parties may not have executed the same counterpart. 12.15 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Texas. The district courts of Nueces County, Texas shall be the exclusive place of venue for any disputes arising under or with respect to this Agreement. 12.16 Limitation of Liability. Notwithstanding any contrary provision hereof, the City agrees that no partner, co-venturer, employer, agent, director, officer, shareholder, or Affiliate of the Operator shall be personally liable to the City or anyone claiming by, through or under the City, by reason of any default by the Operator under this Agreement, any obligation of Operator to the City, or for any amount that may become due to the City by the Operator under the terms of this Agreement or otherwise. 12. 17 No Representation as to Operations Results. The City recognizes that Operating Revenues for the Facility are incapable of being estimated with reasonable certainty given that the entertainment industry as a whole fluctuates based upon general economic conditions, current trends in entertainment, available income of patrons, competitive facilities, and a variety of rapidly changing factors beyond the control of Operator. Operator has made no and disclaims any purported or actual representation or warranty as to the results which can be expected from the ownership and operation of the Facility including, without limitation, the Operating Revenues, or Operating Expenses or the accuracy of its projections and estimats thereof. The City recognizes and accepts that all Budgets and projections represent Operator's estimate of the expected expenditures and revenues and that Operator is in no way responsible or liable if the actual expenditures and revenues are more or Tess than that projected (unless Pa2jdi 62-of 36 such situation is the results of a breach of this Agreement by Operator). 12.18 Force Majeure. Neither party shall be in default hereunder or liable to the other for failure to perform where such default or failure is the result of acts of God, war, or any other similar cause outside of the reasonable control of the party who asserts that default or failure to perform is excused under this Section; provided, that in no evert shall the provisions of this Section extend to any default or failure to perform due to labor shortages or strikes or economic hardship. In the event of a delay in performance excused by the operation of this Section, such delay shall only be for the period which the party claiming the delay was actually delayed in the performance of its obligation by the event outside of its reasonable control. ARTICLE 13 CONSULTING SERVICES 13.1 General_ Cpr ulting Services. The City owns, in addition to the proposed Facility, certain other public facilities. The Operator, for the consideration and other fees recited hereinabove, agrees to provide certain consulting services to the City with regard to such facilities upon request therefor by the City. ARTICLE 14 NON-COMPETITION During the term hereof, Operator agrees that it shall not, directly or indirectly, own, manage or provide consulting or other management, consulting, marketing r promotions services, whether as a principal, partner, joint venturer, officer, director, member, employee, consultant, agent, independent contractor, or stockholder of any company or business engaged in operating, managing, marketing, promoting or providing consulting services with respect to, public assembly or other arena -type facility located within a 100-mile radius of the Facility which competes with the Facility. The foregoing restriction and covenant shall not, however, (x) apply to facilities which are within the restricted area which Operator is managing under a contract in effect as of the date hereof, such facilities being listed on Schedule 14 attached hereto and made part hereof for all purposes, or be deemed breached by Operator's participation.as a promoter, sponsor, or co-promoter of events at any facilities if either (a) the same event has been scheduled to appear at the Facility within 12 months of its occurrence at such other facility or (b) the same has not been scheduled to appear at the Facility because the participants i.e., the promoter of the event in question or the principal performer of the event in question) in such event refuse or decline to appear at the Facility (upon request, Operator shall provide the City's Contract Administrator reasonable evidence thereof). in addition to its rights to terminate this Agreement should Operator breach the provisions of this Article 14, the City may collect from the Operator, as liquidated damages and not as a penalty (a) reimbursement of all actual costs incurred by the City to replace Operator's management team plus (b) all fees paid to Operator hereunder during the 12 -month period immediately preceding such termination. Operator hereby stipulates and agrees that the foregoing restrictions on Operator are reasonable in light of the services which Operator will render hereunder both in terms of geography and duration. Operator further agrees that the stipulated, liquidated damages set forth in the preceding paragraph hereof are reasonable due to the uncertainty to Owner of the amount of damages Owner will actually incur should Operator breach such provisions, Operator hereby stipulating and agreeing the Owner will actually incur damages in such event. The undersigned have executed this Agreement as of the date first set forth above. Approved as to form; Nia Veronica Ocanas Assistant City Attorney for City Attamey CITY OF CORPUS CHRISTI, TEXAS • Angel R. Escobar, P.E., City Manager • SMG, a Pennsylvania general partnership By: kik Nam S Title: Schedules Schedule 6.10 Key Personnel Exhibits Exhibit A — 1 Existing Facilities — Map of Existing Facilities — Aerial View Exhibit A -- 2 Existing Facilities — Convention Center, ist Floor Exhibit — 3 Existing Facilities -- Convention Center, 2nd Floor Exhibit A — 4 Existing Facilities Arena, 1st Floor Exhibit A -- 5 Existing Facilities — Arena, 2nd Floor Exhibit A — 6 Existing Facilities — Arena, 3rd Floor Exhibit — 7' Existing Facilities -i- Landscaping Areas Exhibit B —1 Foodservices Premises — Arena First Floor Exhibit B -- Foodservices Premises Arena Second Floor Exhibit B 7 Foodservices Premises -- Arena Third Floor Exhibit B — Foodservices Premises Convention Center First Floor Exhibit B — 6 Foodservices Premises — Convention Center Second Floor Exhibit C — Parking Lots Page 34 of -248- SCHEDULE 6.10 Key Personnel Vice President or higher General Manager or Director of Technical Service at the Arena Financial Analyst and Technical Support Services at the Arena General Manager or Director of Technical Service at the Convention Center Clerical Assistant General Manager Anyone who reports directly to the General Manager or Assistant General Manager, except the Director of Operations, —249— -250- W CC w W (-) LL z VI W 11- (-) z x w CC 0 0 J LL. N Cd' W F— Z w C.) Z 0 H=- Z w Z 0 (..) 1 w i- 17.1 (-) Q C7 z 1-= v) >—‹* W I N Q m Z >i< w EIBIMIglems.8.41117 MagiB°3E°1911151319.123, NOLL3Nflt' Ud tM ..- , i;t ft #: =s -a f ,;"�.:::. 74;! & ., i it • '..).• i . it 4! n - Hi A 1 4 Ii fl.., l _.�w..,_.. _.!i ._. __ cc w d s �.rw�ww'w wt L IX v•___s -w m 1 }/ -0 g; _ . . .ai L/ # N - 2 2 - EXISTING FACILITIES - CONVENTION CENTER, 2ND FLOOR EXHIBIT A -3 - EXISTING FACILITIES - ARENA, 1ST FLOOR EXHIBITA4 - 1 i _.: _ is1 ■s pion mop s s sw4 ■� r- 1IF jei Ni1114 I wini� ire S a S :IL., i :1.4. ki . ki, z s. .. .... S -2 XH1BIT A -5 - EXISTING FACILITIES - ARENA, 2ND FLOOR II 1111111111M11111111111 , 11111111;113M;;N 11111111 "":311:1 11/1 i•NIA::::=11111111 11170141 01 II II II 11 I I= II II II 11 11 0 1 11111 .1 7(i 11 111 11 11 111 II = ARENA, 3RD FLOOR " : ' -6 - EXI TING FACILITIES -256- 1 Scoreboard Wall C.) rTh ur) r-T1 (1) 0 m uth ed in Black rvices Premises C. 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I ■1 ■ ■1■1■1141i1Euuuui1■1 —259 Exhibit B — 3 Foodservices Premises Arena Third Floor 0 D. c ksytari 1=1 SEI:ENA O rW co rn 0 rn 74.17 i C2LI GO :1 Lrt TO AAIENA SHORELJNE BLVD �•-I irk .4. • ,F Lam` -_ - -, s —260— Exhibit B-� Foodservices Premises Convention Center First Floor HARBOR EW ROO S (C225) \rn El ERE CORRIDOR O. • BAYVIEW PREFUNCT1ON Exhibit B Foodservices Premises Convention Center Second Floor -262- v) I-- 0 ..._i Lv z Y CC c-) I- CO 2 X w 21 cI•ri' COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Police Resource Allocation Study presented by Etico Solutions. STAFF PRESENTER(S): Name TitlelPositlon De . artment M. J. Walsh 1. 2. 3. OUTSIDE PRESENTER(S): Acting Chief of Police Police Name TitlelPosition Or anization 1. Tim Freesmeyer 2. 3. Etico Solutions BACKGROUND: Etico Solutions was awarded a consulting contract by City Council on February 26, 2008 to conduct a comprehensive resource allocation study of the Corpus Christi Police Department. REQUIRED COUNCIL ACTION: No action required M. J. Walsh Acting Chief of Police rnifriecctex,ps.coni2 886 -2604 Supplemental Information a -265- 1 of Executive Summary The Corpus Christi Police Department is an agency that appears to have been molded and organized over the last decade based on circumstances, personalities, and legacy decisions. When the study team first arrived in Corpus Christi for the initial on- site visit, we were told that Corpus Christi is a "large city" that believes it is a "small town." To address their diverse population and wide- ranging demand for services, the CCFD has created various specialty units: Many division, such as investigations, have been broken into smaller sub -units with a more narrowed focus. This appears to have been a gradual process of change over a long period of time, quite possibly out of necessity. While these sub -units and specialty units may have been successful in solving the problems of the individual divisions, they do not appear to have been made consistently with a holistic view of an overarching set of police department goals and objectives. The result of such gradual and localized changes is an agency that appears to be pulling itself in multiple directions simultaneously without an orchestrated strategic charge. Uniformed Directed Patrol Officers are working in specialty divisions, with proactive assignments, while uniformed Beat officers are working in the Patrol Division answering calls for service. Both units are on the street at the same time, both units are wearing the same uniform and driving police vehicles, yet they are reporting to different commanders and are under two separate missions. Directed Patrol officers are given a large amount of proactive time and are tasked with problem solving and proactive enforcement. Beat officers are given little proactive time and are tasked with answering calls for service in a timely manner and preparing police reports. Multiple outcomes could arise: Resentment, jealousy, or simply a lack of communication could begin to arise between the patrol officers and the officers in specialty units when patrol units begins to spend the majority of their time in a reactive mode while specialty units appear to be given greater latitude and discretion with their patrol time. It is possible that citizens may easily confuse the proactive officers with the reactive officers and not understand why a police officer would drive by their location as they wait for another officer to arrive to take their information for report. To the average citizen, there is no distinction in the officer's missions and an officer who refuses to stop to help could be viewed negatively. As databases were analyzed and employee availability was being determined, the team found that budgetary lines within the agency were very misleading. Many employees were being paid from one budget line but reporting to a supervisor operating from a separate budget line. As the study progressed, we found that many of the reasons behind the current reporting structure were either due to personality conflicts or simply because `pit has always been that way." Late in the study, it was discovered that for the last 10 to 15 years, the agency had no articulated, measurable, and obtainable goals for the divisions to strive for. Just recently, a set of four goals were defined but the attainment of the goals was qualitative and not quantitative and many supervisors were not even aware that they existed. 2 of Without goals to strive for and measure against, the various divisions were allowed to merely exist as opposed to reaching a certain level of performance. After careful review of the Central Information Division and MetroCom Divisions, the team noticed that long - term strategic plans and continual process improvement seemed to be lacking. While the division managers were striving to do their best with the resources that were made available to them, there was inconsistent direction from the top of the organization. Support Services Commanders who oversee these two divisions are rotated in and out of the position every two years and may not be investing as strong an interest in civilian support positions as they would on sworn enforcement operations. The study team soon came to the realization that simply adding more people to an organization that is not efficiently structured was not in the best interest of the City. After studying the current organizational chart, examining the methods in place throughout the organization to hold employees accountable for their work output, and p viewing the way resources were scattered throughout the agency, the team was convinced that a complete reorganization was needed. The reorganization would also place less direct reports to the chief and would better utilize and strengthen the mid - level managers. As more resources were placed at their disposal, greater accountability is placed upon them to provide results. The methodologies used for Patrol analysis in this study were based on the Police Personnel Allocation Manual, (PAM) published in 1 993, by the National Highway Traffic Safety Administration. The PAM model remains as the definitive process for data -based staffing analysis and has been endorsed by top law enforcement organizations since its introduction. MetroCom was analyzed using the RETAINS methodology published by the Association of Public Safety Communications Officials (APCO), in cooperation with the University of Denver Research Institute. Ail other divisions were examined based on any quantitative data available. In several divisions, where data was not available, the research team implemented a data collection process to gain a better picture of job tasks that created work for employees. ,In a few divisions, quantitative data was simply not available so comparative data had to be provided for consideration. The largest staffing problems observed in this study were in the MetroCom and Uniform Patrol Divisions. The MetroCom center is undoubtedly understaffed and it is effecting the existing employees in a very negative way. Mandatory overtime is extremely high and is believed to be the main cause of the high turnover rate of 20.65 %. Over the last three fiscal years, approximately 18% of call - takers and dispatchers were in training at any given time and unable to work a console on their own without a trainer beside them. officers in the Uniform Patrol Division are spending an average of 43 to 45 minutes per hour on obligated activities. This leads to an increased amount of time out of their assigned beat and longer response times for the citizens. it also creates a longer time span between consecutive passes while officers are on routine patrol leaving more opportunity for criminal activity to go unobserved. The officers are currently working a 10-hour shift with 4 on -duty days followed by 3 off -duty days. It has been our past experience that 10-hour shifts are often one of the most inefficient shifts since 3 10-hour shifts cannot be spaced evenly in a 24 hour day. 3 of 3 In addition, among the 25 current shifts there are 14 different start times throughout the day. The research team has made a recommendation for a 12 -hour shift schedule that will provide more efficient coverage on the streets, better time off for the officers, and will reduce the number of start tunes from 14 to This study was the first step in a continual process of improvements related to staffing and deployment practices. Several data sources that were needed for the models were either unavailable or uncollected. This is usually the norm, not an exception, when a data - driven process is introduced to an organization for the first time Data collection methods that were non - existent er marginal in their utility were evaluated by this research team and documented in this final report. As such data collection methods are addressed and improved by the agency, the results of this staffing model are expected to gain greater depth and accuracy. Thus, it is important for the reader to 3place a greater emphasis on the methodology and collection practices of this process in the first several years than on the final numbers that are produced. The recommendations contained in this report are not given as a finite number based only on the data at the time the study was conducted. This study presents a fluid model that indicates appropriate staffing levels based on historical workload data, time - off policies, and performance decisions made by CCPD Administrators and City Administrators. Using this model, the CCPD can select a "level of service" for the city based on the amount of proactive time per hour available to the patrol officers. Based on the staffing levels chosen, the model provides a number of tangible metrics that can be used to evaluate the return on investment when additional officers are added to the patrol component. As stated earlier, the primary basis of this study was on multiple years of CAD data, officer leave data, and any additional documentation we could find. Additional information was reviewed and considered as it was brought to the attention of the researcher. However, it is impossible for data alone to adequately convey all characteristics of a particular agency or jurisdiction. While great care was taken to analyze each type of call and each section within the city, data alone cannot replace the experience and observations of a command staff that has served the City of Corpus Christi for many years. The staffing, scheduling, and policy recommendations provided in this report are based on best practices in the discipline of resource allocation and resource deployment. Such recommendations must now be filtered through the experience and expertise of the command staff within the Corpus Christi Police Department. A recommended schedule that optimizes deployment from a quantitative perspective may not provide the level of officer or citizen safety that is expected from the citizens when viewed from a qualitative perspective. In such situations, deviation from the stated recommendations may be appropriate. Therefore, the results of this study are recommendations for consideration, a tool to be used in determining staffing levels and deployment of police personnel. ' 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council Presentation on Funding of Wastewater Treatment Plant Expansions STAFF PRESENTER(S): Name TitIe/Position _ Department 1. Juan Perales, Jr. Interim Asst. City Manager Development Svcs. OUTSIDE PRESENTER(S): Name 1. N/A ISSUE: Title /Position Or anization During the City Council meeting of August 26, 2008, during a workshop on developer . trust funds and other infrastructure financing issues, staff was directed to "develop recommendations on how to pay for wastewater treatment plant expansion, including impact fees and other alternatives, taking into consideration the impact on' ratepayers ". Wastewater treatment plant expansions in the City of Corpus Chrsti are currently funded using utility revenue bonds, which are repaid over time from a portion of the City's wastewater utility rate revenues. This distributes the cost of providing wastewater treatment for new development among all wastewater utility customers. Other cities within the state use either this method of financng or impact fees. Impact fees and their statutory requirements are discussed in the State of Texas Local Government Code Chapter 395, Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments. Impact fees allow municipalities to assess new developments a prorated "share" of the capital costs associated with constructing the wastewater treatment facilities necessary to provide service to these properties. This presentation is intended to provide an overview of impact fee requirements and processes, as well as a comparison to the current method of financing through utility rate revenue bonds. -271- REQUIRED COUNCIL ACTION: None. \lattit ,/(0,4 Juan Perales, Jr., P.E. Interim Asst. 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L CU CD_ L CU CU >- CD > Li= ti au +-) 0_ 0 73 co .(f) ca 0_ (/) +-; c a) E au 0 L QC C . a) cu LL U co Q ›- L co E a) i a_ 4-) q— c o a) E c 4-) o fa a) co L_ txo 4-) L L cu a) 0_ 4—) fa oo a) -v)- 4--) (f) fa co >, 'cu + -) 1 ox • O L to o_ E o_ co lO, T c cu L_ co CU U N i 0 -0 N ca CO 0 0 V 0 •_ v) f6 Q X N 0 • _ co 73 a) b.13 f6 43 f6 0 73 a) (f) ca _0 5: 4--; • U f6 Q f6 0 CO 4—, (i) E N L cu f6 cu 4-) v) co 0 .4z c/'1 N E O -0 -0 L_ ca -0 ca 4-) v) CC w U I- CD 0 L CD Q CD -d N N C 0 L- CD Q L- CD Q c0 73 L- a) Q (1) 0 CO MI 0 0 0 CD co E .47) (1) CD v E • _ X O L Q Q co N _0 73 O 0 0 0 • _ v) ca 0_ x au 4-) au E 4-) ca au L_ 4-) ca 4-) • _ 0_ ca 0 O O oo -(1)- co . 47) i cu -0 • _ v) cu i • _ E fa co cu MI U 0_ maximum fee cu L 0 bin 0 ca 0 ..--) f3 cu L U c:::) O L.r.) N E cu L_ • _ 0- cu L_ +-) • _ N 0 i cu i CD Q a) E E 0 U L. 0 co -0 v) 0 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council Update on the Adoption of the Unified Development Code STAFF PRESENTER(S): r, Name Title/Position __ Dpartment 1. Juan Perales, Jr. Interim Asst. City Manager Development Svcs. OUTSIDE PRESENTER(S): Name 1. N/A ISSUE: ,. :ritIeLPositIoit Organization The City of Corpus Christi currently manages new development using a number of separate documents, including the Platting Ordinance, Zoning Code, Driveway Ordinance, and Landscape Ordinance, for example. There has been no significant update of these documents since the early to mid 1990's. It is common practice at this time for municipalities to adopt comprehensive unified development codes to manage new growth within their jurisdictions. These comprehensive documents allow for better coordination of the various ordinance requirements and serve as a much more effective and efficient tool for both staff and the development industry. Staff, in cooperation with various representatives of the signing, development, building, property management, engineering, and architecture industries, has completed the final draft of the City's proposed Unified Development Code, and is currently developing an action plan for the formal adoption of the document. This presentation is intended to provide Council with a summary of this action plan, as well as provide a venue for additional related discussion. REQUIRED COUNCIL ACTION: None. C/4aL Jean Perales, Jr., P.E. Interim Asst. 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