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Agenda Packet City Council - 10/13/2009
� )� .����. �... � - �� ; � ® � Icy *I* �j 11:45 A.M. - Proclamation declaring October 14, 2009 as "Junior League of Corpus Christi Day" Proclamation declaring October 16 -18, 2009 as "49th Annual Texas Jazz Festival Days" Proclamation declaring the month of October 2009 as "Disability Employment Awareness Month" Proclamation declaring the week of October 25 --- November 1, 2009 as "Navy League of the United States Week" Commendation: "In Recognition of Our Legislative Delegation's efforts on behalf of the citizens of Corpus Christi during the 81st Legislative Session of Texas" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 13, 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. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree que su ingles es llmitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Rabbi Kenneth D. Roseman, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Angel Chris N. Adler City Manager R. Escobar Brent Chesney interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kiesch n i ck Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting October 13, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of September 29, 2009. (Attachment # 1) F. 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 fisted 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 Section 551.071, 551 .072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. 3. Executive session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 09-61260-4; in the County Court at Law Number Four, Nueces County, Texas with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) 4. * Clean City Advisory Committee * Commission on Children and Youth * Community Youth Development (73415) Program Steering Committee * Ethics Commission * Museum of Science and History Advisory Committee * Nueces County Tax Appraisal District * Regional Health Awareness Board * Senior Companion Program Advisory Committee * Sister City Committee Agenda Regular Council Meeting October 13, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) H. 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. 1. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 5. Motion approving the purchase of 5,300 feet of 8 -inch wrapped steel pipe in accordance with Bid Invitation No. B1- 0027 -10 from Texas Pipe and Supply, of Corpus Christi, Texas based on low bid meeting specifications for a total of $72,504. The pipe will be used by the Gas Department and purchase with Capital Improvement Program (CP) Funds. (Attachment # 5) 6. Motion approving a supply agreement with A. Y. McDonald Manufacturing Co., of Dubuque, Iowa for approximately 6,625 gas meter valves ranging in size from 1 -inch to 1 1/2 -inch in accordance with Bid Invitation No. B1-0232-09 based on low bid for an estimated annual expenditure of $123,338.25 of which $92,503.58 is budgeted in FY 2009 -2010. The tern of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to Agenda Regular Council Meeting October 13, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2009 -2010. (Attachment # 6) 7. Motion approving a supply agreement for 540 tons of liquid chlorine and 2,930 tons of liquid caustic soda with DPC Industries, Inc., of Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI- 0003 -10, based on low bid for an estimated six -month expenditure of $531,637.50. The term of the contracts will be for six months with options to extend for up to nine additional six -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009 -2010. (Attachment # 7) 8. 9. a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $42,536 and to execute a contract and all related documents with the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program Fire Prevention and Safety Grants with a cash match of $10,634 for a total of $53,170 to purchase fire prevention educational supplies and equipment. (Attachment # 8) b. Ordinance appropriating $42,536 from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program -- Fire Prevention and Safety Grants, into the No. 1060 Fire Grants Fund with a cash match of $10,634 for a total of $53,170 to purchase fire prevention educational supplies and equipment. (Attachment # 8) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $256,634 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under an established Interlocal Agreement and to execute all related documents. (Attachment # 9) Agenda Regular Council Meeting October 13, 2009 Page 5 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $256,634 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1 061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County. (Attachment # 9) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1 00,964.38 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 10 with a city cash match of $42,088.74, in -kind match of $16,800 for a total project cost of $159,853.12 and to execute all related documents. (Attachment # 10) b. Ordinance appropriating $'100,964.38 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $42,088.74 from the No. 1020 Cash contribution to grants and appropriating it in the No. 1 061 Police Grants Fund as grant matching funds. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute an extended Maintenance Agreement with Positron Public Safety Systems Inc. in the amount of $269,457.23 for hardware and software support services on the Emergency 911 System. The term of the contract is five years. (Attachment # 11) 12. a. Resolution authorizing the City Manager or his designee to accept a grant of $41,667 from the Texas Department of State Health Services for personnel costs and other expenses to fund a hospital preparedness program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2009. (Attachment # 12) b. Ordinance appropriating a grant of $41,667 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to fund a hospital preparedness program relating to a plan for responding to an act of terrorism. (Attachment # 12) Agenda Regular Council Meeting October 13, 2009 Page 6 13. 14. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a grant of $1 80,351 from the Texas Department of State Health Services for personnel costs, equipment, and other expenses to fund a public health preparedness program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2009. (Attachment # 13) b. Ordinance appropriating a grant of $180,351 from the Texas Department of State Health Services in the No. 1056 Health Grants Fund to fund a public health preparedness program relating to a plan for responding to an act of terrorism. (Attachment # 13) a. Resolution authorizing the City Manager or his designee to accept a grant of $35,000 from the Coastal Bend Council of Governments (CBCOG) and to execute an Interlocal Agreement to provide recycling and anti - litter education. (Attachment # 14) b. Ordinance appropriating a grant of $35,000 from the Coastal Bend Council of Governments, in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education. (Attachment # 14) 15. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $400,000 with a minimum 20% in -kind match to the State Energy Conservation Office for a Compressed Natural Gas (CNG) alternative fuel technology assistance grant and to execute all related documents. (Attachment # 15) 16. Ordinance authorizing the City Manager or his designee to execute a five year Fiber Optic Use Agreement between City of Corpus Christi and Telwest Network Services, Inc. for use of a single pair of fiber optic cable connections. (Attachment # 16) Agenda Regular Council Meeting October 13, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Resolution approving and authorizing execution of an Investment Agreement for participation in the Lone Star Investment Pool, designating the Pool as an Agency and instrumentality, approving investment policies of the Pool, appointing authorized representatives, and designating investment officers. (Attachment # 17) 18. Ordinance abandoning and vacating a 4,670.17 square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1B, located south of the Holly Road public right -of -way, and east of and adjacent to the Nodding Pines Drive public right -of -way; requiring the owner, Holly Airline 200, Ltd., to comply with the specified conditions. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a rofessional engineering services contract with Jacobs p Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $75,400 for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council acceptance and ordinance appropriating the funds and (3) Motion to authorize the City Manager or his designee to execute an amendment to the Agreement to authorize the fees for Task Orders 2 & 3. (Attachment # 19) 20. Resolution approving the first amendment to Corpus Christi Business and Job Development Corporation's agreement to grant business incentives to Turner Industries Group, LLC, for the creation of jobs. (Attachment # 20) J. PUBLIC HEARINGS: ZONING GASES: 21. Case No. 0809 -05, Double T & C Properties, Inc.: A change of zoning from an "AB" Professional Office District to a "B -4" General Business District resulting in a change of land use from vacant parking lot to commercial retail on property described as 1.463 acres out of 5.294 acres of the King Square Addition, Lot 3, generally located on the northwest side of McArdle Road, approximately 1,040 feet from Staples Street. (Attachment # 21) Agenda Regular Council Meeting October 13, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Approval of the "B -4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Double T & C Properties, Inc., by changing the Zoning Map in reference to 1.463 acres out of 5.294 acres, of Lot 3, King Square Addition, from "AB" Professional Office District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. PLATTING ORDINANCE FEE EXEMPTION: 22. Public hearing to consider and Ordinance exempting London School Tracts, Lot 3 Subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.I} of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. (Attachment # 22) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23. Motion approving service agreements with the following companies for the following amounts for temporary staffing services in accordance with Request for Proposal Number BI- 0076 -09 for an estimated two year expenditure of $5,933,327.70 of which $2,224,997.89 is required for the remainder of FY 2009 -2010. The term of the service agreements will be for two years with an option to extend for up to two additional twelve- month periods subject to the approval of the suppliers and the City Manager or his designee. This service will be used by all City departments. Funds are available in the using departments' Operational Budgets in FY 2009 -2010 and will be requested for FY 2010 -2011. (Attachment # 23) Unique Employment Professionals Corpus Christi, TX $5,195,040.77 L.K. Jordan & Associates Corpus Christi, TX $523,255.32 Agenda Regular Council Meeting October 13, 2009 Page 9 Advance'd Temporaries, Inc. Tyler, TX $42,1 75.74 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Express Employment Professionals, Corpus Christi, TX $137,292.38 Manpower Professional Services, Inc. Milwaukee, WI $35,555.55 GRAND TOTAL: $5,933,327.75 24. Motion approving the 2009 Property Tax Levy of $80,054,072.52 based on the adopted property tax rate of $0.563846 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. (Attachment # 24) 25. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University -- Corpus Christi for development of the Coastal Bend Business innovation Center, a Business Incubator, which grants $1,500,000 for the costs of rehabilitating the existing improvements and constructing the business incubator at 800 Ayers, including the purchase of fixtures, furnishings, equipment, and personal property; and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A &M University — Corpus Christi Business Incentive Agreement. (Attachment # 25) 26. Ordinance ratifying the execution of a Memorandum of 27. Agreement with the Texas Commission on Environmental Quality (TCEQ) and the U. S. Environmental Protection Agency (EPA) in order to provide emergency use of space at the Corpus Christi international Airport at no cost in case of a disaster which renders the TCEQ Region 14 offices unusable. (Attachment # 26) a. Ordinance appropriating a $250,000 grant from the Department of Energy in the Fund No. 1 071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. (Attachment # 27) Agenda Regular Council Meeting October 13, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $200,000 for a restated not to exceed fee of $250,000 to the Professional Services agreement with HDR Engineering of Corpus Christi, Texas for preparation of an Energy Efficiency Conservation Strategy and Community Sustainability Plan to satisfy Department of Energy requirements for the City of Corpus Christi to receive an Energy Efficiency Conservation Block Grant. (Attachment # 27) L. PRESENTATIONS: (To be considered at approximately 1:30 p.m.) Public comment will not be solicited on Presentation items. 28. Port of Corpus Christi Authority Annual Update (Attachment # 28) 29. Commission on Children and Youth Quarterly Report (Attachment # 29) 30. Presentation of Logo Selection and Mascot for Community Pride Campaign (Attachment # 30) 31. Refinery & Petrochemical Industry Presentation (Attachment #31) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: cLA'N cc Agenda Regular Council Meeting October 13, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, - ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. 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 fC p.m., on October 8, 2009. aijiAlv1o&f mot) Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com, on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1241 LEOPARD ST. aCTGBER 13, 2409 12:44 P. M. PUBLIC NGTICE is hereby given pursuant to Texas open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: F. EXECUTIVE SESSIGN: 3.1. Executive session under Texas Government Code Section 551.012 to deliberate the purchase of real property, since the deliberation in an open meeting could have a detrimental effect on the position of the governmental body in negotiations with a third person. I. REGULAR AGENDA: 21.1. a. Motion authorizing the City Manager to execute a Deferment Agreement with Senior Quality Lifestyles Corporation, Developer}, in the amount of $1,101,298.59 for public improvements including construction of water, wastewater, paving, and drainage improvements for The Village at Timbergate Unit 1, located south of Timbergate Drive and east of South Staples Street ~FM 2444}, in accordance with the Platting ordinance Section V -Required Improvements, Subsection A. 3. b}, contingent upon receipt of an acceptable form of financial document compliant with City requirements. b. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Senior Quality Lifestyle Corporation, developer of The Village at Timbergate Unit 1, located south of Timbergate Drive and east of South Staples Street ~FM 2444}, for the extension of an 8-inch collection line, including all related appurtenances. c. ordinance appropriating $32,321.91 fromthe No.4220 SanitarySewer Collection Line Trust Fund to reimburse Senior Quality Lifestyle Corporation, for the extension of an S-inch collection line, including all related appurtenances for development of The Village at Timbergate Unit 1, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. d. Motion authorizing the City Manager to execute a Development Contract with Senior Lifestyles Corporation ~Developer~ for the construction of Timbergate Drive and the drainage ditch that will serve the tract of land along the north side of Timbergate Drive. PASTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to Cit HaI1,1201 Leo and Street, at ~~D p.m., on October Y p 9, 2009. C~ rmando Chapa City Secretary City Council Goals 2009 -2011 :LA'N c&.. Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 29, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin . Kiesch n ick Priscilla Leal Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Ceven C. Cullens, Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kiesch n ick. 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 meeting of September 22, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame announced the following executive session, which was listed on the agenda as follows. Mayor Adame also announced that he and Council Member Chesney would not be attending the closed session or participating in these discussions. 2. Executive session under Section 551.071, 551 .072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. Mr. Adame stated that Executive Session, Item No. 3 would be considered at the end of the meeting. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * Minutes -- Regular Council Meeting September 29, 2009 — Page 2 Mayor Adame referred to Item 4 and the following board appointments were made: Arts and Cultural Commission Joseph B. Schenk (Texas A &M -CC) — Reappointed Heidi Hovda (Business Dev) — Reappointed Joye LaBarrett (Marketing) — Reappointed Jilissa Cotton (Dance) — New Appointment Corinne Valadez (Education/Youth) — New Appointment Brian Honigbaum (Civic Leader) — New Appointment Barry Brown (Economic Development/Tourism) — New Appointment Dianna Bluntzer -Dura (Public Art /Public Space) — New Appointment * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 5 — 11.1). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2009 -278 Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,291.82 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 10 with a City cash match of $19,578, in -kind match of $4,000 for a total project cost of $112,869.82 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.b. ORDINANCE NO.. 028319 Ordinance appropriating $89,291.82 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,578 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. RESOLUTION NO. 028320 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2009 -2010. Minutes — Regular Council Meeting September 29, 2009 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 6.b. ORDINANCE NO. 028321 Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1 067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.c. RESOLUTION NO. 028322 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack -- Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7 ORDINANCE NO. 028323 Ordinance repealing Ordinance No. 027699 related to setting up a Storm Water Utility System. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 8 ORDINANCE NO. 028324 Ordinance authorizing the City Manager, or his designee to extend the lease with Landry's Seafood and Steakhouse - Corpus Christi, Inc. ("Landry's) to operate a restaurant barge on People's Street T-Head to extend the term until December 31, 2009, with payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 3 Minutes -- Regular Council Meeting September 29, 2009 — Page 4 9. MOTION NO. 2009 -279 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas in the amount of $83,000 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10.a. ORDINANCE NO. 028325 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding City Council's Youth Advisory Committee. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.b. MOTION NO. 2009 -280 Motion confirming the appointment of primary and alternate members to the City Council's Youth Advisory Committee, as recommended by area High School Principals. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11. ORDINANCE NO. 028326 _Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1 341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. An emergency was declared and the foregoing ordinance was passed and approved on its second reading: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.1a RESOLUTION NO. 028327 Resolution authorizing the City Manager or his designee to accept a grant of $241,537 from the Texas Department of State Health Services for personnel costs and other expenses to fund an immunization program for children, adolescents, and —4— Minutes — Regular Council Meeting September 29, 2009 — Page 5 adults with special emphasis on children two years of age or younger, and to execute all related documents; and ratifying acceptance of the grant agreement to begin September 1, 2009. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11.1b ORDINANCE NO. 028328 Ordinance appropriating a grant of $241,037 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * Mayor Adame referred to the Regular Agenda and opened discussion on Item 12, regarding Change Order No. 11 for the Bayfront Development Implementation Plan — Phase 1 Improvements. Mr. Pete Anaya, Director of Engineering Services explained that the change order consisted of the following major items: wind turbine modifications, interactive water feature, kiosklrestroom building, and miscellaneous items. He explained that the wind turbines modification adds several components including foundation, halo stabilizer, wind break system, an anemometer, and increased shaft size; the interactive water feature modifications include an emergency overflow system to ensure that electrical components and controllers will not be damaged during extreme heavy rain; kiosks /restroom item is for additional drain pipes and curtainwalls; and the miscellaneous item is a deduction in the amount of $14,130.43. The reason for the reduction is because they will be using diamond cut pavers instead of the laser cut pavers. In response to a question by Council Member Martinez about the net affect for this project, Kevin Stowers, Assistant Director of Engineering stated that they are within the project funding provided by the council of approximately $300,000. There were no comments from the audience. City Secretary Chapa polled the council for their vote as follows: 12. MOTION NO. M2009 -281 Motion authorizing the City Manager or his designee to execute Change Order No. 11 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas, in an amount not to exceed $321,725.08 for a restated not to exceed contract amount of $15,228,511.94 for wind turbine modifications to achieve 120 MPH wind load rating, various modifications associated with the interactive water —5— Minutes — Regular council Meeting September 29, 2009 — Page 6 feature, minor kiosk/restroom building modifications, and miscellaneous other changes for the Bayfront Development Implementation Plan — Phase 1 Improvements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mr. Escobar announced that Item No. 13 was being pulled from the day's agenda. Mayor Adame opened discussion on Item No. 14, related to approving the Revised Project and Financing Plans for the Reinvestment Zone No. Two, City of Corpus Christi, dated September 29, 2009. Irma Caballero, Director of Economic Development stated that they are asking for approval of the revised Project and Financing Plan for the Reinvestment Zone No. 2, as recommended with the amendments made, by the North Padre Island Development Corporation and adopted by Tax Increment Reinvestment Zone No. 2. Mr. Caballero added that during the North Padre Island Development Corporation (NPID) meeting earlier in the day, the board removed the construction of Zahn Road and placed the condition on the ADA ramps; and the Tax Increment Reinvestment Zone No. 2 (TIRZ) board approved the six -pack subject to the $4.7 million that was available. She added that this was a three -part process, the NPID submits the recommendations to the TIRZ, this board then adopts the plan and submits it to the city council for approval. Ms. Caballero read the changes made to the plan under the Packery Channel Project Area Improvements, Subject to the availability of the estimated $4, 700, 000 in the TIRZ #2 tax increment fund, construction of Phase 2 -- 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as Packery Channel "Six Pack, " which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 2 — 7 is shown in Exhibit H. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces forparking for the disabled on the beach at the ends of the ADA ramps. She stated that the following statement was added: Installation of aids to navigation along Packery Channel, which are estimated at approximately $100, 000. Mr. Scott commented that there are sections of the seawall where there is not a lot of sand and asked if there are other ways to accumulate sand in that area. Mr. Escobar responded that there is a FEMA grant working through the process to help restore the beach in front of the seawall. A discussion ensued and Ms. Caballero stated that they plan to bring back to Council a plan to include timelines, project lists and additional information received from the General Land Office in early November. Mayor Adame called for public comments, Johnny French, 4416 Carlton, spoke about several issues and offered recommendations related to this item. 6 Minutes --- Regular Council Meeting September 29, 2009 -- Page 7 A motion was made by Ms. Martinez and seconded by Mr. Chesney to amend the ordinance to accept the corrected plan, and passed. City Secretary Chapa polled the council for their votes as follows: 14. Ordinance No. 028329 Ordinance approving the revised Project and Financing Plans for the Reinvestment Zone Number Two (No. 2), City of Corpus Christi, dated September 29, 2009, that were adopted by the Board of Directors of Reinvestment Zone No. 2, City of Corpus Christi, upon the recommendation of the Board of Directors of the North Padre Island Development Corporation. An emergency was declared and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez and Elizondo "Absent ". * * * * * * * * ** Mayor Adame referred to the presentations on the day's agenda. Mr. Adame announced that Item No. 15, a Quarterly Report by the Commission on Children and Youth was pulled from the agenda. The next presentation was an update on the Garwood Pipeline Project. Mr. Oscar Martinez, Assistant City Manager provided an overview of the project including the background; total costs to acquire the rights was $'14 million for the acquisition and $3 million for the reservation of the rights, for a total cost of approximately $17 million; identified the two routes (north and south), both have intakes points near Bay City, both connect to the Mary Rhodes Pipeline; submittal of the preliminary loan application to the Texas Water Development Board and that the final application is due in mid - October for approximately $8 million for engineering and permitting; financing plan for council consideration scheduled for December; construction anticipated to take two to three years; timeframe in current plans is 2020 to 2030; four stage route plan ready to be implemented; continue to monitor desalination technology; and evaluating Aquifer Storage Recovery as a resource effort in the future. Mr. Kieschnick asked if the city had looked into further dredging out the reservoirs during periods of low water, and Gus Gonzales, Director of Water responded that the cost per acre foot is substantially more than Garwood. In response to a question from Council Member Leal, Mr. Martinez stated that the cost for desalination is $1,300 per acre foot for desalination compared to access Garwood water at $500 per acre foot. Mr. Scott asked that staff provide a copy of the latest report from the Regional Water Planning Group on area water projects. * * * * * * * * * * 7 Minutes — Regular Council Meeting September 29, 2009 — Page 8 Mayor Adame called for petitions from the audience. Leon Lopez, South Texas Colon is initiatives, spoke about adoption of the Model Subdivision Rules by the city, referred to a map depicting the Colonias; Eddie Salazar, invited the Council to the "Community Connections" scheduled for October 7, 2009, 8:30 am to 12 :00 pm, several agencies to provide networking opportunities; Joan Veith, 5701 Cain Drive, stated that the Barrios Association meeting scheduled October 5, 2009 is being re- scheduled for October 12, 2009, Acapulco Restaurant, at 6:30 pm and will include a presentation on the recycling program; Glenda St. John, 4310 Wandering Creek, spoke about flooding problems at her home and the need for additional storm drains. Jerry Garcia, 3800 Goliihar, spoke about the distribution of funds for city parks. He spoke about the need for improvements in the Westside area and Southside Pony League. Mr. Chesney stated that between 2000 - 2008 the west side area received $4.1 million dollars for park improvements. Wilson Wakefield, 6026 Killarmet, spoke in opposition of Las Brisas Plant; Nita Smith, 13518 King Phillip Court, spoke regarding the plans for the Memorial Coliseum. * * * * * * * * * Mayor Adame announced the following executive session, which was listed on the agenda as follows. 3. Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible action related thereto in open session. The council went into executive session. The council returned from executive session. The following motion was made Mayor Adame and seconded by Mr. Elizondo. City Secretary Chapa polled the council for their votes: 3. Motion giving City Manager Angel R. Escobar a vote of confidence. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott "Absent ". * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 7:00p. m. on September 29, 2009. * * * * * * * * * * * ** 2 ■ ■ ■ ■ ■ NO ATTACHMENT FOR THIS ITEM ■ 3 NO ATTACHMENT FOR THIS ITEM 4 a. CLEAN CITY ADVISORY COMMITTEE — One (1) vacancy with term to 7 -8 -11 representing the following category: 1 - Beautify Corpus Christi Association. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE Paul A. Castorena (Educator) 07 -08 -10 07 -08 -08 Scot McCampbell Barker (Chamber) 07 -08 -10 06 -09 -09 Brian Cornelius (Hauler) 07 -08 -10 07 -08 -08 *Daiquiri Richard (Beautify), Chair 07 -08 -09 07 -08 -08 Paige Dinn (Comm. at Large) 07 -08 -10 07 -08 -08 John Elford (Comm. at Large) 07 -08-11 07 -08 -08 Teresa Klein (Comm. at Large) 07 -08 -11 02 -24 -09 Mikell Smith (Comm. at Large), Vice 07 -08 -11 07 -08 -08 Joan Veith (Comm. at Large) 07 -08 -10 07 -08 -08 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non - voting (Note: The Clean City Advisory Committee is recommending the reappointment of Daiquiri Richard (Beautify Corpus Christi Association). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR — Daiquiri Richard (Beautify) 11 10 91% OTHER INDIVIDUALS EXPRESSING INTEREST Dan Wilkerson Financial Associate, Thrivent Financial. Activities include: Beautify Corpus Christi- -Board Member. (10 -8 -09) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation b. COMMISSION ON CHILDREN AND YOUTH — One (1) vacancy with term to 5-1- 10 representing the following category: 1 - Sheriff's Office. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community- -based organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD. DATES Debbie Espinosa (Health) 5 -01 -12 8 -12 -08 Miles Toren (At Large) 5-01 -12 9 -20 -05 Amanda Stukenberg (At Large) 5 -01 -10 6 -08 -04 Rosa M. Gonzalez (Social Services) 5 -01 -11 5 -13 -08 Robert Mirabal, Jr. (Religion) 5 -01 -10 5 -13 -08 Laura Spear Smith (Business) 5 -01 -11 5 -17 -05 Guy Nickelson (Youth Services) 5 -01 -12 11 -08 -05 Mary Jane Garza (Education), Chair 5 -01 -10 6 -13 -06 Lorenzo Knowles (At Large) 5 -01 -11 8 -12 -08 Isaac Valencia (Law Enforcement) 5 -01 -11 5 -13 -08 Fran Willms (Legal) 5 -01 -12 9 -25 -07 Chandace Tryon (Youth Rep.) 5 -01 -10 10 -14 -08 Rita Morales (D.A.'s Office), Vice -Chair 5 -01 -12 9 -12 -06 * * *Capt. Johnny Oelschlegel (Sheriff's Office) 5 -01 -10 3 -11 -08 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 (Note: The Sheriff's Office is recommending the new appointment of Lieutenant Tara Rene Martin). Legend: *Seeking reappointment **Not seeking reappointment ** *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUAL EXPRESSING INTEREST Tara Rene Martin Patrol Lieutenant, Nueces County Sheriff's office. Received Associates Deuce in Criminal Justice from Del Mar College. Activities include: Local Emergency Planning Committee, Corpus Christi Citizen's Advisory Council, Fraternal Order of Police Lodge 27, Nueces County Sheriff's Employee's Association, Nueces County Sheriffs Officer's Association, and CBCOG Public Protection Committee. Recipient of 1989 Officer of the Year. (10- -6 -09) c. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING, COMMITTEE - Two (2) vacancies with terms to 8 -31 -10 representing the following categories: 1 — 78415 Zip Code Resident and 1- Youth. (Youth member must be active in Youth Action Committee.) DUTIES : To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is em ' lo ed b the Fiscal A + ent Ci of Cor s us Christi or an organization submitting a proposal for funding through the CYD Program, or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE, Fr. Peter Martinez (78415 Res.), Vice Chair 8 -31 -10 2 -19 -08 ** *Katie Ann Childs (78415 Resident) 8 -31 -10 2 -24 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 Jean Marie Giegerich 8 -31 -10 6 -09 -09 Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -11 1 -16 -07 Rick Greenfield 8 -31 -11 2 -24 -09 Rosa E. Pizzi (78415 Resident) 8 -31 -11 8 -18 -09 Jim Boller III 8 -31 -10 2 -19 -08 ** *Nadia Contreras (Youth) 8 -31 -10 11 -18 -08 Xiao Bohannon (Youth) 8 -31 -11 11 -18 -08 (Note: The Youth Action Committee is recommending the new appointment of Belissa Perea (Youth). Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST Belissa Perea Maria Clarissa Lopez Belinda Mendiola Senior, Moody High School. Activities include: Youth Action Committee, Moody High School Choir- President, and Corpus Christi Cathedral Youth Choir. (Youth) (9-24 - 09) Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (78415 Resident) (528-09) Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (78415 Resident) (10- 30 -08) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (78415 Resident) (10-649) Norma Solis Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (78415 Resident) (5- 28 -09) Jesus M. Trevino Currently attends College. (78415 Resident) (8- 26 -09) Angelia Valencia Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (78415 Resident) (12-5-08) d. ETHICS COMMISSION — Three (3) vacancies with terms to 10 -1 -12. (Requires 2/3 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two - thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice- chairperson. ORIGINAL MEMBERS TERM APPTD. DATE *Linda Figueroa 10 -01 -09 05 -10 -05 *****Harlan Heitkamp 10 -01 -09 11 -11 -03 William Strawn 10 -01 -11 06 -09 -09 Rebecca Esparza 10 -01 -11 10-14-08 Laura Hebert 10 -01 -10 11 -13 -07 * * ** *Joe Guzman 10 -01 -09 10 -14 -03 Rick Marcantonio 10 -01 -10 12 -14 -04 Robert N. Corrigan. 10 -01 -10 10 -14 -03 James Richard Cramer, Chair 10 -01 -11 10-14-03 (Note: The Ethics Commission is recommending the reappointment of Linda Figueroa and the new appointments of Melvin Bohannon and Jennifer Dragoo). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Linda Figueroa 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Melvin Bohannon Aaron Castro Laura Commons Kathleen C. Cooper Ariana Cordero Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10- 5--09) Retired, Senior Human Resources Analyst, City of Corpus Christi. Received Bachelors and Masters Degree from Texas A &I University. Activities include: Corpus Christi Police Academy Alumni and Texas State Bar Grievance Committee. Recipient of Bronze Star. (4- 20 -09) Photo Journalist, KZTV 10. Currently Student at Texas A &M University - Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (5- 11-09) Realtor, Remax Metro Properties. Graduate of Del Mar College -Real Estate License. Activities include: IWA PTA and Texas Real Estate Political Action Committee. Recipient of Women's Council of Realtors Member of the Year 2004. (9- 28 -09) Human Resources Manager, H.E.B. Grocery Company. Received B.A. in Management and M.S. in Occupational Training and Development. Graduate of Leadership Corpus Christi Class 37. (4-1 7-09) Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (103-08) Dr. Haysam D. Dawod Dentist, Dawod Dental. Received BS in Biology from Corpus Christi State University and Doctor of Dental Surgery from University of Texas health Science Center Dental Branch - Houston. Activities include: ADa, TDA, NVDDS, Rotary Club and Boy Scouts. Formerly Served on the Del Mar Board of Regents. (4- 23 -09) Jennifer Dragoo Executive Assistant, Nueces County Commissioner — Precinct One. Currently Attending College. Activities include: Tuloso- Midway Independent School District — Parent Volunteer, Nueces County Republican Women and Coastal Bend Council of Governments. (6 -5 -09) Mike Garey Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4-22 - 09) Jack Gordy Retired military. High school graduate plus one year at Del Mar College. (4.13 -09) Coretta Graham, Esq. Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. (4- 24 -09) Ida Alvarado Hobbs William Paul Hunt Charles Imbergamo 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 -49) 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) Administration, Incarnate Word Academy. Received Bachelor of Arts in Spanish, Secondary Education from Saint Joseph's College, New York and master of Arts in Educational Leadership from Saint Mary's University, San Antonio, Texas. Attended Marist Brothers of the Schools, New York. (10 -1 -09) Jacey Jetton Shon Jimenez William M. Kramer, Jr. Judith Labeck Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5-18-09) President, Metal Scene News Corp. Currently AttendiL tg Colorado Technical University Online. Activities include: Organization for Single Fathers —Child Support and CorpusChristiBayA r ea.com. (8- 31.09) Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (5- 28 -09) Received B.A. from Seattle University, Seattle, Washington, Master of Social Work (MSW) and Master of Healthcare Administration from University of Minnesota, Minneapolis Minnesota. Activities include: Former Member of City of Plymouth Minnesota Human Rights Commission. (4- 20 -09) Maria Clarissa Lopez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (5-28 - 09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1.21 -09) Peter G. Melve Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside - Business Association and Foster Parent. (3 -2-09) Ronald J. Moore Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (10.6 -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) Gerard Navarro, Jr. Keith Parker Guadalupe V. Salinas Abel A. Sanchez Michael G. San Miguel Amber Sayre Stefany Tegeler Schade Joy Ohler Stevens Sean M. Thorson Ernest M. Trevino, Jr. Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14-09) Senior Mechanical Engineer, Bath EngineeringiNoresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. (4- 23 -09) Administrative Assistant, Pathfinder Energy /Smith International. (8-- 24 -09) Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4-16 - 09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Self-Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Retired. Cashier at S afeway/Vons. Activities include: Volunteer at Heritage Park, Habitat for Humanity, and American Sailing Association. (4- 17-09) Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University, University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno -King Youth Club. (6- 2 -09) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient Good Conduct Medal, United States Air Force. (12- 26 -08) Steve Trubatisky Arthur J. Valdez Angelia Valencia Elias Valverde Greg Welch Larry L. White Real Estate Broker Associate, Realty World Island Properties. Attended Tarieton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) SAFI Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 30 -09) Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (12 -5 -08) United State Pretrial Services Officer, United States Pretrial Services. Received BA from University of Houston and MA from University of New Mexico. Activities include: Youth Coordinator at Kelsey Memorial United Methodist Church and Youth Ministries in Southern District of Rio Grande Conference. (6- -4 -09) Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10-7-09) 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) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8-- 10 -09) e. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE - Four (4) vacancies with terms to 9 -1 -12 representing the following categories: 1- nominated by the CCISD Board, 1 — nominated by the Friends of the Museum; and 2 - Regular Members. (Appointed by the Mayor, with advice and consent of the Council) DUTIES : To consult with the Museum Director on operation of the museum, to act as advisory to the City Council on matters pertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Christi school districts. Ex-officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The term of each advisory member shall be three years. MEMBERS Nelida Ortiz, Chair Thomas Kimes (Museum Aux.) Shannon Madden *Dr. Robert Hatherill (Friends Museum) Lucia Inez Sosa (Friends Museum) Kathy N. Juneau (Museum Auxiliary) *Linda Torno (CCISD) Jim Moloney (Friends Museum) Georganne Gasaway *Dr. Jonda Halcomb Kimberly Harris * * * * *Dr. Margaret Ellen Bolick City Manager CCISD Superintendent TERM 9 -01 -11 9 -01 -10 9 -01 -10 9 -01 -09 9 -01 -11 9 -01 -10 9 -01 -09 9 -01 -10 9 -01 -11 9-01-09 9 -01 -10 9 -01 -09 Ex-officio, nonvoting Ex-officio, nonvoting ORIGINAL APPTD.DATE 10 -10 -06 9 -11 -07 9 -23 -08 12 -20 -05 9 -11 -07 9 -11 -07 12 -20 -05 9 -11 -07 2 -12 -08 10 -10 -06 9 -11 -07 9-23-03 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Dr. Robert Hatherill (Friends) 8 Linda Torno (CCISD) 8 Dr. Jonda Halcomb 8 NO. PRESENT 5(3exc) 6(2exc) 6(2exc) Legend *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation % OF ATTENDANCE LAST TERM YEAR 63% 75% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Belinda Barrera Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University- Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (1O- 5--09) Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: Church. (6- 18 -09) Charli Barrera Senior, West Oso High School. Activities include: Interact Club, Drama, Computer Applications, Informative Speaking and Student Council President. Honor Roll Student. (5- 29 -09) Melvin Bohannon Retired, Senior Human Resources Analyst, City of Corpus Christi. Received Bachelors and Masters Degree from Texas A &I University. Activities include: Corpus Christi Police Academy Alumni and Texas State Bar Grievance Committee. Recipient of Bronze Star. (4- 20 -09) Angelica Carmona Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Christina Cisneros Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to -Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (2- 23 -09) Jeremy Coleman Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Ariana Cordero Susie Crowson Pablo Arturo Garza Timothy Goss Meredith N. Grant Kevin Horrigan William Paul Hunt Shan Jimenez Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (10- 3.08) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (4- 29 -09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A&M University - Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- 10 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10.1-4 -08) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Retired, 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) President, Metal Scene News Corp. Attends Online at Colorado Technical University and Attended Devry University. Activities include: Child Support Organization for Single Fathers and Corpus Christi Bay Area Website to Promote Business /Activities in Corpus Christi. (8- 31 -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) Monica Pena -Moore Director of Special Events, Corpus Christi Chamber of y Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (12 -1 -08) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Judith Prewitt, Ph.D. Donald E. Russell Samantha Sandate Michael 0. San Miguel Educator /Tutor, Texas A &M University- Corpus Christi, US Veteran's Administrator, and Texas DARS. Owner, Prewitt Professional Partnership. Received B.A. in Mathematics with Physics and Engineering from Swarthmore College, M.A. in Mathematics from University of Pennsylvania Graduate School of Arts and Sciences, and Ph.D. in Mathematics from Uppsala University, Sweden. Activities include: Society of Sigma Xi Life Member - Secretary of South Texas Chapter. (5- 15 -09) (Currently Serves on the Arts and Cultural Commission, but will resign ifappointed to this Committee) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid- American Minority Business Development Council (2007). (4- 16 -09) Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae - Kwon -Do and Challenge Academic Team. (5- 29 -09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Amber Sayre Scott Sutherland Ernest M. Trevino, Jr. Michael Tromm Steve Trubatisky Currently Attends Del Mar College, Registered Nurse Program. (10- 6-09) Vice President/Business Development, Valuebank Texas. Received BBA in General Business from Corpus Christi State University. (10-- 6--09) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12 -26- 08) Preshop Analysis Engine Examiner, Corpus Christi Army Depot: Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2-- 11 -09) Janet Zuniga Senior, West Oso High School. Activities include: Student Council and Interact Club. (5.29 -09) f. NUECES COUNTY TAX APPRAISAL DISTRICT - Two (2) vacancies with terms to 12- 31 -11. (The City Council shall submit names for Places 3 and 4 to Nueces County Appraisal District before October 23, 2009.) DUTIES: The district is responsible for making general policy regarding the operation of the appraisal district i.e., reappraisal programs, analysis of procedures, etc. They are also responsible for appointing the Appraisal Review Board. COMPOSITION: Seven (7) members, each shall serve a two -year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even- numbered year. The following entities will designate board members for the places as listed: PLACE NUMBER JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban -Port Aransas to be decided by the following ISDs: Calallen, Flour Bluff, Port Aransas, City of Port Aransas, Tuloso- Midway ISD, and West Oso 7 Rural- Agribusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstown ISD, City of Robstown, and Santa Cruz ISD. MEMBERS TERM Place 1: Ed Lopez 12 -31 -09 Place 2: James Duerr 12 -31 -09 *Place 3: Robert Adler 12 -31 -09 *Place 4: Sandra J. Billish, Vice -Chair 12 -31 -09 Place 5: Robert "Bob" Jones 12 -31 -09 Place 6: Lorraine L. Stern 12 -31 -09 Place 7: John S endej ar, Chairman 12 -31 -09 Ramiro R. Canales, Ex-Offico Member Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert Adler (Place 3) 9 9 100% Sandra J. Billish (Place 4) 9 9 100% OTHER INDIVIDUALS EXPRESSING INTEREST Sylvia R. Cantu Cristi J. Caviness David M. Coover, Jr. Carl Crull Dr. Haysam D. Dawod Fred Greenberg Paul Grivich Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (5-28 -09) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Self Employed, Attorney. Received BA from St. Mary's Universtiy and JD from South Texazs College of Law. (4- 16 -09) Vice President, HDR Engineering, Inc. Received BS in Civil Engineering and MBA. Activities include: United Way Board. (6-- 15 --09) Dentist, Dawod Dental. Received BS in Biology from Corpus Christi State University and Doctor of Dental Surgery from University of Texas health Science Center Dental Branch - Houston. Activities include: ADa, TDA, NVDDS, Rotary Club and Boy Scouts. Formerly Served on the Del Mar Board of Regents. (4- 23 -09) Self - Employed. Attended The University of Pennsylvania Wharton School of Finance. Received a Real Estate Brokers License. Former Member and Chairman of the Nueces County Appraisal District, Animal Control Board Member, Cable Communications Commission and Building Standards Board Member. (4-- 15 -09) President, Grivich Minerals and Ming Corporation. Received BS in Political Science from Sam Houston State University. Serves on the Nueces County Civil Service Commission. Formerly Served on Nueces County Tax Appraisal District -Vice President, Hispanic Chamber of Commerce, and Zoning Board of Adjustment. (4.14 --09) Chris Hamilton William Paul Hunt Robert Jacobi Jacey Jetton Shon Jimenez Rose Mary Knippa Peter G. Melve Mary A. `Linda" Moya Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCICILoan Review Committee. (12- 10 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University_ College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -49) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18-09) President, Metal Scene News Corp. Attends Online at Colorado Technical University and Attended Devry University. Activities include: Child Support Organization for Single Fathers and Corpus Christi Bay Area Website to Promote Business /Activities in Corpus Christi. (8- 31 -09) Owner, Valdez Fleet Sales. Attended Del Mar College and Business College. Formerly Served on Nueces County Appraisal Review Board. (4- 13 -09) 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) 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 -49) Mohamad Omar Joe A. Ortiz Robert E. Powell Self- Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (10 -6 -09) Self - Employed. Attended Del Mar College and Granthem University. Activities include: Building Designer Institute, District Director LULAC District 11, and National Civil Rights American GI Forum. (8- 26 -09) Retired. Received a B.S. in Civil Engineering. (2- 19 -08) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 --09) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (10-6-09) Latrice M. Sellers Self - Employed. Received A.A. in Radio & Television Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Currently Serves on Cable Communications Commission, Community Organizer and Ministry. (4 -15- 09) Jodi Steen President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (4- 16-09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree in Applied Science from San Antonio College. (8- 10 -09) Sam Watson Agent, State Farm Insurance. Received B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (4- 24 -09) Marsha Williams Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) REGIONAL HEALTH AWARENESS BOARD — One (1) vacancy with term to 10 -1- 12 representing the following category: 1 — Community Representative. DUTIES: To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. COMPOSITION: Six (6) members representing a cross - section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. In addition, the following organizations may appointment members: 1 -City of Corpus Christi, 1 — Nueces County, 1 --- San Patricio County, 2 — Port of Corpus Christi, 1 -- Texas A & M — Corpus Christi, 1 — Texas A & M --- Kingsville, 1 --- Texas Commission on Environmental Quality, Region 14 (ex- officio /non- voting), 1 — U.S. Environmental Protection Agency, Region VI (ex- officio /non- voting), 1 - City of Corpus Christi/Nueces County Health Department (ex- officio /non- voting) and 1 — San Patricio Health Department (ex- officio /non- voting). Each governing body will appoint one of their original community member appointees to a two -year term and the other appointee to a three -year term. MEMBERS Dr. James Mobley (San Patricio —Comm. Rep.), Chair Tom Ballou (Port Industries) Margie Rose (City Representative) Patricia E. Mattocks (City — Community. Rep.) * *Angela Womack (City — Community Rep.) Ronald K. Barnard(County — Community Rep) Dr. William G. Curtis, M.D. (County — Community Rep Alonso Molina (San Patricio — Community Rep.) Lena Coleman (County Representative) Dennis Roberts (San Patricio Representative) Rich Tuttle (Port Industries) Dr. Mary Jane Hamilton (TAMU — Corpus Christi) Dr. Alvaro Martinez (TAMU — Kingsville) Annette Rodriguez (Nueces County Health Admin) Delores Bacon (San Patrico Administrator) Shirley Quinones (Environmental Protection Region 6) Susan Clewis (TX Comm. on Environmental Quality) Legend: *Seeking reappointment **Not seeking reappointment ** *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 01-01-12 01 -01 -10 01 -01 -11 10 -01 -11 10 -01 -09 10 -01 -11 .) 10 -01 -12 10 -01 -09 01 -01 -13 10 -01 -11 10-01-11 01 -01 -12 01 -01 -12 Ex- officio Ex- officio Ex- officio Ex- officio ORIGINAL APPTD. DATE 10 -01 -05 10 -01 -03 3 -08 -05 10-14-08 10 -25 -05 6- 01-09 6 -01 -09 10 -01 -03 9 -01 -09 10 -01 -05 01 -01 -07 10 -01 -05 5 -01 -09 INDIYDUA LS EXPRESSING INTEREST Rudy A. Adame Christina Cisneros Patty Clark Jean Marie Giegerich Meredith N. Grant Chris Hamilton Edward Kownslar Registered Nurse. Received B.A. from Corpus Christi State University and Nursing Degree from Del Mar College. Served in the Army and United States Air Force. Activities include: Selective Service Board. (10 -6 -08) Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award.(2- 23 -09) Executive Director, Mission of Mercy, Inc. Attended Memphis State University. Activities include: Sgt at Arms - Downtown Rotary Club, RYLA Program, Lay Eucharistic Minister and Liturgy Commission -All Saints Episcopal Church, Westside Business Association and Hispanic Chamber of Commerce. (10-7-09) Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6- -8 -09) Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Vice- President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCICILoan Review Committee. (12- 10 -08) Associate Director of Mary and Jeff Bell Library, Texas A &M University- Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998- Present. (10-9-08) Maria Clarissa Lopez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (5 -28- 09) Charles Pendlyshok Woodrow Mac Sanders Michael G. San Miguel Ted Schroeder Roger Vazquez Regional Manager, Human Military Healthcare Services. Retired Healthcare Delivery System Executive. Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing Instruction. (11- 20-08) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, and Board Member of Selective Services System. (4- 24 --09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10-6- 09) Owner /Adminstrator!Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (4- 23 -09) Qualified Mental Health ProfessionallCrisis Worker, Avail Solutions, Inc. Received Bachelor's Degree in Psychology from University of Texas at Austin. Currently Pursuing Master's in Clinical Psychology from Texas A &M University - Corpus Christi. Activities include: Delta Sigma Phi Fraternity Alumni and Texas Exes Alumni Association. Formerly Volunteer Crisis Counselor for Crisis Intervention of Houston. (10 -5-09) h. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — One (1) vacancy to represent the following category: 1 - At Large. DUTIES : To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ( "SCP ") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 -- SCP Volunteer (active volunteer for one - year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 -- At Large. In the initial appointment, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM, APPTD. DATE Shirley Tipton (SCP Volunteer) 6 -16 -10 6 -16 -09 Maria (Isabel) Odeh (SCP Vol. Station) 6 -16 -10 6 -16 -09 *Vacant (At Large) Priscilla Wolf (At Large) 6 -16 -09 Apolonia P. Cantu (At Large) 6 -16 -11 6 -16 -09 Marie Partington (At Large) 6 -16 -11 6 -16 -09 Harry Falcon, Sr. (At Large) 6 -16 -11 6 -16 -09 (Note: On June 16, 2009 City Council appointed Servando R. Dimas to the At Large category. He declined that appointment). (Note: The Senior Companion Program Advisory Committee is recommending the new appointment of Heidi Janicke (At Large). OTHER INDVIDUALS EXPRESSING INTEREST Heidi Janicke Care Coordinator, Coastal Bend Council of Governments - Area Agency on Aging. Received a Bachelors in Sociology. Recipient of Above and Beyond Award - MHMR. (1-6-09) Sarah Igloos Maria Clarissa Lopez Amber Sayre Caroline Szepessy Felix Zavala, Jr. Volunteer Services Manager, Odyssey Health Care. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non - Profit Organizations. (1 -6- 09) Patient Care Manager, V istaC are Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (5-28 - 09) Currently Attends Del Mar College, Registered Nurse Program. (10-6-09) Purchasing Agent, Winn Exploration Co., Inc. Received BA in Psychology. (10 -6 -09) Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) i. SISTER CITY COMMITTEE - Six (6) vacancies with terms to 9 -1 -10, 9 -1 -11, and 9 -1 -12. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2- 152. The Chairman and each vice- chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -09 9 -11 -07 Mary Babbili 9 -12 5 -26 -09 Randy Farrar 9 -10 6 -11 -02 Janice Garrett 9 -10 5 -13 -08 John Rocha 9 -11 9-23-08 Dora Hidalgo 9 -10 9 -23 -08 Rose Gunji 9 -11 11 -08 -05 Jorge Brenner 9 -11 9-23-08 Phyllis Roseman 9 -11 3 -11 -08 Elizabeth Garza 9 -10 5-26-09 Michele Hammock 9 -10 1-13-09 Westi Horn 9 -10 6-15-04 Maria Jaramillo 9 -11 9 -23 -08 Alrnira Flores 9 -10 9 -12 -06 — Tim Dowling 9 -10 7 -10 -07 Liette B. Acker 9 -10 1-13-09 Javier M. Morin 9 -11 7 -10 -07 Drue Combs 9 -09 9 -12 -06 Kate Rodriguez 9 -12 5-26-09 Melody Cooper 9 -12 5 -26 -09 Sharon L. Phillips 9 -09 9-09-02 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (Note: The Sister City Committee is recommending the reappointments of Brenda " Brandi" Williams and Drue Combs. Also, they are recommending the new appointments of Alan Thornburg, Yoshiko Boulan, Donald Russell, and Samantha San d ate). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Brenda "Brandi" Williams 11 Drue Combs 11 NO. PRESENT 11 9 OTHER INDIVIDUALS EXPRESSING INTEREST Renai Baker Rick Barrera Yoshiko Boulan Rodney Buckwalter Angela Cantu Angelica Carmona % OF ATTENDANCE LAST TERM YEAR 100% 82% Formerly worked for Visitor Center. Received a B.S. in Education. Activities include: Volunteer Guide at Texas State Aquarium and Heritage Park. (12-8 -08) General Manager, HomeField Outdoor Living. Attended College. Activities include: Associate Pastor at His Church, Social Media Club of Corpus Christi, and Volunteer at Corpus Christi Metro Ministries. Currently working on Master's Degree at Corpus Christi Theological Seminary. (8- 21 -09) Senior Administrative Clerk, Corpus Christi Metropolitan Planning Organization. Received Bachelor's of Arts, Sociology from University of California at Davis. (4 -29- 09) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 --09) Salon Manager, Planet Sol Hair Salon. Attended Texas &M University- Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Christina Cisneros Jeremy Coleman Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award.(2- 23 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Ariana Cordero Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (10/3/08) Vincent E. Doyle Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Andrea Foley Accounting Associate, Stripes /APT. Received Bachelors of Business Adminstration - Accouting. (1 -6 -09) Patrick Geary Owner, Fiesta Insurance Corporation. Attended University of Houston. Member of Chamber of Commerce. (5- 18 --09) Timothy Goss Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10-14-08) Edward Frank Lewis Maria Elena Mendez Delia Dolores Oliveira Mohamad Omar Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Texas pia Employee of the Month. (4-2OO9) Owner/President. Creating Excellence: Competency, Excellence and Responsibility (C.R.C.E.R.). Received B.S. from Texas A&.I University at Kingsville and M.S. from Corpus Christi State University. Activities include: Hispanic Women's Network of Texas, Retired Teachers Association, and National Association for Bilingual Education. Recipient of 2005 Hispanic Women's Network of Texas - Corpus Christi Chapter Estrella for Education. (3- 11 -49) Court Reporting Instructor, Del Mar College. Received AAS in Court Reporting from Del Mar College and BS in Occupational Training and Development from Texas A &M University - Corpus Christi. Activities include: Coastal Bend Court Reporters Association, Texas Court Reporters Association and National Court Reporters Association. (7- 22 -09) Self-Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (14 -6 -49) Heriberto A. (Tony) Pineda GS-11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (14 -6 -49) Dr. Judith Martha Prewitt Educator /Tutor, Texas A &M University- Corpus Christi, US Veteran's Administrator, and Texas DARS. Owner, Prewitt Professional Partnership. Received B.A. in Mathematics with Physics and Engineering from Swarthmore College, M.A. in Mathematics from University of Pennsylvania Graduate School of Arts and Sciences, and Ph.D. in Mathematics from Uppsala University, Sweden. Activities include: Society of Sigma Xi Life Member - Secretary of South Texas Chapter. (5- 15-49) (Currently Serves on the Arts and Cultural Commission, but will resign if appointed to this Com m ittee) Donald E. Russell Guadalupe V. Salinas Samantha Sandate Woodrow Mac Sanders Amber Sayre Britni Summers -Brown Alan Thornburg Ernest M. Trevino, Jr. President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information f Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Licensed Pilot and Professional Vocalist. Named Buyer of the Year by Mid- American Minority Business Development Council (2007). (4- 16 -09) Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 -09) Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae - Kwon -Do and Challenge Academic Team. (5- 29 -09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 --09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Sales and Marketing Coordinator, Cricket Communications. Received BA from Texas A &M University- Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. (1- 12 -09) Received Bachelor's Degree in Computer Information Systems. Fluent in French. (9- 18 -09) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12-26 - 08) Arthur J. Valdez Denise S. Villagran SAH Agent /Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 3OO9) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1-09) 5 Requested Council Action 10/13/09 Alternate Date 10/20/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of 5,300 feet of 8" wrapped steel pipe in accordance with Bid Invitation BI-0027-1O from Texas Pipe and Supply, Corpus Christi, Texas based on low bid meeting specifications for a total of $72,504.00. The pipe will be used by the Gas Department and purchase with CIP Funds. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND Purpose: Bid Invitations Issued: Bids Received: Basis of Award: Funding: The 5,300 feet of 8" steel pipe will be installed along Yorktown Blvd between Staples Street and Cimarron Blvd. The 8" line will replace an existing 8" high - pressure main in the way of proposed street and utility improvements for Yorktown Blvd, Bond 2008. Thirty -seven Eight Low Bid Meeting Specifications Ameripipe Supply Co., San Antonio, Texas submitted an alternate bid, however, the City could not consider the offer due to the vendor's inability to maintain pricing beyond September 30, 2009. Gas Department 550735 -4551- 00000- 170321 Michael B . era Assistant Director of Financial Services (361) 826 -3169 mikeb @cctexas.com $72,504.00 Total: $72,504.00 01 0 0 CD 0 ~a 0 -n m CD rt c rr M 0 {¢y CO 03 0 0 0. _ !D 0 0 N . rn m co 0) w 0 0 n C v --i cv — `fl o c N rt 0 3 C :. N n 07 g (7 � CD N c "0 ►C m CD Ameripipe Supply Co., San Antonio, Texas submitted an alternate bid, however, the City could not consider the offer due to the vendor's inability to maintain pricing beyond September 30, 2009. r-w [D 3 01 0 0 0 0 0 0 m 0 0 c 0) 4A w 0 0 4A CO 0 v M 0 0 m 0 0 0 CO CO to 0 0 0 0 = u C c N n' 3. CD N V1 Qo +`r X) c ai -0 `E --1 x 'O 0 o N 'C -0 o o C C� N g 0- 2. 0 CD O N o N o o Er C 0 1 o n C7 0 0C�' c z0 r > cin 0 ❑Z0 71 0 c 0C 0C)C7 0° co Z m — f, C) 0 0 co o 1:3 03 tD C a_ r r Vn tD 5 Z CD 6 Q W 0 6 Requested Council Action 10/13/09 Alternate Date 10/20/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with A. Y. McDonald Mfg. Co., Dubuque, Iowa for approximately 6,625 gas meter valves ranging in size from 1" to 1 � /�" in accordance with Bid Invitation No. BI- 0232 -09 based on low bid for an estimated annual expenditure of $123,338.25 of which $92,503.68 is budgeted in FY 2009 -2010. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2009 -2010. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The gas meter valves will be purchased and used by the Gas Department to control the flow of gas at the meter. Previous Contract: The option to extend the previous contract was not exercised due to the vendor's inability to maintain pricing, therefore requiring the City to issue new bid invitations. Bid Invitations Issued: Fifty -Seven Bids Received: Five Price Analysis: Pricing has increased approximately 13% since the last contract of April 2008. According to vendor, the increase is due to the rising cost in material and shipping. Award Basis: Low Bid Gas Department 520160 -4130 -34130 Michae ' Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com com FY 2009 -2010 $92,503.68 0 r cn 41 1311110211- 1. X131N1211. I. N 1311l0.3X131NIHl• 1311f10 ONIldf10O NOINf1 ❑31H1fSNl „I• X 131NI L 0 0 rn cn 0 0 rn NOI1dIaOS3❑ 0 0 0 2 Z = 0 w b� m cn t� co N 0 cry 0 00 c1 ao•9W IZ i.$ owc) cm� r C) C) >,ECa xi m�N 0En or rn0-1 zw i N 0 0 co rn� iii CO CA a z ��DC7 Z CO - m --� X X rn C = w � F- p rn X Z —I nza s - � -o r -. ID m 0) -4 � . rn� mc - 00 00 0 0 0 cW Z I Cr) i pm v to 6 ti A rn z - A co -03 ni N o 0 0 0 0 0 -0 -1 0 n n rn r- 3C o C�i1 C�ii N co 0 0 c(nn v w cn 0 ti 0 0 cn 0 0 N 0 z 0 ti 0 0 0 W m N 0 oofoulgEZ -0 m z 0 0> m S trIVI03dS ONIdld a3SS31,10 ■ 7 Requested Council Action 10/13/09 Alternate Date 10/20/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for 540 tons of liquid chlorine and 2,930 tons of liquid caustic soda with DPC Industries, Inc., Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI-0003-10, based on low bid for an estimated six month expenditure of $531,637.50. The term of the contracts will be for six months with options to extend for up to nine additional six month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009 -2010. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: These chemicals are used in the production of our potable drinking water. Liquid chlorine is used in the disinfecting process at the Stevens Water Treatment Plant producing potable water for customers. The liquid caustic soda is used to adjust the pH level of the blended Nueces River — Lake Texana treated water to acceptable levels. The Lake Texana water has a lower pH than the Nueces River water and must be adjusted accordingly. Bid Invitations Issued: Thirty -six Bids Received: Five Price Analysis: Pricing for Liquid chlorine has decreased approximately 12% since the last contract of April 2009. Award Basis: Funding: Pricing for liquid caustic soda has decreased approximately 78% since the last contract of February 2009. The decrease is due to a severe weakening in demand for caustic soda around the world. Low Bid Water Department 520010- 4010 -31010 $531,637.50 Michael Barrera Assistant Director of Financial Services (361) 826 -3169 n1 ikeb .cctexas.com - 1 2 os`LC9 l.E9S iL? M1] N iu =-► 0 Epos ai$snea pinbr; % SZ sieD )Nei auuoito p! nbr! Cs) v N c71 v 0 0 —I --1 -4 ❑ ❑ ❑ u1 w cn -a ▪ A s 0 N CG A 0 v 0 oo•000 isz oo`o98•ozz$ 0 sexai 'i1s!ay3 sn •oui 'sepisnpul 3d❑ A v O v 9' 0 4A co 0 0 c�7 ° ▪ v In ° 0 ▪ "CO v v o v ° 0 00 sexai .uo ;snOH uoi eaod.ioo eIAR1V m C▪ O C Oa 65 0 0 0 0 sexai lisptio sn Vsn Jeniun CO CD 0 0 rn 0 v 0 rn - a, to 0 "• cn • v vv ° v° O [r 3 ° P sexai 'ullsny 11 5 0 0 ✓ 0 01 c1 0) c 0 0 N 0 0 0 oo 000'So5$ 0 [A 0 0) • z ester MON S1d0IV EIHO J LVM co 0 co H i D 0 0 C ct 0 Z 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/13/09 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept a grant in the amount of $42,536.00 and to execute a contract and all related documents with the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program --- Fire Prevention and Safety Grants with a cash match of $ 1 0,634.00 for a total of $53,1 70.00 to purchase fire prevention educational supplies and equipment. B. Ordinance appropriating $42,536.00 from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program -- Fire Prevention and Safety Grants, into the No. 1 060 Fire Grants Fund with a cash match of $10,634.00 for a total of $53,170.00 to purchase fire prevention educational supplies and equipment; and declaring an emergency. ISSUE: An analysis of data for the past three years on fire related injuries and deaths have revealed that the majority of victims were the elderly and children. In order to address this problem the Fire Department has applied and been awarded a grant to provide new, creative and capturing ways of educating the elderly and children on fire prevention and safety in their homes. Educational presentations will be delivered by Firefighters using puzzle worksheets, books and an inflatable Fire Drill Smoke House. Presentations for the elderly will be performed in municipal senior centers, apartment senior centers and private senior centers. Children presentations will be performed at various locations including public, private, and parochial elementary schools. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to accept the grant and appropriate funds. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends accepting grant and approving ordinance to appropriate a grant in the amount $42,536 received from FEMA for the purchase of fire prevention educational equipment and supplies. Richard Hooks Fire Department RLH @cctexas.com 826 -3932 Attachments 1. Resolution 2. Ordinance 3. Award Letter 4. Agreement Articles BACKGROUND INFORMATION This will be the fourth grant in the past eight years that the Fire Department has been awarded from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program. The total amount of funds awarded to date is $170,469.00. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $42,536,00 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND DEPARTMENT OF HOMELAND SECURITY (DHS), FY 2008 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM — FIRE PREVENTION AND SAFETY GRANTS WITH A CASH MATCH OF $10,534.00 FOR A TOTAL OF $53,170,00 TO PURCHASE FIRE PREVENTION EDUCATIONAL SUPPLIES AND EQUIPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the amount of $42,530.00 and to execute a contract and all related documents with the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program — Fire Prevention and Safety Grants with a cash match of $10,534.00 for a total of $53,1 70.00 to purchase fire prevention educational supplies and equipment. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS). ATTEST: Armando Chapa City Secretary APPROVED: September 22, 2009 By: T. Trisha -ang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $42,538.00 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND DEPARTMENT OF HOMELAND SECURITY (DHS), FY 2008 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM -• FIRE PREVENTION AND SAFETY GRANTS, INTO THE NO. 1060 FIRE GRANTS FUND WITH A CASH MATCH OF $10,834.00 FOR A TOTAL OF $53,170.00 TO PURCHASE FIRE PREVENTION EDUCATIONAL SUPPLIES AND EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $42,535.00 is appropriated from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance to Firefighters Grant Program — Fire Prevention and Safety Grants, into the No. 1060 Fire Grants Fund with a cash match of $1 0,534.00 for a total of $53,170.00 to purchase fire prevention and educational supplies and equipment; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 22, 2009 T. Trish Dang Assistant City Attorney For City Attorney 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Mr. Michael Hernandez Corpus Christi Fire Department 2406 Leopard #300 Corpus Christi, Texas 78408 -2503 Re: Grant No.EMW-2008-FP-02415 Dear Mr. Hernandez: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), 1 am pleased to inform you that your grant application submitted under the FY 2008 Assistance to Firefighters Grant Program - Fire Prevention and Safety Grants has been approved. FEMA is responsible for carrying out the Federal responsibilities of administering your grant. The approved project costs total to $53,170.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from DHS. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should basically request found when you have an immediate cash need (Le. you have a bill in -hand that is due within 30 days). If you have any questions or concerns regarding the process to request your grant funds, please call the helpdesk at 1-866- 274 -0960. Sincerely, 1/7 W. Ross Ashley, Ill, Assistant Administrator Print Application Page 13 of 22 *Item Carrying case *Select Object Class Equipment If you selected other above, please specify * Number of units 1 (Whole number only) * Cost per unit $ 500 (Whole dollar amounts only) * Description The space to the right can be used to provide further clarification on the costs (i.e. personnel costs: The carrying case will be a place to store and move foam props and number of hours /rate /staff; or meeting costs: number necessary equipment for the educational clown shows. of meetings /days /attendees). Budget justification should be included in the project narrative. Budget item *Item Inflatable Fire Education House *Select Object Class Equipment If you selected other above, please specify * Number of units * Cost per unit * Description The space to the right can be used to provide further clarification on the costs (Le. personnel costs: number of hours /rate /staff; or meeting costs: number of meetings/days/attendees). Budget justification should be included in the project narrative. Budget 1 (Whole number only) $ 1 100 (Whole dollar amounts only) The inflatable fire house will be used to assess the concepts and knowledge the children obtained after attending a clown show. Budget Object Class Budget Amount Personnel 0 Benefits 0 Travel 0 Equipment 14,500 Supplies 29,190 Contractual 0 Construction 0 Other 9,480 Indirect Charges 0 Indirect Cost Details Agency Indirect Cost Agreement with Indirect Cost Rate °Io Agreement Summary Total Federal and Applicant Share Federal Share $ 42,536 Applicant Share $ 1e 634 Federal Rate Sharing ( %) 80120 _7 2_ AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - FIRE PREVENTION AND SAFETY GRANTEE: Corpus Christi Fire Department PROGRAM: Fire Prevention AGREEMENT NUMBER: EMW- 2008 -FP- 02418 AMENDMENT NUMBER: TABLE OF CONTENTS Article! Project Description Article 11 Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Financial Guidelines Article VI Prohibition on Using Federal Funds Article VII GPD Allocations Article VIII Financial Reporting Article IX DHS Officials Article 1- Project Description The purpose of the Assistance to Firefighters — Fire Prevention and Safety Grants is to provide funds to national, State, local or community organizations that are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activity. After careful consideration, DHS has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application — including budget information — was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the approved grant application's narrative. That narrative is made a part of these grant agreement articles by reference. These sections of the application are made a part of the approved scope of work outlined in the above referenced sections of the application without prior written approval from DHS. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the Fiscal Year 2008 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2008 Assistance to Firefighters program guidance. Ail documents submitted as part of the application are made a part of this agreement by reference. Article 111- Period of Performance The period of performance shall be from 14- AUG-09 to 13- AUG-10. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $O.00 Travel $0.00 Equipment $14,5OO.0O Supplies $29,190.00 Contractual $0.00 Construction $0.00 Other $9,480.00 Indirect Charges $0.0O Total $53,170.00 Article V - Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110) Article VI - Prohibition on Using Federal Funds Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. Article VII - GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the Assistance to Firefighters Grant Program 2008 Fire Prevention and Safety Grants Program and Application Guidance and application kit. Article VIII - Financial Reporting The grantee must complete an on -line, semiannual financial status report to meet FEMA requirements. Semiannual financial reports are due within 30 days of the end of every six month period for the life of the grant. At the end of the performance period, or upon completion of the grantee's final program narrative, the grantee must complete an on -line final financial status report that is required to close out the grant. If a grantee's performance period is extended beyond the initial 12 -month period, a periodic performance report is due every six month increment until closeout. Article IX = DHS Officials Program Officer: Catherine Patterson, is the Program Officer for the Fire Prevention and Safety Grants. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Andrea Gordon, is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Specialist: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK -GMQ at 866- 927 -5646 to be directed to a specialist. ■ ■ 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/13/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $256,634 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. B. Ordinance appropriating $256,634 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County, and declaring an emergency. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds PREVIOUS COUNCIL ACTION: Approval to enter into an interlocal agreement with Nueces County and permission to submit the grant on 06/3012009. FUNDING: There is no match required of the grant. Funds are available for a 4 -year period beginning 10/01/2008 (the first fiscal year of the appropriation) CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. John W. Mosele Acting Chief of Police jli i c cctexas. com 886 -2603 Attachments: • Award document from U.S. Department of Justice BACKGROUND INFORMATION The JAG funds have been received for 5 years; prior to that they were known as the Law Enforcement Block Grant funds. Since 1999, we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County; each entity filed an application separately and handled financial and performance reporting separately. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent units), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Under the new guidelines, jurisdictions certified as disparate were required to submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds to be distributed to each of the units of local government and the purposes for which the funds will be used. The JAG application process required an interlocal agreement with Nueces County indicating who would serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City would serve as the lead agency. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Comedians and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $4,724,086 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. The Police Department proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the District Attorney's office and other law enforcement equipment. GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES ,g_eteiCibC + --- rte. KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2009 LOCAL SOLICITATION AWARD iTday of V 2009 b This agrearnent is made and entered intv this _._._, by and between the CITY of CORPUS CHRISTI, acting by and through its governing overnin body, the City Council, hereinafter referred to as CITY, and the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, both of Nueces County, State of Texas, witnesseth: WHEREAS this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, each g overn ing body, in performing governmental functions or in for the performance of governmental functions hereunder, shall make that paying performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the - public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; WHEREAS, the CITY and COUNTY entered into an agreement on April 29, 2009 for disbursement of other JAG funds which is separate from this agreement; WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $128,317.00= from this JAG award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50 %), or a current estimate of $128,317.90, of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50 %), or a current estimate of $128,31 7, 00, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2009 to September 30, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4, Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By enteri na into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER _ CINpDF CORPUS CHRISTI 1 R. Es obar ity Manager ATTEST: .62 P-)46_ Armando Chapa City Secretary APPROVED AS TO Trisha Dang Assistant City Attorney �S' • O���C �J AUTNURlUD VY MICH. A T lrR�R� C TAR Y '�J COUNTY OF NUECES Samuel L. Neal, Jr. County Judge Diana Barrera County Clerk C 0. IA! Laura Garza Ji County Attorney --;';77,---','-• ;. Department of Justice N. _ Office of Justice Programs ; - T'• a, Bureau of Justice Assistance ... -, ,L.STlC t'''--- Grant . PAGE 1 OF 5 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi P.Q. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 4. AWARD NUMBER: 2009 -DJ -BX -1378 5. PROJECT PERIOD: FROM 10/01/2008 TO 09/30/2012 BUDGET PERIOD: FROM 10/01/2008 TO 09/30/2012 6. AWARD DATE 09/14/2009 7. ACTION Initial 1A. GRANTEE IRSNENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 2009 Justice Assistance Grant Program , 10. AMOUNT OF THIS AWARD $ 256,634 , 11. TOTAL AWARD $ 256,634 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Burch II Acting Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Angel Escobar City Manager 17. SIGNATURE OF APPROVING OFFICIAL Li — 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE (n.:—.... AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 256634 21. IDJUGT5336 OW FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) ORDINANCE APPROPRIATING $255,534 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061 POLICE GRANT FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT AND NUECES COUNTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That $250,634 from the U.S. department of Justice, Bureau of Justice Assistance is appropriated in the No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department and Nueces County. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the , of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 22, 2009 T. Tf risha Dang Assistant City Attorney For City Attorney 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 u ordinances at two regular meetings: Uwe, therefore, request that you 9 d said Charter rule and pass this ordinance finally on the date it is introduced, or suspend p at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla C. Leal John E. Marez Nelda Martinez Mark Scott 10 CITY COUNCIL AGENDA MEMORANDUM Date: 10/13/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,964.38 from the State of Texas, Criminal Justice Division to continue the Violence Against. Women Act (VAWA) grant within the Police Department for Year 10 with a city cash match of $42,088.74, in -kind match of $16,800 for a total project cost of $159,853.12 and to execute all related documents. B. Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice Division in the No. 1 061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $42,088.74 from the No. '1020 Cash contribution to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. ISSUE: Year 10 funding has been awarded from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk -in to the unit at the Police Department. The grant funds two victim case managers to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. A Staff Assistant handles the processing of Emergency Protective Orders. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long -term safety needs. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 12/1612008. FUNDING: The grant provides partial salary and benefits for two Victim Case Managers and a full time Staff Assistant. The State provides $100,964.38 and the City $58,888.74 which may be in- kind or cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $16,800 toward the match. The City provides $42,088.74 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. —91— . W. Moseley Acting Chief of Police iohnm cc exa . COM 886 -2603 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: WF- 09- V30- 15171 -11 Program Fund: WF•16.588 Violence Against Women Formula Grants Grantee Name: Corpus Christi, City of Project Title: Victim Assistance Program Grant Period: 09101/2009 - 08/31/2010 Liquidation Date: 11/2912010 Date Awarded: September 09, 20 CJD Grant Manager Mary Hightower CID Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: S100,964.38 $42,088.74 $16,800.00 $159,853.12 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title 1, Part 1, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(a) of Funding and Other Fund - Specific Requirement(s): 1 ORDINANCE APPROPRIATING $100,964.38 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND, TRANSFERRING $42,088.74 FROM THE NO. '1020 CASH CONTRIBUTION TO GRANTS AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $100,964.38 is appropriated from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $42088.74 from the No. 1020 Cash contribution to grants and appropriating it in the No. '1061 Police Grants Fund as grant matching funds, and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 22, 2009, T. trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry Ellzondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/13/2009 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems Inc. in the amount of $269,457.23 for hardware and software support services on the Emergency 911 System. The term of the contract is five years. ISSUE: The agreement is necessary to provide 24 -hour service for the emergency 911 telephone system components. BACKGROUND: The agreement is for five years from August 1, 2009. It provides 24 hour help desk and on -site support on both hardware and software of the emergency 9-1 -1 telephone system components. The schedule of payments is as follows: Year Amount One $ 50, 753.50 Two $ 52,276.11 Three $ 53, 844.39 Four $ 55,459.72 Five $ 57,123.51 Total $269,457.23 REQUIRED COUNCIL ACTION: Approval of the contract. PREVIOUS COUNCIL ACTION: Approval of two previous contracts beginning Sept 1, 2002. FUNDING: Funds are available in the FY10 Police General Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the contract. Attachments _g7_ J. W. Moseley Acting Chief of Police ohnm6'ricc exas.c am 886 -2603 AGREEMENT FOR SERVICES, SOFTWARE AND EQUIPMENT This Agreement for Software, Equipment and Services ( "Agreement") is entered into by and between Positron Public Safety Systems Corp. ("PPSS") and City of Corpus Christi, Texas ("Customer"), as of September 25th, 2009, or if no such date is indicated, then as of the latest date signed below ("Effective Date). This Agreement consists of these terms and conditions and any quote, order, statement of work, exhibit, or similar document made under this Agreement and agreed upon by both Parties (each, an "Attachment' or a "Quote') describing the services ("Services "), software object code and accompanying documentation ( "Software ") and/or hardware or other equipment ("Equipment") that PPSS agrees to provide to Customer. PPSS and Customer are referred to herein as "Parties or "Party'. The term "Affiliate" has the meaning in Rule 405 of the U.S. Securities Act 01 1933. 1 TERM. This Agreement will continue from the Effective Date until the expiration or termination of the latest ending Attachment or Quote. 2 EQUIPMENT, SOFTWARE AND ON -SITE SERVICES. 2.1 To the extent that an Attachment or Quote Q72545 provides for the sale of Equipment, the licensing of Software, or the provision of site survey, installation, project management or similar Services, the terms in Exhibit A will apply. 3 MAINTENANCE AND SUPPORT SERVICES. 3.1 To the extent that an Attachment or Quote 072545 (attached hereto as Exhibit 0) provides for maintenance and support services for the Equipment and Software, ( "Maintenance and Support Services), such Services will be provided in accordance with PPSS' then current Maintenance and Support Services terms. The most recent such terms are attached as Exhibit B. 4 PAYMENT. 4.1 Customer will pay the fees as described in Attachments or Quotes. Except as specified in an Attachment, recurring fees will be prepaid annually, and nonrecurring fees will be billed within thirty (30) days of the Attachment effective date or (if applicable) completion of the delivery or milestone to which the nonrecurring fees relate. Subject to Section 4.5 below, all invoices will be due and payable within thirty (30) days of invoice date. Any services requested by Customer and performed by PPSS before execution of an Attachment or outside the scope of the Attachment will be billed at PPSS' then current hourly rate. All prices and payments will be in U.S. dollars. 42 Any claim of tax exemption must be supported by appropriate documentation. 4.3 Unless otherwise provided in an Attachment, within thirty (30) days after any early termination of an Attachment (except due to PPSS' default), Customer will pay for Services received as of the date of termination plus an amount equal to the monthly recurring fees times the remaining months in the term of the applicable Attachment. The "monthly recurring fees" will be equal to the average monthly fee invoiced to Customer in the six (6) months prior to the notice of termination. The Parties agree that PPSS has made pricing concessions based on such minimum fees and that any shortfall payment due under this paragraph is a fair approximation of PPSS' damages, not a penalty. These fees are in addition to any nonrecurring fees due under the terms of the Attachment. 4.4 If Customer fails to pay any invoice when due (other than as provided in Section 4.5), interest will accrue as of the date of delinquency at the lower of two percent (2%) per month or the highest rate permitted by applicable law. Upon each such delinquency, PPSS may provide one (1) or more Default Notice(s) to Customer (see Section 9 below). If the delinquency is not cured within ten (10) days after delivery of the Default Notice, PPSS may, by so indicating in the Default Notice (a) suspend Services and charge a reinstatement fee or deposit on any recommencement; and/or (b) amend the prices for the remaining term of the applicable Attachment. These remedies are in addition to any other remedies available to PPSS, and apply notwithstanding anything to the contrary in this Agreement or the Attachment(s). Customer will pay all reasonable costs of collection (including attorney fees). 4.5 If Customer disputes an invoice in good faith, Customer may withhold only the disputed amount, not to exceed one (1) month's recurring fees for the applicable Service. To dispute any invoice, Customer must (a) notify PPSS within thirty (30) days of the invoice, specifying the nature of the dispute; and (b) pay any undisputed amounts as provided herein. Both Parties will in good faith, attempt to promptly resolve any disputed invoices. 4.6 No set off, deduction or cross-collateralization is permitted. PPSS may change credit or payment terms at any time when, in PPSS' opinion, Customer's financial condition, previous payment record, or Customer's relationship with PPSS so warrants. 5 CONFIDENTIALITY. Except to the extent disclosures are required under applicable federal, state or local freedom of information laws or regulations ("Public Request"), the terms of Exhibit C (Confidentiality Terms) will apply to this Agreement. Upon any Public Request, Customer may disclose the applicable Confidential Information, but only to the extent required by applicable law or regulation, and Customer will give sufficient notice to PPSS to allow PPSS an opportunity to object or limit the scope of disclosure. 6 LASTED WARRANTY. 6.1 PPSS warrants that Services will be provided in a workmanlike manner in accordance with industry standards and by individuals with suitable skills and abilities. Except as provided in an Attachment, Services will be deemed accepted when performed. Equipment and Software warranties are stated in Exhibit A. 6.2 EXCEPT AS STATED IN SECTION 6.1 AND EXHIBIT A, PPSS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PPSS EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, SOFTWARE, EQUIPMENT OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR -FREE. 6.3 Customer will provide information reasonably required or requested by PPSS to perform the Services, including as applicable: network architectures and diagrams; current process performance statistics; interfaces and access to Customer or third party software, equipment, or systems; routing and network addresses and configurations; key contacts for problem escalation, and the information stated in Exhibit A (collectively 'Customer Materials"). Customer warrants that (a) Customer is solely responsible for the content and rights to use Customer Materials; (b) Customer Materials will be accurate; and (c) PPSS' use of Customer Materials will not violate the rights of any third party. 7 LIMITATION OF LIABILITY. 7.1 EXCEPT FOR THE PARTIES' INDEMNIFICATION AND PAYMENT OBLIGATIONS AND CLAIMS RELATING TO VIOLATIONS OF SECTION 5 OR 10, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER, PPSS TOTAL LIABILITY TO CUSTOMER FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES. . 7.2 THE FOREGOING LIMITS ON LIABILITY WILL APPLY WHETHER THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, 9/25/09. Pagel -98- PPSS Agreement for Service Software i'ware and Equipment AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. 7.3 NO CAUSE OR ACTION WHICH ACCRUED MORE THAN FOUR (4) YEARS PRIOR TO THE FILING OF A SUIT MAY BE ASSERTED BY EITHER PARTY. 8 INDEMNIFICATION. 8.1 By PPSS. PPSS agrees to indemnify and hold harmless Customer from and against any and all third party claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees and expenses (collectively, "Claims ") for physical injury or death or damage to real property to the extent caused by PPSS' gross negligence or willful misconduct. 82 Procedures. The Party claiming indemnification will (a) notify the indemnifying party of any claim for which the indemnity may apply; (b) relinquish control of the defense and any settlement of the claim to the indemnifying party; and (c) provide the indemnifying party with all assistance reasonably requested to defend the claim. The indemnifying party will be entitled to settle any claim without the written consent of the indemnified party if such settlement only involves the payment of money by the indemnifying party and does not affect any rights of the indemnified party. The indemnified party, at its own expense, may participate in the defense through its counsel. The indemnities herein will not apply to the negligence of the indemnified party. 8.3 immunity. If applicable and to the extent not prohibited by applicable law, each Party will be entitled to not less than the same benefits and protections afforded by any law, regulation or other applicable rule which extends protections to the other Party in any form, including but not limited to governmental or other immunity, indemnification, or other protection. Neither Party will object to or interfere with the assertion of such immunity by the other Party. 9 TERMNATION AND EXPIRATION. If either Party materially defaults in the performance of any material provision of any Attachment or this Agreement, and such default is not cured within (a) for any late payments, ten (10) days; or (b) for all other matters, thirty (30) days, after notice ( *Default Notice") specifying in reasonable detail the nature of the default, then the non defaulting party may by further notice terminate for cause the Attachment or, if applicable, the Agreement and all Attachments. The cure period will extend for up to thirty (30) more days if PPSS continues to use good faith efforts to cure its default. 9.1 Termination for non -aooroprraiton funds. The continuation of this Agreement is subject to the Customers annual budget process. If sufficient funds are not appropriated for the continuation of this contract for the next fiscal year, then the Customer may terminate this Agreement without cause and without penalty due to non - appropriation of funds, upon thirty (30) days notice to PPSS. 10 INTELLECTUAL PROPERTY. PPSS will have and retain full and exclusive ownership of all intellectual property rights associated with any design, data, specification, know -how, software, device, technique, algorithm, method, discovery or invention, whether or not reduced to practice, relating to any (a) Software, Equipment and related documentation; (b) Service, including any PPSS work product; (c) result of a Service; (d) Confidential Information; and/or (e) enhancement or improvement to or derivative of any of the foregoing (collectively, including the intellectual property rights relating thereto, PPSS IP "). Customer receives a nonexclusive, nontransferable, terminable license to use the PPSS IP only as necessary for Customer to use the Services, Software and Equipment and subject to the terns of any applicable Attachment. Customer receives no other right, title or interest in or license to use any PPSS IP. Additionally, Customer will not disclose or allow access to PPSS IP, including without limitation, -software and systems, by anyone other than Customer's employees and subcontractors who have a need to access the PPSS IP and who are bound by law or written agreement to comply with Customer's duties under this Agreement. Customer will not directly or indirectly reverse engineer, decompile, disassemble or copy any PPSS IP. Customer will return all PPSS IP at the conclusion of the applicable Service. Customer will cooperate to take such actions reasonably requested to vest ownership of PPSS IP in PPSS. 11 ON -SITE SERVICES. ff PPSS personnel perform Services on Customer's premises, (a) Customer will provide all appropriate facilities, access, furnishings, equipment, software, documentation, passwords, and data; (b) Customer will maintain adequate security, safety, utilities, and environmental standards, consistent with industry standards; and (c) while on Customer's premises, PPSS personnel will comply with Customer's standard rules and regulations consistently applied and communicated to PPSS in advance. Additional provisions in Exhibit A may also apply. 12 INSURANCE. 12.1 PPSS will maintain during the term of this Agreement (a) workers' Compensation insurance as prescribed by the law of the state or province in which the Services are performed; (b) employer's liability insurance with limits of at least $500,000 for each occurrence; (c) comprehensive automobile liability insurance if the use of motor vehicles is required, with limits of at least $1,000,000 combined single limit for bodily injury and property damage for each occurrence; (d) Commercial General Liability ( "CGL') insurance, including Blanket Contractual Liability and Broad Form Property Damage, with limits of at least $1,000,000 combined single limit for bodily injury and property damage for each occurrence; (e) Professional Liability or Errors and Omissions insurance in the amount of at least $1,000,000 for each occurrence; and (f) excess or umbrella liability at a limit of no less than $5,000,000 per occurrence and aggregate in excess of the underlying coverage required above. The CGL, employer liability, excess or umbrella liability, and automobile liability policies will designate the other Party and its officers, directors and employees as an Additional Insured. 12.2 On Party's written request, PPSS will furnish certificates evidencing the foregoing insurance. Party will endeavor to notify the other in writing at least thirty (30) days prior to any cancellation or termination of its policy. 13 MISCELLANEOUS 13.1 Force Maieure. Neither Party will be liable for delays and/or defaults in its performance (other than Customer's obligation to pay fees) due to causes beyond its reasonable control, including the following: as of God; war, terrorism or the public enemy; fire or explosion; flood; stability or availability of the Internet; the elements; telecommunication system failures; technology attacks, epidemic; riots; embargoes; quarantine; viruses; changes in applicable laws, rules or regulations, strikes or lockouts; disputes with workmen or labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; or acts or requests of any governmental authority. 13.2 Notices. Alt notices required hereunder will be made in writing to the addresses below the signature line. Notices will be acceptable only if provided as follows, and will be deemed given (a) one (1) day after deposit with an overnight courier, charges prepaid; (b) three (3) days after mailing by first class, certified, or Registered Mail charges prepaid, return receipt requested; and (c) when delivered by hand with confirmed receipt. 13.3 Changes and improvements. PPSS may enhance and/or modify Services, Software, Equipment and specifications in response to changes in laws, on reasonable notice to Customer. 13.4 Independent Contractors. The Parties are independent contractors, and nothing herein will be construed to any other effect. 13.5 Exclusivity. Except as specified in an Attachment, neither Party is bound by any exclusivity to the other under this Agreement. 13.6 No Third Party Beneficiaries: This Agreement benefits Customer and PPSS. There are no intended third party beneficiaries, including Customer's customers. 13.7 Severability; No waiver. To the extent any provision of this Agreement or any Attachment is invalid or unenforceable; it will be ineffective without affecting the remaining provisions. No course of dealing or failure of a Party to enforce any provision of this 9/25109. Page 2 -99- PPSS Agreement for Services, Software and Equipment Agreement, or to exercise any right, obligation, or option provided hereunder, will be deemed to amend this Agreement or constitute a waiver of the same. 13.8 Interpretation. In this Agreement, Including" means "including, without limitation', and 'days' refers to calendar days. This Agreement and each Attachment is the joint work product of PPSS and Customer; no inference may be drawn or rules of construction applied against either Party to interpret ambiguities. If any terms of this Agreement and an Attachment conflict, the terms of the Attachment will govern for that Attachment only. No preprinted or form terms on a purchase order will apply. 13.9 Assignment. This Agreement will be binding on the successors and assigns of both Parties, provided however, that neither Party may transfer or assign this Agreement without the prior written consent of the other, not to be unreasonably withheld. However, PPSS may assign this Agreement to an Affiliate or to an acquirer of all or part of PPSS' business or assets without such consent. Any other assignment or transfer by either Party wiN be void and of no effect. 13.19 Governing Law. Venue. This Agreement will be governed by and construed under the laws of Colorado (or, if indicated, the following applicable state law rather than Colorado: Texas), without regard for its choice of law principles. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply. 13.11 Remedies. Either Party will be entitled to immediate injunctive relief, without the posting of a bond or demonstration of irreparable harm, for breach of Section 5 or 10 above. Except as stated herein, the rights and remedies of each Party are in addition to any other rights or remedies available at law or in equity. 13.12 Laws. Regulations, Permits. Each Party represents that it has or will obtain ail consents, licenses, permits and certificates required to receive or perform the Services, use the Software and Equipment, and to do business in the United States. If PPSS reasonably believes that continued performance of the Services would cause PPSS or Customer to violate any law, statute, ordinance, court order or regulatory agency rules, PPSS may cease the applicable Service(s) to the extent reasonably required to correct or avoid the violation. 13.13 Advertising and Public itv. Except for materials already made public, neither Party will distribute any news releases, articles, brochures, speeches, or advertisements concerning this Agreement, nor use the other Party's name or trademarks (or any variation thereof), without the other Party's prior written consent, not to be unreasonably withheld or delayed. PPSS may, however, use Customer's name and trademarks in a list of customers, or in connection with written sales or promotional materials. 13.14 Survival. Sections 5, 7, 8, 10 and 13 will survive the expiration or termination of this Agreement or any Attachment. 13.15 Entire Agreement. This Agreement, together with any Attachments), constitutes the Parties' entire understanding, and supersedes any prior written or oral agreements or understandings, related to the subject matter hereof. This Agreement may be executed in any number of counterparts and/or by facsimile or scanned electronic (e.g. .pdf, .tif) copy, all of which taken together will constitute a single instrument. This Agreement or any Attachment may be modified only by a mutually executed amendment This Agreement is not enforceable unless properly executed by both Parties. Representing that it has full authority to enter into and perform under this Agreement, each of the Parties hereby executes and authorizes this Agreement as of the Effective Date. CITY OF CORPUS CHRISTI, TEXAS POSITRON PUBLIC SAFETY SYSTEMS CORP. Authorized Signature Name Typed or Printed Title Dated signed: Address for Notices: 321 John Sartain Street Corpus Christi, TX 78401 Attn: Tel: Authorized Signature Mary Hester Name Typed or Printed Executive Vice President Title Address for Notices: 5101 Buchan 4 etage -- 4th floor Montreal, QC H4P 2R9 Attention: Legal Department Tel: (514) 345 -2200 Date signed: With a copy to: 1 601 Dry Creek Dr. Longmont, CO 80503 Attention: Legal Department Tel: (720) 494 -5800 9 /25/09. Page 3 —100— PPSS Agreement for Services, Software and Equipment EXHIBIT A Software, Equipment and On -Site Services Terms These terms ("Terms") apply to Software, Equipment and On -Site Services if ordered in a Quote. These Terms are in addition to, and do not modify the terms of the other parts of the Agreement to which this Exhibit is attached. If any of these Terms conflict with the Agreement or the Quote, these Terms will control as they relate to Software, Equipment and On -Site Services only. Capitalized terms have the meaning defined in these Terms or, if not defined, the meaning set forth in the Agreement. 1 SOFTWARE. 1.1 License Grant. Subject to these Terms and the Agreement, PPSS grants to Customer a personal, nonexclusive, nontransferable, non- sublicensable, license to use the Software at the locations ( "Site ") and on the number of servers, workstations and users or other applicable metric set forth in the Quote (the "Permitted Workstation(s)" or "Permitted Use"), solely for Customers internal purposes, to copy the Software onto a storage device attached to each Permitted Workstation, and to make one (1) copy solely for backup and disaster recovery purposes. 1.2 Qwnership. Nothing herein will transfer or convey to Customer any right, title or interest in or to the intellectual property rights in the Equipment or the Software. The Software will be deemed PPSS IP, and all right, title and interest in and to the Software are vested in and will remain the property of PPSS or its licensors. All ideas, concepts, methods, know -how and techniques related to the Software will remain the sole property of PPSS. The Software is being licensed to Customer only. Customer agrees not to claim or contest the title or ownership of PPSS or its licensors in or to the Software or the intellectual property rights therein. 12 Restrictions. Customer will not itself, or through any Affiliate, agent or other third party: (a) sell, lease or sublicense or otherwise transfer the Software; (b) decompile, disassemble, reverse engineer or otherwise attempt to derive source code from the Software; (c) modify or enhance the Software or write or develop any derivative software or any other functionally compatible, substantially similar or competitive products; (d) network the Software or use the Software to provide processing services to third parties, commercial timesharing, rental or sharing arrangements or otherwise use the Software on a service bureau basis; (f) provide, . disclose, divulge or make available to, or permit use of the Software by any third party without PPSS' prior written consent; or (9) use or copy the Software except as permitted hereunder. 1.4 Term and Termination. The license granted hereby will remain in force until terminated, if at all, due to a material breach by Customer that is not cured within fifteen (15) days following notice. Termination of the license granted hereby will not limit PPSS from pursuing all remedies available to it, including injunctive relief, nor will such termination relieve Customer's obligation to pay alt fees that have accrued or are otherwise owed by Customer under the Agreement. Upon termination, Customer will to the extent applicable (a) cease using the Software, and (b) certify to PPSS within one (1) month after termination that Customer has destroyed or has returned to PPSS the Software and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not modified or merged into other materials. 1.5 Audit. Upon forty-five (45) days written notice, PPSS may audit Customer's use of the Software. Customer agrees to cooperate with PPSS' audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with Customers normal business operations. if Customer does not pay, PPSS can end Customers maintenance and support, licenses and/or the Agreement. Customer agrees that PPSS shall not be responsible for any of Customer's costs incurred in cooperating with the audit. 2 EQUIPMENT. Equipment will be shipped FOB Montreal, Canada (lncoterms 2000). Unless otherwise specified by Customer on the Quote, PPSS will ship Equipment in accordance with PPSS' customary method. All shipping and handling charges will be prepaid by PPSS and charged to Customer. PPSS will not be liable for any loss, damages or penalties for delay or failure in delivery for any cause. 3 ON-srrE SERVICES. 3.1 PPSS Obligations. If PPSS performs On -Site Services, such as installation ("Installation"), site survey, project management, training or cutover services (as applicable, "On -Site Services"), PPSS PPSS will: (a) Install and perform acceptance testing on the Software and Equipment at the Site in accordance with PPSS' normal installation and testing practices. (4 Perform training as specified in the Quote. (c) Designate a project manager with authority, competence and responsibility to communicate information to PPSS and to act as liaison between PPSS and Customer. 3.2 Customer Obligations. If On -Site Services are ordered, Customer will, at its expense: (a) Designate a general project coordinator, with authority, competence and responsibility to communicate information to PPSS and to act as liaison between Customer and PPSS. (b) Provide unobstructed access for the installation and testing of the Software and Equipment (collectively, "System") throughout the Site consistent with the requirements of installation and testing, including obtaining the necessary consent from the landlord, the building owner, the mortgagee and/or any other third parties having an interest in the installation Site to install the Software and Equipment, and to assist PPSS in obtaining any other necessary approvals and permits for same. (c) Monitor acceptance testing. (d) Provide access for installation of cable and Equipment throughout the Site. (e) Ensure that any Equipment provided by Customer meets PPSS' specifications. (1) Provide, within the Site, suitable and easily accessible floor space to permit for secure storage of tools, test sets, lockers and employees' personal effects. (q) Ensure that the Site will meet all temperature, humidity controlled, air - conditioned, and other environmental requirements set forth in the applicable specifications and will be dry and free from dust in such condition as not to be injurious to the employees or agents of PPSS or the Software or Equipment to be installed. (h) Provide all patching, painting, openings, conduits, floor reinforcements or other mechanical modifications pertinent to the installation. (1) Provide ample electric current of proper voltage for any necessary purpose suitably terminated in a room where it is required, including properly grounded copper cold water pipe before meter ground at the Site as specified by PPSS. (1) Provide an exclusive VPN tunnel to allow for remote diagnostics and a modem for establishing the remote access by PPSS. (k) Dispose of all Software and Equipment packing material. (1) Provide staff if required at what may end up being nonstandard work times (early, late and weekends). 9125109. Page 4 PPSS Agreement for Service4 Software and Equipment (m) Maintain, at all times, a procedure, external to the Software and Equipment, for the reconstruction of lost or altered files, data, or programs deemed necessary by Customer. (n) Ensure that PPSS is advised and informed in a timely and detailed fashion of any problems with the Software or Equipment. (0) Provide PPSS with any information required under this Agreement for the performance of same. (p) Ensure Customer's third party vendors collaborate with PPSS in a reasonable and timely manner. (q) Ensure proper staff is On-Site for technical training, if applicable. (r) Be responsible for any modification, changes, or repairs to any wall covering, cut outs or modifications to furniture needed during or after the installation of equipment. 3.3 Exclusions, Changes. If On-Site Services are prevented, interrupted or delayed due to Customer's failure to meet its obligations stated above, Customer will be responsible for applicable travel and lodging costs, charges at PSSS' standard hourly rates for the time during which such On-Site Services were prevented, interrupted or delayed, and any other direct costs incurred by PPSS. PPSS will not be deemed to be in default nor be held responsible for any delays or failures resulting from an event of Force Majeure or for any delays resulting from Customer or any of Customer's third party vendors or from Customer's obligations stated above. Changes to the design or installation plan by Customer after the original Quote will be considered a request for a change order. Upon receipt of a request for a change order, PPSS will within ten (10) business days either accept or refuse the request for a change order and will issue a new quote to cover any costs, if applicable, associated with the change order. 4 ACCEPTANCE. Unless PPSS is performing Installation, the Software and Equipment will be deemed accepted upon delivery. If PPSS is performing Installation, then Customer will provide PPSS with a written notice of acceptance or reasonable rejection within ten (10) calendar days after PPSS' notice of System Cutover ( "Notification Date"), which acceptance will not be unreasonably withheld or conditioned. If Customer rejects the Software and Equipment, it will notify PPSS in writing within ten (10) calendar days of the Notification Date and will specify the failure with respect to the specifications. PPSS will use commercially reasonable efforts to promptly diagnose and correct all identified failures. If Customer falls to provide written notice of rejection within the time stated above, acceptance will be deemed to have occurred. "System. Cutover" will mean the first date that the Software and Equipment is used for live call-taking or dispatching. The date of acceptance will be referred to as the "Acceptance Date'. 5 L1NrTED WARRANTY 5.1 Subject to the provisions of this paragraph, PPSS warrants that the PPSS Software and Equipment will perform substantially in accordance with PPSS' specifications for twelve (12) months from the Acceptance Date. PPSS will, at its sole discretion and as Customer's sole remedy, repair or replace the problem Software and Equipment, provided that the problem can be reproduced on either PPSS' or Customer's systems. Replacement parts are warranted to be free from defects in material and workmanship for ninety (90) days or for the remainder of the limited warranty period of the PPSS Equipment they are replacing, whichever is longer. 5.2 Freight costs to ship defective Equipment and/or Software to PPSS are home by Customer, with return of replaced or repaired Equipment and/or Software to be at PPSS' expense. 5.3 PPSS will not be obligated to repair or replace any Software or Equipment which (1) has been repaired by others; (ii) has been abused or improperly handled, stored, altered, or used with third party material or equipment; (111) has been subject to power failures or surges, lightning, fire, flood or accident; or (iv) has not been installed by PPSS or a PPSS authorized technician. 5.4 PPSS will pass through to Customer any and all warranties provided by third party manufacturers for products supplied to Customer by PPSS under this Agreement. Customer' s access to and use of third party Equipment and Software will be and remain subject to all terms, conditions and licenses imposed by the manufacturers and/or third party licensors of such third party Equipment or Software and Customer will comply with same. 6 PAYMENT 6.1 Customer will pay to PPSS the total amounts identified on the Quote for Software, Equipment and On-Site Services ordered under the Quote, according to the following terms (which will supersede any terms in the Quote): • 30% - upon execution of this Agreement • 30% - upon shipment • 30% - upon System Cutover • 10% -upon Acceptance Maintenance and Support Services shall be payable annually as set forth in the Quote and payments shall be due upon each anniversary of System Acceptance. 52 Cancellation Fees. Should Customer cancel, prior to shipment, any Software, Equipment or On-Site Services, Customer agrees to pay to PPSS cancellation charges, not as a penalty, an amount equal to twenty -five percent (25%) of the purchase price of the cancelled order. Anything that has been specifically developed for Customer, including any special order or custom Software or Equipment, will not be subject to cancellation. Cancellation or rescheduling is not permissible after shipment. 7 THIRD PARTiE&. Customer covenants and undertakes to take all reasonable precautions to prevent third parties from using the Software or Equipment in any way that would constitute a breach of these Terms or the Agreement. 9125109. Page 5 PPSS Agreement for Service., Software and Equipment Exhibit B Standard Maintenance and Support Services Terms These Standard Maintenance and Support Services Terms ("MSS Terms") apply if Customer has ordered any of the services detailed herein pursuant to the Quote. Any services detailed herein that have not been ordered by the Customer shall not apply or be provided to Customer by PPSS. These terms are in addition to, and do not modify the terms of the Agreement to which this Exhibit B is attached. 1f any of these MSS Terms conflict with the Agreement or the Quote, the terms of the Quote will prevail as they relate to the MSS Terms only and the MSS Terms will prevail over the terms of the Agreement. All capitalized terns not defined in these MSS Terms shall have the meanings set out for such terms in the Agreement. 1.0 Description of Maintenance and Support Services 1.1 Help Desk Support if the Customer has purchased Help Desk Support, PPSS' Help Desk shall be accessible by the Customer twenty -four (24) hours a day, seven (7) days a week at 1400461 -2595 to take calls from Customer and perform initial troubleshooting by remote connection. The Customer shall also have access to PPSS' on -line services: http:lftechsupport.positron91 ; .conn/helpdesk . Help Desk R SEVERITY LEVEL 1 eSpOn se Time Goals and Severity Levels DEFINITIONS RESPONSE Tim GOALS PROBLEM CORRECTION Product FailurelLoss of Service: Severity Level 1 problems involve a System failure and a major loss of functionality that renders the entire System inoperable. 15 minutes 2 3 4 Severely Impaired Functionality Jmore than 50 %): Severity Level 2 problems involve the failure or loss of functionality of noncritical functional components or features, while the System itself remains operable. Severity Level 2 involves a major impact such as a loss of 50% of call taking capacity or a loss of all of dispatch or the loss of a major functionality (e.g. no delivery of either ANl or ALl). Noncritical system failure (less than v0 :. This class of problem requires action from the Help Desk within a short time Severity Level 3 problems may cause performance degradation or system components to malfunction. Severity Level 3 may involve one (1) position nonfunctioning. Minor Issue: This class of problem is not service - affecting and includes problems such as incorrect operation of a minor functionality or System component that is infrequently used, and problems that have feasible work around available (e.g. incorrect operation of a functionality of 911 without loss of all of dispatch). Core functionality is functional. 1 hour 8 hours 2 days PPSS shall provide the Customer with a program code correction, program code patch, or a procedure for the Customer to bypass or work around the defect in order to continue operations. If a bypass procedure is used, PPSS shall continue defect resolution activity, on a high severity basis, until a program correction code or patch is provided to the Customer. PPSS shall provide the Customer with a program code correction, program code patch, or a procedure for the Customer to bypass or work around the defect in order to continue operations. If a bypass procedure is used, PPSS shall continue problem or defect resolution activity, on a high severity basis, until a program correction code or patch is provided to the Customer. PPSS shall provide the Customer with a program code correction in a maintenance release. Code correction may be provided in a future maintenance release. If, however, code correction in a future maintenance release is not achievable by PPSS using commercially reasonable efforts, PPSS will make a commercially reasonable effort to provide a work around solution. 1.2 Software Evergreen If the Customer has purchased Software Evergreen, PPSS shall provide the Customer with each applicable new release, upgrade and maintenance release of the Software as detailed in the Quote, for the Permitted Workstations. The Customer is responsible for installation of all of these releases. Should the Customer prefer to have PPSS deploy a release, PPSS shall 9/25109. Page 6 PPSS Agreement for Service Software and Equipment dispatch appropriate personnel to perform the upgrade on a mutually agreed upon date at PPSS' then current prices for such services. The Software Evergreen provided hereunder does not include any of the following: (a) Implementation, training or installation. Upon reasonable notice from the Customer, PPSS shall provide implementation, training and installation services for a new release, a maintenance release or an upgrade on a time and materials basis at PPSS' then current rates for such installations services. (b) Modifications or customization of the Software other than corrections of defects made or provided under these MSS Terms; (c) Consultation for new programs or equipment; (d) Correction of problems, and assistance regarding problems, caused by operator errors, including but not limited to the entry of incorrect data and the maintenance of inadequate backup copies and improper procedures; and/or (e) Correction of errors attributable to software other than the licensed Software. Upgrade of the Customer's operating system, Equipment and/or third party software may be required from time to time to support new releases, maintenance releases or upgrades of the Software. Customer shall be solely responsible for the cost of such upgrade. 1.3 On-Site Maintenance if the Customer has purchased On -Site Maintenance and should PPSS' Help Desk be unable to resolve a problem, a technician shall be dispatched On-Site. On-Site Maintenance shall include the following: (a) all labor required to repair or replace the System or any component thereof and (b) availability of technicians on a seven (7) days a week, twenty -four (24) hours a day basis. Such technicians, upon receipt of a support or maintenance call, will be at the Customer Site within the times set out in the table below. The On-Site time arrival times stated below refer to the elapsed time between the initial call placed by the Customer to PPSS and the arrival of a technician On-Site. These On-Site response times assume that the Customer is located within a suitable distance from a PPSS service center or an authorized PPSS service provider or technician, failing which Customer must contact PPSS for applicable On-Site response times. if the Customer did not purchase On-Site Maintenance but requests a technician On-Site, PPSS shall dispatch a technician to the Site on a time and materials basis at PPSS' then current rates. 1.4 Extended Hardware Warranty If the Customer purchased Extended Hardware Warranty, PPSS warrants that the Equipment shall perform in accordance with PPSS' specifications. The warranty fully covers workmanship, materials and labor. The Extended Hardware Warranty includes use of PPSS' Help Desk and repair or replacement of PPSS manufactured Equipment or components thereof. The Extended Hardware Warranty shall commence upon expiry of the original warranty and shall remain in force for the period specified in the Quote. If an Equipment problem arises, PPSS shall, at its sole discretion, repair or replace the problem unit and return it to the Customer within ten (10) days of receipt of said unit. Freight costs to ship defective Equipment to PPSS are home by the Customer, with return of replaced or repaired Equipment to be at PPSS' expense. 1.6 Advance Replacement If the Customer has purchased Advance Replacement, then in the event that any PPSS manufactured Equipment is defective during the Term, PPSS shall under this program, provide Customer with a replacement unit at no additional charge. The replacement unit will be shipped within twenty -four (24) hours of receiving a request from Customer. Customer must return the defective Equipment to PPSS within ten (10) business days, failing which Customer shall be charged for the replacement unit. 2.0 Exclusions to Maintenance and Su000rt Services The following services are outside the scope of the Maintenance and Support Services provided by PPSS and may result in additional charges, on a time and material basis: (a) Repair of damage or the increase in service time due to any cause external to the System which adversely affects its operability or serviceability, including but not be limited to, fire, flood, water, wind, lightning, and transportation of the System from one (1) location to another (b) Repair of damage or the increase in service time caused by failure to continually provide a suitable installation environment, including, but not limited to, the failure to provide adequate electrical power, air conditioning or humidity control, or the Customer's improper use, management or supervision of the 9/25/09. Page 7 Severity 1 Severity 2 Severity 3 Severity 4 and 5 Arrival Can -Site Goals: 4 hours after initial PPSS contact. 4 hours after initial PPSS contact. 24 hours after initial PPSS contact. next business day after initial PPSS contact These On-Site response times assume that the Customer is located within a suitable distance from a PPSS service center or an authorized PPSS service provider or technician, failing which Customer must contact PPSS for applicable On-Site response times. if the Customer did not purchase On-Site Maintenance but requests a technician On-Site, PPSS shall dispatch a technician to the Site on a time and materials basis at PPSS' then current rates. 1.4 Extended Hardware Warranty If the Customer purchased Extended Hardware Warranty, PPSS warrants that the Equipment shall perform in accordance with PPSS' specifications. The warranty fully covers workmanship, materials and labor. The Extended Hardware Warranty includes use of PPSS' Help Desk and repair or replacement of PPSS manufactured Equipment or components thereof. The Extended Hardware Warranty shall commence upon expiry of the original warranty and shall remain in force for the period specified in the Quote. If an Equipment problem arises, PPSS shall, at its sole discretion, repair or replace the problem unit and return it to the Customer within ten (10) days of receipt of said unit. Freight costs to ship defective Equipment to PPSS are home by the Customer, with return of replaced or repaired Equipment to be at PPSS' expense. 1.6 Advance Replacement If the Customer has purchased Advance Replacement, then in the event that any PPSS manufactured Equipment is defective during the Term, PPSS shall under this program, provide Customer with a replacement unit at no additional charge. The replacement unit will be shipped within twenty -four (24) hours of receiving a request from Customer. Customer must return the defective Equipment to PPSS within ten (10) business days, failing which Customer shall be charged for the replacement unit. 2.0 Exclusions to Maintenance and Su000rt Services The following services are outside the scope of the Maintenance and Support Services provided by PPSS and may result in additional charges, on a time and material basis: (a) Repair of damage or the increase in service time due to any cause external to the System which adversely affects its operability or serviceability, including but not be limited to, fire, flood, water, wind, lightning, and transportation of the System from one (1) location to another (b) Repair of damage or the increase in service time caused by failure to continually provide a suitable installation environment, including, but not limited to, the failure to provide adequate electrical power, air conditioning or humidity control, or the Customer's improper use, management or supervision of the 9/25/09. Page 7 .PPSS Agreement, for Services Software and Equipment System including, without limitation, the use of supplies and accessories. Proper use and environmental requirements are determined by the Product documentation; (c) Repair of problems caused by the use of the System for purposes other than for which it is designed; (d) Repair of problems caused by changes to the Equipment and/or the network made without obtaining PPSS' prior approval; (e) Repair or replacement of any item of the System which has been repaired by others, abused or improperly handled, improperly stored, altered or used with third party material, software or equipment, which material, software or equipment may be defective, of poor quality or incompatible with the System, and PPSS shall not be obligated to repair or replace any component of the System which has not been installed by PPSS or a PPSS authorized technician; { Removal, relocation and/or reinstallation of the System or any component thereof, (9) Diagnosis time directly related to unauthorized components and/or misuse of the System, whether intentional or not; (h) Any design consultation such as, but not limited to, reconfiguration analysis, consultation with the Customer for modifications and upgrades which are not directly related to a problem correction; and/or (i} Provision of any operational supplies, including by not limited to, printer paper, printer ribbons, toner, printer cartridges, photographic paper, magnetic tape and any supplies beyond those delivered with the System. 3,0 Problem Management Flow The Public Safety Answering Point Supervisor (the "PSAP Supervisor"), as appointed by the Customer, shall place a call to PPSS' Help Desk at 1- 800 -361 -2595 to report a trouble incidence. Should the first level support technician not be able to resolve the trouble and require assistance, he /she may escalate the problem to PPSS' second level support technician. Should the second -level support technician be unable to resolve the problem, the problem shall be further escalated to the Engineering Department. In the event that PPSS and the Customer are unable to resolve a problem remotely and the Customer has purchased On -Site Maintenance, PPSS may decide to dispatch technical personnel On-Site to resolve the problem. if the Customer has not purchased On-Site Maintenance, then, at Customer's request, PPSS will coordinate with the Customer to dispatch a technician On-Site, at a mutually agreeable schedule. On-Site services requested by the Customer shall be charged by PPSS to the Customer on a time and material basis, at PPSS' then current rate. PPSS shall not send a technician On-Site without first obtaining Customer's approval. PPSS shall not be held responsible for delays in resolution and /or any damage to the System in the event that PPSS deems it necessary to send a technician On-Site to assist Customer and the Customer refuses same. The trouble ticket is closed only with the agreement of the Customer's PSAP Supervisor. 3.1 Interface to the Customer Site in order to provide the agreed level of support, PPSS' technicians shall require access to the Site. Methods of access are as described in the following sections. (a) Remote Connection PPSS requires that the Customer provide an exclusive VPN tunnel and a modem so that PPSS technicians may remotely login to the System. PPSS technicians may need remote access to the System to analyze the System configuration, aid in problem analysis or to modify the System configuration for a problem work around. Remote access may also be used for transmission of Software updates to the Customer. Remote access must be available twenty -four (24) hours a day, seven (7) days a week. PPSS' request to halt any System functionality shall require the PSAP Supervisor's approval. PPSS shall not perform any service - affecting activity without informing the PSAP Supervisor in advance and receiving proper authorization. PPSS recognizes the need for security of remote access facilities. PPSS shall work within the Customer's security guidelines whenever possible. If the Customer's remote access facility is dysfunctional, PPSS shall not be held liable for response times. (b) Access to Site The Customer shall provide PPSS' personnel or its local service provider with full access to the Site at all required times. 4.0 Breach or Default Should either Party be in breach or default of its obligations in relation to these MSS Terms, the other Party shall give a written notice stating that a breach or default exists. If the Party in default has not started or completed appropriate corrective action within thirty (30) days of receipt of the written notice, then the other Party may at its option send a notice of default and may elect at its sole discretion to cancel these MSS Terms and to exercise any right or remedy it has in law, subject to these MSS Terms. Should the Customer cancel these MSS Terms pursuant to this Section 4.0, Customer shall be entitled to a prorated refund of any prepaid and unused maintenance and support services fees paid hereunder. 5.0 Local Service Provider Notwithstanding anything to the contrary in these MSS Terms or the Agreement, PPSS may subcontract On-Site maintenance services to a local service provider. 9125/09 Page 8 PPSS Agreement for Services, Software cord Equipment EXHIBIT C Confidentiality Terms 1. During the course of this Agreement, either Party may receive or have access to Confidential Information of the other. "Confidential Information" means any confidential information or data disclosed by a Party ( "Disdosinq Party") to the other Party ("Recipient") under or in contemplation of this Agreement, which (a) if in tangible form or other media that can be converted to readable form is dearly marked as Confidential, proprietary, or private when disclosed; or (b) if oral or visual, is identified as Confidential, proprietary, or private on disclosure. The terms "Disclosing Party" and "Recipient' include each Party's Affiliates that disclose or receive Confidential Information. Information. Each Party will cause its Affiliates, employees, and employees of its Affiliates to comply with the obligations of this Exhibit C, and each Party agrees that it is responsible for the due compliance with this Exhibit C by each of such Affiliates and employees. Actions or omissions by a Party's Affiliate, employee, or an employee of its Affiliate, that if taken by said Party would constitute a breach of this Exhibit C, will be considered to be also actions or omissions of said Party and therefore a breach of this Agreement by said Party. The Recipient will and will cause its employees, Affiliates and employees of Affiliates to (1) use the Confidential Information only in connection with the Recipient's performance of its obligations or in exercising its rights under this Agreement (ii) restrict disclosure of the Confidential Information to employees of the Recipient and its Affiliates with a `need to know* and not disclose it to any other person or entity without the prior written consent of the Disdosing Party; OD advise those employees and Affiliates who have access to the Confidential Information of their obligations with respect thereto; (iv) treat the Confidential Information with at feast the same degree of care to avoid disclosure to any third party as is used by Recipient with respect to its own information of like importance which is to be kept secret; and (v) copy the Confidential Information only as necessary for those employees who are entitled to receive it and ensure that all confidentiality notices are reproduced in full on such copies. 2. For the purposes of this Exhibit C only, "employee" includes third parties retained by the Parties for temporary consultative, administrative, clerical, programming or related Services support A "need to know" means that the employee reasonably requires the Confidential Information to perform his or her responsibilities in connection with this Agreement 3. "Confidential Information" will not include, and the provisions of this Exhibit C will not apply to, any information that (a) is or becomes available to the public through no breach of this Agreement (b) was known by the Recipient without any obligation to hold it in confidence; (c) is received from a third party free to disclose such information without restriction; (d) is independently developed by the Recipient without the use of Confidential Information of the Disclosing Party; or (e) is approved for release by written authorization of the Disclosing Party but only lo the extent of such authorization. If Recipient is required by judicial or administrative action (e.g. subpoena, order), taw or regulation to disclose Confidential information of the Disclosing Party, Recipient may do so, but only to the extent so required. In such event, Recipient will give sufficient notice to the Disclosing Party to allow the Disclosing Party an opportunity to obtain an appropriate protective order. 4. Confidential Information, including copies, will be deemed the property of the Disclosing Party. The Recipient will, within twenty (20) days of a written request by the Disclosing Party return all Confidential Information (or any designated portion thereof), including all copies thereof, to the Disclosing Party or if so directed by the Disclosing Party, destroy such Confidential Information and any other materials (tangible and intangible) that contain, reflect, or are based on all or any part of the Disclosing Party's Confidential Information. 5. The terms of this Exhibit C will survive any termination or expiration of this Agreement for a period of five (5) years, except for any item of Confidential Information that is a trade secret, for which such obligations will survive for so long as such item remains a trade secret. 9125/09. Page 9 PPSS Agreement for Services, Software and Equipment EXHIBIT D QUOTE Q72545 The quote follows this cover page 9125/09. Page 10 p s 1TR r snms Pubic Sarety c.,'tict • • • ••• .. • .. - • Positron Public Safety Systems Summary Maintenance Services Help Desk & On-Site Support - 1 Year (Year 1) - - - $ 50,753.50 Help Desk & On-Site Support - Year 2 $ 52,276.11 Help Desk & On-Site Support - Year 3 $ 53,844.39 Help Desk & On-Site Support - Year 4 $ 55,459.72 Help Desk & On-Site Support - Year 5 $ 57,123.51 The Intonnation contained in this document is proprietary to Positron and is offered solely for the purpose of evaluabon. Copyright 2009 Positron Public Satety Systems CONFIDENTIAL Q72545 - MetroComrn, TX - Summary Page 2 of 4 July 22, 2009 P077,1TROM P:11,1i7 Positron Public Safety Systems Maintenance Services 1_ 2 • • - -" - Help Desk & On-Site Support, One Year Help Desk & On-Site Support - Year 2 Help Desk & On-Site Support - Year 3 Help Desk & On-Site Support - Year 4 Help Desk & On-Site Support - Year 5 The information contained in this document is proprietary to Poston and is offered SO lely for the purpose of evaluation. Copyright 2009 Positron Public Safety Systems CONFIDENTIAL Q72545 - MetroComm, TX - Services 1 Page 3 of 4 July 22, 2009 $ 50,753.50 1 1 1 1 Subtotal S 50,753.50 $ 52,276.11 $ 53,844.39 $ 55,459.72 $ 57,123.51 Subtotal 8 218,703.74 PrAlTRON Positron Public Safety Systems 1 This Quote provides Maintenance services for Q69061I. It is assumed the customer has purchased all Base System items from Q690611. 2 The On -Site Maintenance Services consist of the following: - Help Desk access and services. Page 4 of 4 July 22, 2009 - On-Site remedy of any critical service affecting issues that cannot be resolved via Help Desk. A mutually agreed upon response time shall be negotiated between Positron and the Customer upon award of contract. - Hardware and Software replacement or repair (labor and associated travel and living expenses) Please note that this service does not cover the cost of either Positron or third party hardware or software components. These costs are covered by the standard Positron Hardware and Software Warranty (included with the initial solution purchase) and the optional Extended Hardware and Software Warranty, available for purchase from Positron. - Periodic Site visits by a Positron technician to inspect the proper operation of Positron's hardware and software. The frequency of the Site visits shall be negotiated between Positron and the customer upon award of contract. - On -Site installation of Software updates provided that the software is covered by the optional Software Evergreen service, available for purchase from Positron. PRICING All prices are in U.S. Funds.. Taxes, if applicable, are extra. FOB Positron, Montreal. Shipping costs are prepaid and charged. PAYMENT NET 30 Days DELIVER TBD. VALIDITY 120 days. The information contained in this document is proprietary to Positron and is offered solely for the purpose of evaluation. Copyright 2009 Positron Public Safety Systems CONFIDENTIAL Q72545 - MetroComm, TX - Notes :'5 QTR OT 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Data October 13, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $41,667 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $41,667 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $41,887 to maintain the laboratory beginning August 1, 2009, through June 30, 2010, as a Level B laboratory. This grant will fund the salary for one (1) technical position and the purchase of equipment to support the testing and teaching functions required in the grant as well as continuing to enable the lab to test food for possible outbreaks of food - borne illness. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FY08 -09. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding to maintain a Level B laboratory. Ann -tte Rodriguez, M. Interim Director of Public Health annetter(cctexas. com 361.826 -7205 BACKGROUND INFORMATION This item continues our current contract with the DSHS to maintain our laboratory at a Level B capacity within the Laboratory Response Network. This will enable the laboratory to test food for possible outbreaks of food -borne illness and flu testing. The contract period is from 8/1/09 - 6/30/10, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies, and additional funds to update equipment. This contract requires no matching funds. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009 - 032213 (Contract),.is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $41,667,00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 08/01/2009 and ends on 06/30/2010. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2009 - 032213 -001 CPS - LABORATORY RESPONSE NETWORK -HPP c. General Provisions (Sub - recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648 -1 —117— 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee, The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: Po BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648 -1 —118— By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1 100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Bumette@dshs.state.tx.us Telephone Number E-mail Address for Official Correspondence Eli - =t " . u Ass ant City Attorney For City Attorney A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $41,667 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $41,667 from the Texas Department of State Health Services for personnel costs and other expenses to fund a hospital preparedness program relating to a plan for re- sponding to an act of terrorism and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin August 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 21, 2009 Eliza • = h R. Hundley Assis - nt City Attorney for the City Attorney EHres24l .doc —120— Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $41,667 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $41,667 received from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to fund a hospital preparedness program relating to a plan for responding to an act of terrorism. 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: September 21, 2009 F :'&; r r , I ' cc., Elizab" th R. Handle y Assi nt City Attorne for the City Attorney EHord269.doc -122- 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 Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord269.doc —123— 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 13, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT AND OTHER EXPENSES TO FUND A PUBLIC HEALTH PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A PUBLIC HEALTH PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $1 80,351.00 to maintain the laboratory beginning August 1, 2009, through July 31, 2010, as a Level B laboratory. This grant will fund the salary for one (1) technical position and the purchase of equipment to support the testing and teaching functions required in the grant as well as continuing to enable the lab to test food for possible outbreaks of food -borne illness. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FYO8 -09. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding to maintain a Level B laboratory. Annette Rodriguez, M . P . H Interim Director of Public Health a n n ett a raj c ctex a s. co m 361-826-7205 —127— BACKGROUND INFORMATION This item continues our current contract with the DSHS to maintain our lab at a Level B within the Laboratory Response Network. This will enable the lab to test food for possible outbreaks of food -borne illness and flu testing. The contract period is from 8/1/09 - 7/31/10, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies, and additional funds to update equipment. This contract requires no matching funds. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009 - 032155 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY OF CORPUS CHRISTI (Contractor), a Government Entity, (collectively, the Parties). I. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $180,351.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 08/01/2009 and ends on 07/31/2010. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2009 - 032155 -001 CPS - LABORATORY RESPONSE NETWORK-PHEP 0. General Provisions (Sub - recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 1 7460005741 027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Bob.Burnette @dshs.state.tx.us 92648 -1 Telephone Number E -mail Address for Official Correspondence as to form. J L th w . Hundley A, -tent City Attorney For City Attorney —131— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $1 80,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT AND OTHER EXPENSES TO FUND A PUBLIC HEALTH PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment, and other expenses to fund a public health preparedness program relating to a plan for responding to an act of terrorism and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin August 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 21, 2009 Eliza th R. Hundley Assistant City Attorney for the City Attorney EHres240.doc —132— Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A PUBLIC HEALTH PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $180, 351 received from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to fund a public health preparedness program relating to a plan for responding to an act of terrorism. 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: September 21, 2009 Elizab': th R. Hundley Assist nt City Attorney for the City, Attorney EHvrd268.doc —134 -- Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord268.doc —135— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 13, 2009 AGENDA ITEM: A) A resolution authorizing the City Manager or his designee to accept a grant of $35,000 from the Coastal Bend Council of Governments and to execute an interlocal agreement to provide recycling and anti - litter education. B) An ordinance appropriating $35,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education; and declaring an emergency. ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires approval of an acceptance resolution by the City Council. The grant must be accepted and the funds appropriated prior to spending grant proceeds. REQUIRED COUNCIL ACTION: Approval of resolution and ordinance as submitted. PREVIOUS COUNCIL ACTION: July 28, 2009, City Council authorization to submit grant application. CONCLUSION AND RECOMMENDATION: Approval of resolution and ordinance to appropriate funding as submitted. G2�4� Lawrence Mikolajczyk, Director of Solid Waste perations BACKGROUND INFORMATION The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local and regional municipal solid waste projects in support of the adopted regional solid waste managements plan for the CBCOG region. In Fiscal Year (FY) 2002 -2003, Solid Waste Services received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach Program, $10,000 for a Household Hazardous Waste MedialOutreach Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi Community Clean -up events. In FY 2003 -2004, Solid Waste Services received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement, and $10,000 for Litter and Illegal Dumping Cleanup programs. In FY 2004 -05, Solid Waste Services received a total of $38,619 for the following: $26,619 for Solid Waste Local Enforcement, $2,000 for Education and Training, and $10,000 for Litter and Illegal Dumping Cleanup Programs. In FY 2005 -06, Solid Waste Services received a total of $44,880 for the following: $10,000 for a Community Media Outreach campaign for the City's Anti - Litter Ordinance, $10,380 for a third year of funding for an Assistant Compliance Officer, $4,500 for the disposal of scrap tires collected during the City's Neighborhood Initiative Program, and $20,000 to purchase new collection units for the used oil and HHW storage modules for the new Collection/Transfer Station at the J.C. Elliott Landfill. In FY 2006 -2007, Solid Waste Services received a total of $15,000 for recycling and anti - litter education. In FY 2007 -2008, Solid Waste Services received a total $31,120 for the following: $25,000 for recycling and anti - litter education, and $6,120 for household hazardous waste education materials and guides. In FY 2008 -09, Solid Waste Services received a total of $31,000 to provide recycling and anti - litter education. The contract was amended by adding $2,140 to supplement the purchase of three recycling containers for the marina, for a total amount of $33,140. In FY 2009 -10, Solid Waste Operations was awarded $35,000 for recycling and anti - litter education. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $35,000 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS AND TO EXECUTE AN INTERLOCAL AGREEMENT TO PROVIDE RECYCLING AND ANTI - LITTER EDUCATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $35,000 from the Coastal Bend Council of Governments and to execute an interlocal agreement to provide recycling and anti - litter education. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 5, 2009 Eliz- Vieth R. Hundle As tant City Attorney for the City Attorney EHres245.doc —141— Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $35,000 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO PROVIDE RECYCLING AND ANTI - LITTER EDUCATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $35,000 received from the Coastal Bend Council of Governments is appropriated in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education. 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: October 5, 2009 Elizab- h R. Hundley Asst - . t City Attorney for the City Attorney EHord273.doc —143— 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 P3-- ir►rr177'4 r4nr -144- 15 CITY COUNCIL. AGENDA MEMORANDUM Date: 10-13-09 AGENDA ITEM: A Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $400,000 with a minimum 20% in -kind match to the State Energy Conservation Office for a compressed natural gas (CNG) alternative fuel technology assistance grant and to execute all related documents. ISSUE: Funding is available through the State Energy Conservation Office and a resolution by City Council authorizing submission of the application and matching funds is a requirement of the grant application. REQUIRED COUNCIL ACTION: Passage of resolution authorizing submission of the grant application. FUNDING: The State is asked to grant $400,000 for equipment purchases. The Gas Department will provide a minimum 20% in -kind match through labor, property and equipment costs. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. Attachments: 1. Exhibit "A" -- Background Information 2. Exhibit "B" _ Site Map Deborah A. Marroquin, .E. Director of Gas Operations DebbieM cctexas. com 361 -885 -6924 —147 -- BACKGROUND INFORMATION ION The City of Corpus Christi Gas Department is requesting grant funds to expand an existing p g Compressed Natural Gas (CNG) refueling station located at 2525 Hygeia Drive near the existing City's Service Center refueling station. See Exhibit "B ". The request is a grant in the amount of $400000 with a minimum in -kind match of 20% to the State Energy Conservation Office. The Gas Department will provide the in -kind match through labor, property and equipment as outlined below: Proposed Labor and equipment = $39,500 Existing Improvements = $27,313 Land Value = $18,450 Total in kind match = $35,253 Currently, the City operates 31 natural gas vehicles and has received approval through g pp t ough the City Council for two CNG Solid Waste refuse trucks. This station will serve the existing fleet and is capable of servicing the future expansion of our fleet. With the proposed improvements p p improvements in place, heavy duty vehicles or large volume users will be able to fuel as fast as someone fueling with a diesel pump. The expansion will be convenient for departments that use heav y duty dut vehicles. The proposed improvements will allow ease of vehicles to enter and exist with no traffic congestion. This station will serve as an incentive for other departments to utilize CNG, further reducing our dependence on foreign fossil fuels while helping to g improve the air p quality in the City. EXHIBIT "A" A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $400,000 WITH A MINIMUM 20% IN -KIND MATCH TO THE STATE ENERGY CONSERVATION OFFICE FOR A COMPRESSED NATURAL GAS (CNG) ALTERNATIVE FUEL TECHNOLOGY ASSISTANCE GRANT AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to submit a grant application in the amount of $400,000 with a minimum 20% in -kind match to the State Energy Conservation Office for a compressed natural gas alternative fuel technology assistance grant and to execute all related documents. ATTEST: Armando Chapa City Secretary APPROVED: October 7, 2009 Eliza th R. Hundley Assistant City Attorney for the City Attorney EHres243 revd2.doc CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 13, 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five year fiber optic use agreement between City of Corpus Christi and Telwest Network Services, Inc. for use of a single pair of fiber optic cable connections; and declaring an emergency. ISSUE: Tel West Communication Services has requested use of a single fiber pair of the City's network in three areas of the City. Tel-West offers data services totaling a minimum of 120Mb bandwidth, at 1 designated by locations des' ated b the City of Corpus Christi and which are `on -net' with respect to Tel - west's Corpus Christi network, in consideration for use of the fiber pair.. REQUIRED COUNCIL ACTION: City Council must approve all inter -local agreements. PREVIOUS COUNCIL ACTION: Fiber share agreement with Tuloso Miday I.S.D. September 30, 2008 Fiber share agreement with Calallen I.S.D. June 21, 2001 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented, ti Michael Annstr ng Director of MIS Office: 361-826-3735 E -mail: michaelar@cctexas.com Attachments Exhibit A: Interlocal agreement BACKGROUND INFORMATION The City of Corpus Christi has a significant amount of installed fiber optic cable that supports City service delivery, electronic communication, traffic signals, wireless backhaul and other functions, The City occasionally extends its fiber optic network through cooperative "fiber sharing" agreements with non - profit and for-profit entities. Tel -West Communication Services has requested use of a single pair of fibers on the City's network on routes as depicted in Exhibit A and Exhibit B of the attached agreement, with access to be provided for lateral installs by Tel West at existing access points, splice cases, or slack loops. Tel - West has requested that the agreement provide for future requests for fiber pairs on existing or subsequently constructed routes subject to the terms and conditions set in the attached agreement. In consideration the City will receive data services totaling a minimum of l20Mb bandwidth at locations designated by the City that are `on -net' with respect to Tel - West's Corpus Christi network. The City may, in the future, request additional data services to other Tel West on -net locations subject to the terms and conditions set forth in the agreement. This agreement will allow the City to extend fiber -based communications to areas in which it does not currently have fiber infrastructure. The additional data services will allow us to expand our existing internet services by 20 Mb increments and provide a greater level of service to existing internet -based services supporting E- Government, Public Safety and our wireless network (which includes AMR services), public hotspots and other City functions. This agreement has no effect on existing fiber sharing agreements the City has with other entities, and in no way prevents the City from entering into similar agreements with other parties when such mutually beneficial opportunities may arise. City fiber routes which are affected by this agreement include: Route Description 1: (Start) City Hall -- to Lipan, to S.Alameda and Lipan, down S. Alameda to Ayers St. Junction, down Ayers to Holly and Ayers, down Holly towards Staples and Holly, down Staples St, under SPID continuing down Staples to Staples and Louisiana, down Louisiana to Shoreline, down shoreline to Power St., from Power and Shoreline to Mesquite, down Mesquite into Junction for Municipal Court -- (End) Route Description 2a: (Start) City Hall -- to Lipan, to S.Alameda and Lipan, down S. Alameda to Ayers St. Junction, down Ayers to Holly and Ayers, down Holly towards Kostoryz and Holly, down Kostoryz St, to S. Staples and Kostoryz, down S. Staples to Staples and Louisiana, down down Louisiana to Shoreline, down shoreline to Power St., from Power and Shoreline to Mesquite, down Mesquite into Junction for Municipal Court — (End) Route Description 2b: (Start) HollyfKostoryz Junction — down Holly towards Staples and Holly, down Staples St, under SPID continuing down Staples to Staples and Kostoryz, down Kostoryz back to HollyfKostoryz Junction — (End) The attached maps show the described routes. Map — Route 1 Map - Routes 2a and 2b rs, ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR FIBER OPTIC USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TELWEST NETWORK SERVICES, INC. FOR USE OF A SINGLE PAIR OF FIBER OPTIC CABLE CONNECTIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Fiber Optic Use c t� e Agreement with Telwest Network Services, Inc. for use of a single pair of fiber optic cable p p ble connections. A copy of the agreement shall be filed with the City Secretary. . The term of the agreement is five years. SECTION 2. That upon written request of the Mayor or five Council members, copy pv attached, the City Council (1) finds and declares an emergency due to the need for . v immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and votin g upon on ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as this p g an emergency measure this the day of October , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 1, 2009 By: k Lisa Aguilar, Interim City Attorney Joe Adame Mayor Corpus Christi, Texas Day of 2009 T O T H E M E M B E R S O F T H E C I C O U N C I L Corpus Christi, Texas For the reasons set forth in the emergency g cy clause of the foregoing ordinance an emer exists requiring suspension of the Charter rule gency ule as to consideration and voting upon s: ordinances at two regular meetings: Uwe, g p g we, therefore, request that you suspend said Charter harter rule and pass this ordinance finally on the date it is introduced, present City Council. = or at the p esent meeting of Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was assed by the following p y awing vote . Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott FIBER OPTIC USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TELWEST NETWORK SERVICES THIS FIBER OPTIC USE AGREEMENT is by and betweenthe City of Corpus Christi, Texas, ("City") and Tel West Network Services Corporation ("Tel West" or "Lessee"). , —RECITALS 1. The City of Corpus Christi, Texas ("City") is constructing and operating a City-wide Integrated WiFi Network for various City purposes. 2. The City desires to enter into- an agr-eement with Le-ssee to -pennit the_use_ofportions of _ the City owned or controlled Fiber Network by Lessee as set forth below and in Appendices A and B attached hereto. 3. In exchange for Lessee's use of the City's Fiber Network, the Lessee agrees to provide the City 120 mb of bandwidth from within the Lessee's serving area or on City Fiber Network locations that are agreed upon by the Lessee and the City. 4. In consideration of the mutual covenants herein contained and for other good and valuable consideration, the City and Lessee, the "Parties," agree as follows: ARTICLE 1. RECITALS AND DEFINITIONS 1.1 The above stated recitals are true and correct and are by this reference incorporated herein and made a part hereof. 1.2 For the purpose of this Use Agreement, unless otherwise provided herein, the terms, phrases, words, abbreviations and their derivations shall have the meaning set forth below. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Fiber Acceptance Date means the day that Lessee accepts the City's Fiber Optic Strands as set forth herein. Fiber Network means City owned or controlled Fiber Optic Strands, cable jacket, conduit, manholes and handholes, and all associated wires cable and hardware, extending to the Points of Demarcation specified in Appendix A, but does not include any of the necessary electronics to "light" the fibers, nor does it include fiber optic termination equipment or regenerators. Fiber Optic Strands or City Fibers, means all fiber optic strands owned or controlled by the City which may or may not be provide for use by TelWest depending upon the context. Point of Demarcation means site location where fiber terminates. Right-Of-Wav means the public and private rights-of-way within the City, including streets, alleys, and public thoroughfares, as the same now exist or may be hereafter CADocurnents and Settingsliohn.holoman\Local Settings\Temporary Internet Files\Content . OutioonZWM383"31Fiber Lease Agreement (10-1-09) FIVE YEAR clean LA changes.doc:EG 1 es — —162— extended or altered, and any location on, over or under, and any portion thereof, where Fiber Network Facilities can be located. ARTICLE 2. SCOPE OF AGREEMENT 2.1 Lessee shall have the exclusive use of two Ci ty Fiber Optic Strands in locations as set forth in Exhibit A. The Fiber Optic Strands shall be used exclusively by Lessee from within the City's existing fiber optic cable or City will construct new fiber optic cable and shall provide the Lessee with additional City Fiber Optic Strands in the newly constructed fiber optic cable as set out in Appendix A. Provided, however, nothing herein shall be interpreted as requiring the City to construct or install new fiber facilities or equipment other than as specified Appendix A. 2.2 Nothing in this Agreement shall be construed as preventing the City from continuing to utilize and lease City Fiber Optic Strands other than those provided to Lessee. -ARTICLE-I TERM - RENEWAL 3.1. Term. This Agreement shall commence on day date of execution by City Manager, � y � g (hereinafter "Effective Date ") and shall continue for a period of five (5) years, unless over- -terminated as provided in this Agreement. The- Effective Date is ,2010. ARTICLE 4. 4.1 Required Rights. Lessee shall be responsible for (i) obtaining all required building entrance permissions and inside building utilities to the extent not part of the Fiber Network and except as otherwise provided in Appendix A, and (ii) obtaining any and all permits, licenses, franchises and other governmental approvals that are specifically required for Lessee's (as opposed to City's) use and operation of the Fiber Strands following the Acceptance Date. 4.2 'City shall be responsible for obtaining or causing to be obtained any rights, authorizations, consents, necessary permits, certificates, licenses, franchises, Rights -Of -Way, railroad, waterway, street and highway crossing rights or permits, and other governmental approvals (or private approvals, as the case may be for Rights -Of -Way) that are required or associated with its construction and operation of the Fiber Network; (ii) that are required or necessary for the proper occupancy by the Fiber Network of real property or fixtures (such as conduit, bridges or river crossings) applicable not only to City or the underlying facility owner, but also to Lessee with respect to the Lessee's use of City Fibers and its use of the Fiber Network; (iii) that enable City to grant the use of City Fibers Strands to Lessee hereunder and perform its obligations under this Agreement; and (iv) that allow for the use and operation by Lessee of the Fiber Strands specified under this Agreement and associated Appendices; subject .to all terms and conditions set forth in this Agreement. 4.3 In the event that any portion of the Fiber Network, or the ducts, poles, trenches, or Rights -Of -Way iri or upon which it shall have been installed is abandoned or becomes the subject of a condemnation proceeding by any governmental agency or other party with the power of eminent domain for public purpose or use, City shall pursue an award for its interest and that of Lessee in such proceedings and the parties hereto agree to have any such condemnation awards specifically allocated between the parties in a fair and equitable manner. Upon its receipt of formal notice of condemnation or taking, City shall notify Lessee immediately of any condemnation proceeding filed against the Fiber C:IDocuments and Settings\lohn.holoman\Local Settings\Temporary Internet Files \Content.outlook\3ZWM38JP\Fiber Lease A Li cement 10 -1 -09 FIVE YEAR clean LA than es.doc1=1-ALEG- -163— 2 Network or the said ducts, poles, trenches, or Rights -Of -Way in or upon which said Fiber Network shall be installed. City shall also notify Lessee of any similar threatened condemnation proceeding and agrees not to sell the Fiber Network or such ducts, poles, trenches or Rights-Of-Way to such acquiring agency, authority or other party in lieu of condemnation without prior written notice to Lessee. . 4.4 In the event that the City needs to reclaim portions of the Fiber Network in a particular location where the Lessee has been granted use of City's Fiber Network pursuant to this Agreement, in order to meet public safety or other City requirements, the City shall provide equivalent services provisioned as wavelengths or lit services on alternate fibers of the Fiber Network after giving the Lessee at least ninety (90) days prior notice. In this instance, City will make every attempt to provision other technologies available to avoid disruption of the Lessee's service. Such events are rare and will only cause such action -after alb other avenues are exhausted, proper justification is provided, and authorization by the City Manager, and Tel West authorized personnel are in agreement. It is expressly recognized and understood by City that any • costs incurred as a. result of providing --adterna ive and equivalent provisioned services will-be borne -by the -City --- ARTICLE 5. DELIVERY, ACCEPTANCE, WARRANTY 5.1 City shall complete all work necessary to deliver to Lessee all Fiber Optics Strands provided pursuant to this Agreement. Such work shall include connecting the Fiber Optic Strands to all access /connecting points described in Appendix A, perform acceptance testing of the Fiber Optic Strands in accordance with mutually agreed upon testing specifications and deliver test results showing satisfaction of all testing specifications agreed to by the parties.. Lessee shall have the right to review such test results and/or conduct its own testing at its own expense, and reasonably object to any failure of the Fibers to meet the applicable specifications in which case City will correct any noted deficiencies, retest and provide new test results for Lessee's review and approval. The date of Lessee's approval of the provided test results shall be the "Acceptance Date." 5.2 City warrants that the Fiber Optic Strands and Fiber Network have been or shall be designed, engineered, installed and constructed (i) in compliance with any and all applicable governmental laws, codes, ordinances, statutes and regulations; (ii) in accordance with the terms, conditions and specifications set forth in this Agreement and the attachments attached hereto; and (iii) in accordance with generally accepted industry standards and practices. ARTICLE 6. BILLING 6.1 The Parties acknowledge and agree, that in lieu of a fee as typically paid by Lessees for the rights to use Fiber Optic Strands and the Fiber Network, and the performance of p p installation, maintenance, and restoration services, the consideration for such rights and services by City will be Lessee's provision of bandwidth services as detailed in Appendix A to the City. Such provision of services from the Lessee to the City shall be deemed as payment in full for the Fiber Optic Strands and maintenance services provided by City. 6.2 Where applicable, the agreed services provided by the Lessee will be verified via reports the Lessee shall provide to City. C:1Documents and Settings\john.holoman\Local Settings\Temporary Internet Files\Content.outlookl3ZWM3 8JP\Fiber Lease Agreement (104-09) FIVE YEAR clean LA changes.docHALEG- 3 • I. .E .. —164— 6.3 City reserves the right to dispute reports from the Lessee which do not report outages incurred. ARTICLE 7. DISCLAIMER OF LIABILITY 7.1 Except as provided in Articles 5 and 12, the Lessee and City acknowledge that all products and services provided by the other party are provided on an "As Is" basis and that neither the City, with respect to the Fiber Optic Strands provided by it to Lessee, nor Lessee, with respect to the bandwidth provided by it to City, make any warranty of any kind, expressed or implied, including, but not limited to, any warranty regarding the reliability or suitability of any product or service for a particular purpose. City and Lessee disclaim any warranty of merchantability or fitness for a particular purpose with respect to the products or services provided by each of them, respectively. 7.2 No oral advice or written information provided by City or Lessee shall create or expand any representation dr warranty nor shall the other party he entitled to rely -ors any such information or advice. 7.3 Each party acknowledges and understands that neither City, with respect to the provided °3 i c - Strands, nor "Lessee, with respect to the provided - -- bandwidth, - exercise any control over the nature, content, or reliability of the information delivered to the other party from the Internet or vice versa. 7.4 Under no circumstances shall either party be held responsible for damages or loss suffered by the other party, including but not limited to special, incidental, consequential, or punitive damages, as a result of such other party's direct or indirect use of the Fiber, bandwidth or other products or services provided by such party hereunder including, but not limited to, errors, delays, loss of information, or interruptions in service caused by the Lessee's or City's or a third party's acts or failure to act. 7.5 The Lessee acknowledges that any connectivity service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and without the control of the City. City will notify Lessee in advance of planned intrusive activities on the Fiber Network that may impair or eliminate signal continuity. Intrusive cable activities are those, which will require City to directly handle a fiber, ribbon or buffer tube and are scheduled during the "off- peak" hours, typically 8 PM to 6 AM local time. City will use commercially reasonable efforts to perform planned intrusive activities during of off -peak hours, but reserves the right to perform planned intrusive activities at any time with Fourteen (14) calendar days prior notice if commercially necessary. Non - intrusive cable activities and all other maintenance measures, which do not physically expose a buffer tube, ribbon, or fiber, may be performed during regular business hours without notice. Emergency repairs are not planned intrusive activities and are not subject to the terms of this paragraph. City will perform such scheduled and unscheduled maintenance in a manner which minimizes disruption of services and in accordance with standard industry practices. 7.6 Any extended outage or damage caused by negligent work or actions or improper practices during such schedule or unscheduled maintenance shall not be considered a temporary cessation due to scheduled or unscheduled maintenance under this Section. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract entered into by the City and the Lessee. C :\Documents and Settingsljohn.holoman\Local Settings\Temporary Internet Files\Content.outlook\3 ZWM3 8JP\Fiber Lease Agreement (10 -1-09) FIVE YEAR clean LA changes.docHALEG- 4 . 1+ 1 11 —165— ARTICLE 8. INDEMNIFICATION AND LIMITATION OF LIABILITY 8.1 Lessee will indemnify and hold City harmless against any and all claims, loss, liability, damage and expense (including reasonable attorney's fees) arising out of (i) any demand, claim, suit of judgment for damages to any property or bodily injury to or death of any persons, including, without limitation, Lessee's agents and employees (including payment under any workers' compensation law or under any plan for employee disability and death benefits) which may arise out of or be caused by Lessee's use of the Fiber Optic Strands and/or Fiber Network, or (ii) any claim made by a third party claiming through Lessee or to whom Lessee may provide services using the Fiber Network, including, but not limited to those claims arising out of any malfunctioning or failure of the Fiber Network for any reason, including, but not limited to, any act or failure of City or its agents, employees or contractors in the maintenance .of the Fiber Network or otherwise; _ or arising from any interruption or restriction of the Fiber Network -resulting- from any ordinance, rule, regulation or law or administrative or judicial order or decree. 8:2 In all- .instanes _ -in . which one party ( "Indemnitor') is - obligated - to indemnify- -another ("Indemnitee") as provided for in this Agreement, (i) Indemnitee shall give Indemnitor written notice of all claims, damage, losses, suits, and any other event which is in any way related to or asserted by Indemnitee as a basis for such obligation, which notice shall be given immediately after Indemnitee becomes aware thereof, (ii) Indemnitor shall have the sole right to control the defense of such matter and the sole right to determine the disposition of such matter, (iii) Indemnitee shall furnish such available information and assistance as may be reasonably required by the Indemnitor to assist in the disposition of such matter and no disposition or settlement shall be made by Indemnitee of any matter for which a claim of indemnification or to be held harmless will be made, without the prior written consent of Indemnitor, which shall not be unreasonably withheld, delayed or denied. 8.3 Limitation of Liability. Notwithstanding any provision of this Agreement to the contrary, neither party shall be liable to the other for any special, incidental, indirect, punitive or damages, consequential d es, whether foreseeable or not, arising out of, or in connection with q g such party's failure to perform its respective obligations or breach of its respective representations hereunder, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), or claims of Lessees, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. ARTICLE 9. LESSEE RESPONSIBILITY — 9.1 The Lessee is responsible for protecting all account passwords (if applicable) and for any authorized or unauthorized use made of Lessee's account and access. The Lessee agrees to comply with the rules appropriate to any network to which Lessee may gain access via the products and services of the City. The Lessee acknowledges that any proprietary, C:\Documents and Settin 1'ohn.hoioman\Locai Settin i s \Tem. o . Internet Files\Content.Outiook'3ZwM3 8JPIFiber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.do ; 5 r 1 - —166— confidential, or otherwise valuable information that the Lessee desires to keep confidential should not be transmitted over any part of the City of Corpus Christi Intranet, nor reside on computers connected to the City of Corpus Christi Intranet (if applicable). The Intranet is defined as any PC or resource that is part of the City of Corpus Christi network and/or transmits City data. The Lessee will not transmit or make available through the Intranet any material that is illegal, libelous, tortuous, or likely to result in action against the City of Corpus Christi. 9.2 Where applicable, the Lessee agrees that under no circumstances will the Lessee use City products or services, including, but not limited to electronic mail, in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of the City of Corpus Christi products or services, or any City of Corpus Christi eieetrohic mail - -address. The Lessee assumes the risk of all damages and injury associated with the use of City fiber provisioning services and products. The Lessee agrees not to use fiber provisioning services or any products or services provided, eased, rented, traded; or - purchased from the City in a . manner prohibited by -any-federal, state, county, or local law. Likewise, City assumes the risk of all damages and injury associated with the use of Lessee provided bandwidth and agrees not to use such bandwidth in a manner prohibited by any federal, state, county, or local law. 9.3 City warrants that all reasonable measures within its resources shall be taken to ensure the performance, availability and integrity of the fiber provisioning services or products covered in this agreement. City assumes responsibility for the fiber provisioning services or products it provides between two designated sites and, where applicable, the sites themselves which are City of Corpus Christi demarcations and are required to execute this Agreement, as well as for the actions of City . 9.4 The Lessee agrees to maintain their networks such that they do not compromise the performance or integrity of the City of Corpus Christi Fiber Network infrastructure, nor violate security or other applicable policies. The Lessee also agrees to have all fiber service for fiber • connected to the Fiber Network performed by the City authorized personnel, engineers, technicians, certified staff or third party contractors or vendors approved by the City. If service is performed by others, the Lessee agrees that the City or the City of Corpus Christi shall not be held liable for any problems that result, whether directly or indirectly. If service is performed by others, the Lessee agrees that any problems that result, whether directly or indirectly, which affect the integrity or otherwise compromise the security and usability of the City of Corpus Christi Fiber Network will be the Lessee's responsibility subject to the terms of this Section. City shall provide written notice to Lessee detailing any problem caused by the performance of such service by others. If Lessee fails to perform any repair of the problem which was caused by Lessee (excepting any such failure caused by the occurrence of a Force Majeure Event) within ten (10) business days after receiving written notice from City of the existence of such problem, then City will have the right (but not the obligation), upon written notification to Lessee, to perform Lessee's obligations at Lessee's cost by using a Lessee approved contractor. City shall provide Lessee with the name of the proposed contractor and any additional information as reasonably requested by Lessee concerning such proposed contractor. Lessee shall not unreasonably withhold approval of such proposed contractor C:1Documents and Settingsljobn.holoman\Local Settings\Temporary Internet Files \Content.outlookl3 ZWM3 8JP\Fiber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.docHALEG- 6 . 1• .. • , .. ,• —167— : ■ ■ r and Lessee's failure to respond within two (2) business • , ss days after receipt of such information shall constitute Lessee's approval. Repair costs p o sts incurred for will be charged back to the Lessee on a per incident basis. The • • Lessee assumes responsibility for any misuse of the network by users, will remedy such situations, • . y atzons, and will be responsible for any expenses related to misuse by network users. Lessee and City agree ty gr to cooperate and coordinate with each other concerning the rights and obligations • . g g legations as set forth in this Section. 9.5 Miscellaneous City Res orisibilities. will The City, will assume the following g 9.5.1 Comply with service level standards as described in this Agreement and associated exhibits. 9.5.2 Provide a map with the names of the buildings nd sites ites t that are speci fied f ed pert s Agreement showing fiber links,- fiber lengths, and fiber characteristics. 9.5.3 Engineer, connect, and maintain a fiber ath between n the fiber patch panel access (FPPA) points in required and requested buildings (sites ' q that - _ g are City of Corpus Christi owns or operates): Pro�ide�� all appropriate - � � fiber --- . ..__. .� __ ____- patch cables between the end FPPA points as requested on the applicable Service Order. er. 9.5.4 Upon request, on a Service Order rovide fiber p patch cables at one or both ends. Also, upon request, provide transceiver electronics. 9.5.5 Test the connection to ensure it meets the Lessee specified parameters. 9.5.6 On an ongoing basis, inform the Lessee Project . � Manager or designated point of contact when there are problems with the fiber plant that will affect service. p service. Engineer, purchase, and install or arrange for all construction g on and associated costs to achieve a secure site for the (FPPA). 9.5.8 Provide detailed plans for a fiber rovisionin p g service plan to the Lessee. 9.5.9 Provide contact information for problem resolution on on agreed upon links and services to the Lessee. 9.5.10 Provide a venue for informing the Lessee of issue s arising sing from use and/or access of the fiber provisioning service or P roducts provided. p 9.5.11 Provide an escalation contact list with the names and contact numbers of individuals responsible for engineering, and Fiber g� restoration of the Fiber 9.6 Miscellaneous Lessee Responsibilities. The • p Lessee will assume the following g 9.6.1 Submit a Service Order to the City with an authorized signature. ed signature• 9.6.2 Provide the name of the erson who will be the contact installation ntact for the rnstallat�on andlor name of the Project Manager who will be the contact for a ongoing ongoing maintenance and services with regard to Lessee side installations. City City ' �s agreeing to provide the initial fiber provisioning described in this agreement gr ent and may not reject the initial Service Order provided by Lessee provide to p rov e the contact and/or Project Manager information. Such Service Orders may submitted also be submitted by Lessee to request additional fiber provisionin g in the future. 9.6.3 Specify the two sites the fiber provisioning service • p g lce is to extend between in connection with additional fiber provisionin g requests. q C:\Documents and Settings!' ohn.holoman\Local Settings \Tem or Internet FileslCantent.Dutlovkl3 ZwM3 8JP � � lFbber Lease A eement FIVE YEAR clean LA char es.docH :\LEG 7 9.6.4 Specify the performance characteristics of the fiber provisioning service required in connection with additional fiber provisioning requests. 9.6.5 If requesting City to attach devices at either end, insure the devices are installed before City is to connect the links. Clearly identify the devices to be connected. 9.6.6 If requesting City to provide electronics, such as transceivers on either end of the link, indicate on the Service Order what type of ports are to be attached, e.g. AUI, 10Base -T. 9.6.7 If requesting City to provide end fiber patch cable(s), indicate on the Service Order the type of connectors that should be provided on the cables, e.g. ST, SC, FDDI. 9.6.8 For any Lessee personnel, where access to a City of Corpus Christi site is requested, as necessary, handle violations of system security and take appropriate security measures, including user education. , City Policy review arid corn p forms, background checks, and other measures as required by any federal, state, county, or local law. All Lessee personnel who desire access to a City of Corpus Christi site must first comply with background checks and other security measures as required by any Federal, State, County, or Local law or regulation. Pre - authorization from the City Director of Municipal Information Systems is required every time for access to a City site. 9.6.9 Notify City of any change in Project Manager or management one week before the change occurs, and include the name of the temporary or permanent replacement. Any new person appointed must redo provisions in item 9.6.8. 9.6.10 Notify City of any change in use of the link that will affect or interrupt in any way the network services of the City of Corpus Christi . 9.6,11 If the Lessee requires access to fibers or technologies which provision for fiber connectivity as in Cisco equipment or Enclosure assemblies, such personnel, when granted authorized access, are certified for fiber and Cisco (minimum of CCNA and FOT, where applicable). 9.6.12 Supply City with business hour and non - business, hour contacts. 9.7 Lessee may at any time during the term of this agreement request additional fiber provisioning or other services and City may request additional bandwidth. Each party shall make commercially reasonable efforts to accommodate such requests subject to mutual agreement as to the consideration (either monetary or in kind) for such additional Fiber Optic Strands, bandwidth or other services and other terms and conditions pertaining thereto. Upon mutual agreement for any such additional fibers, bandwidth or additional services, the parties shall enter into an amendment to this Agreement to memorialize such agreement. ARTICLE 10. SERVICE PLAN AND TERM COMMITMENT 10.1 Early termination of this Agreement is available by mutual written agreement between duly authorized representatives from the Lessee and the City, those of the City being the City Manager. Services would continue uninterrupted until an agreed upon termination date is established. Once this contract is executed, any required new construction of the Fiber Optic Strands will commence as set out in Exhibit A or Exhibit B or otherwise agreed by the parties. Depending on several factors, the installation phase may take up to 60 days to complete. Data services and/or expected delivery of services from the Lessee C:1Documents and Settings\john.holoman\Local Settings\Temporary Internet Files\Content.outlookl3ZWM3 8JP1Fiber Lease Au eement 10 -1 -09 FIVE YEAR clean LA than es.docHALEG- -169— 8 will start once the circuit has been installed or at an agreed upon time between the City and the Lessee. The term of data services from the Lessee will start for each individual data service provision, the total of such provisions not to exceed 12OMb 10.2 Transfer of any service, either of fiber provision by the City or data services b y the Lessee to another entity except in accordance with the terms and conditions of herein constitutes breach of this Agreement and will subsequently be viewed as a request for termination. ARTICLE 11. SERVICE LEVEL AGREEMENT 11.1 In the event Lessee experiences a service outage on a Fiber Optic Strand and Lessee notifies the City immediately of such event and City determines that such outage was caused by City's failure to provide said services for reasons within reasonable control and not as a result of any actions or inaction's of the Lessee or any third parties (including failure of third party products), and such inability is not a result of scheduled or _ unscheduled maintenance of the City's products or services performed in accordance with Article 7 above, City will, upon the Lessee's request, make commercial) reasonable q y efforts and shall cooperate fully with Lessee to provide access to the affected portion of The Fiber Network. 11.2 Except in the case of emergencies and regularly scheduled maintenance, availability will only be changed by negotiation between the Lessee and the City. In the rare circumstance that the City must alter system availability, City will notify the Lessee five (5) working days in advance of planned intrusive activities on the Fiber Network that may impair or eliminate signal continuity. Intrusive cable activities are those, which will require the City to directly handle a fiber, ribbon or buffer tube. A maintenance window for p lanned events occurs on every Wednesday from 8:00 PM to 12:00 AM, however; such planned events fall under the guidelines and principles of the MIS Change Review board and require a 2 week notice and communication plan. Change Management review board meetings are held every Thursday. Approved changes are not required to fall into a maintenance window and are subject to being scheduled during the "off-peak" hours, typically 12 :00 AM to 6 :00 AM local time or an agreed upon time set forth by mutual agreement of affected parties to help eliminate disruption of services. Changes brought forward to the MIS Change Review board shall include Lessee for notification, communication, and contact, as standard practice, whenever such request includes changes to the Fiber . Network containing Lessee's Fiber Optic Strands as further described in Appendix A and Exhibits A and B. 11.3 In the event of a discovery of a failure, the City may invoke an emergency repair without prior notification. If the discovered problem is the responsibility of the City, there will be no charge for repair. If the discovered problem was caused by the Lessee, there will be an hourly charge to Lessee as specified in Appendix A. Discovered failures and emergencies (e.g., vandalism and fire) will be handled to the best of the City's ability. City will continue to work on the problem until it is resolved. 11.4 The City of Corpus Christi maintains a twenty four (24) hour help desk ( "Network Operations Center ") to service requests made under this Agreement. The Lessee has the right to use of the City of Corpus Christi NOC for any service request that falls under the scope of this Agreement. To help determine the existence and scope of a possible problem or request, the Lessee designee or Project Manager may call the NOC at 361- 826-3766, and/or. send email to Servicedesk@cetexas.com. Similarly, the City will C :\Documents and Settingsliohn.holoman\Local Settings \Temporary Internet Flies \Content. outlook\3ZWM3 SJP\Flber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.docHALECT- 9 .1• 1 Li —170— contact the Lessee by phone or email to address any problem with the Lessee's fiber provisioning service. When performance measures, where applicable, do not meet the specified standards, the Lessee and the City will jointly work to: 11.4.1 Identify the cause of the problem. 11.4.2 Resolve the problem as quickly as possible. 11.4.3 If resolution is not achieved within 8 hours, the Lessee and the City may escalate the problem to the appropriate level or designated Customer Relationship Manager (CRM). 11.4.4 If a resolution is not achieved within 16 hours, the signer of the Service Order and the Director of CITY and MIS will be notified. 11.4.5 In any failure that breaches 16 hours, alternative fiber routes or comparative 11.4.-6 services may be employed to restore services temporarily. The Lessee reserves the right to re uest alternative connectivity options at any time during a connectivity failure. Such requests are subject to connectivity option availability, resource limitations, and are automatically invoked after any 24 hour outage. 11.5 The City will perform routine maintenance (i.e. maintenance not made necessary by natural disasters, impairment of the Fiber Network or other emergency situations) on the Fiber Network. Elements of routine maintenance include inspections of the Fiber Network, maintenance on the general construction of the Fiber Network, changes to the manholes or hand-holes appurtenant to the Fiber Network and general upkeep of the Fiber Network. Inspections of the Fiber Network include inspection of the manholes/hand- holes, pole footings, loose or damaged hardware, and checking for code violations and change -outs. In addition, City inspects the Fiber Network path at least quarterly by walking or driving the route to ensure that potentially harmful activities do not cross or parallel the Fiber Network. 11.6 The City of Corpus Christi may, and City shall to the extent the City does not, maintain sign posts along the Fiber Network path with clear identification and contact information. These markers shall clearly identify the route and are typically placed near splice locations, points where the route changes direction, and typically within 1,000 feet of the previous marker or where applicable. The City of Corpus Christi and City are also limited in the types of signage that the governing jurisdiction permits or requires. 11.7 The City of Corpus Christi subscribes and City shall subscribe to local utility "One Call" services for underground systems. The City of Corpus Christi and City maintains contact with local utility companies and economic development planners to obtain accurate, current information about street widening and pole change -out projects. City will respond to local, state, or federal authorities for compliance or cooperation with utility locate services. Upon notification, City will mark the Fiber Network for utility development, general construction, and Landscaping in the area and will coordinate, and execute routine and emergency locates (regardless of how they are received by telephone, facsimile, computer, actual observation, etc.). 11.8 Upon notification by Lessee, detection by the City or a local emergency authority that any portion of the Fiber provision to the Lessee is damaged, impaired, or not functioning, the City will make commercially reasonable efforts to respond to requests for emergency restoration within thirty (30) minutes, after which escalation and failure resolution as C:1Documents and Settings\john.holoman\Local Settings\Temporary Internet Files \Content.outiookl3 Z M3 8. P1Fiber Lease Agreement (10-1-09) FIVE YEAR clean LA changes.docH:1LEC ' - 10 10 e 1. r —171— a � detailed in Article 11 begins immediately. Response times may be adversely affected by conditions outside of the control of City, including, but not limited to Force Majeure events as described below. The City will ensure that specific preparations are made to maintain the readiness and accessibility of the personnel, materials, and equipment required for response to emergency restoration conditions. City will coordinate all aspects of both temporary and permanent restoration activities. From time to time, City will provide to Lessee current emergency personnel escalation lists with contact information. When a temporary cable is used for repair, City will make commercially reasonable efforts to restore all "assigned" fibers as a priority. 11.9 The Lessee typically has access to the FPPA(s) in their building(s) and should keep doors to it secured as required by the City. FPPA boxes are regularly locked. Only certified staff may access the FPPA and Lessee access onto site premises and FPPA boxes may require escorted services from authorized City of Corpus Christi staff. The City will take appropriate steps to provide physically secure access to the FPPA in their central locations. This does not apply to Lessee or their designated customer sites nor will City or City of Corpus Christi staff have access to such sites. - Requests from the Lessee for City or City of Corpus Christi staff to enter or work in such sites constitutes a request for work and will incur hourly charges as specified in Appendix A. 11.10 Data services provided by the Lessee to the City will meet applicable Service Level Agreements as specified in RFP No. BI- 0175 -08, based on Proposal No. CG-27200B dated August 1st 2008 and passed through City board approval, Tel West Master Services Agreement unless expressly otherwise agreed upon by the parties in this SLA and/or agreed to between the Lessee and the City with applicable signed documentation. ARTICLE 12. TRANSMISSION SPEED WARRANTY Fiber -Optic Circuit Fixed Transmission Speed is guaranteed 24/7 and specified in bits per second (bps). The Lessee understands Ethernet and that underlying protocols such as TCP/IP add overhead to the guaranteed Transmission Speed and will result in a throughput Tess than the Circuit Speed, The Lessee understands burstable speeds are not guaranteed and are limited by the current network traffic conditions. ARTICLE 13. EQUIPMENT AND CABLING 111 The Fiber -Optic Edge Router and Switch (or Switching Fabric) and Fiber -Optic Cabling is owned by the City of Corpus Christi and warranted for the duration of service and will be repaired or replaced at no charge to the Lessee. Any equipment with exception to that which the Lessee has permission to implement for their own identified needs, and; which the Lessee has informed the City of, and; which is properly tagged, secured, approved, and installed, is the property of the City of Corpus Christi. 13.2 At the termination of service, the City will remove any Optical devices or Switching Fabric owed by Lessee as required, and may elect to leave in place any facilities or equipment owned or controlled by the City, including installed fiber -optic cables. The decision to remove or leave in place the Fiber Optic Strands will be made solely by the City of Corpus Christi. 13.3 Service into a requested building for an additional connecting point will not be installed if adequate conduit, raceway or riser space is not available and/or such service cannot be installed due to security, policy, or connectivity is not available. The Lessee may elect to C:IDocuments and Settings john.holoman\Local Settings\Temporary Internet Files\Content.outlookl3Z M38JP\Fiber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.dooHALEG- 11 r . 1. ! i 1 . r ■ :r � r •R► r = r : .1 r • i • t ■ —172— have conduit or access installed at his own expense. Formal easement documentation may be required in some cases. ARTICLE 14. OTHER ONE --TIME FEES (WHERE APPLICABLE) An installation fee for equipment and site readiness for the fibers, circuits and services initially agreed to be provided by the parties to each other under this Agreement will be waived from both Lessee and City regardless of number of circuits ordered, per site. A fee for other services may be negotiated between the Lessee and the City, however; any such fee must be agreed to prior to . Y � p a signed order and start date for such order. Said fee may be identified as services in kind. ARTICLE 15. DISPUTE RESOLUTION; CHOICE OF LAW; VENUE The parties shall attempt to resolve any disputes utes between them without resort to litigation in g court. The Lessee's remedies are limited as set forth herein. This agreement shall be construed in accordance with and governed by the internal laws of the State of Texas without given effect to choice of law. Any legal action or other legal proceeding relating to this agreement or the enforcement of any provision of this agreement shall be brought or otherwise commenced in a state or federal court located in the County of Nueces, Texas. ARTICLE 16. TAXATION If the City of Corpus Christi's provision of the services to the Lessee results in a property tax, sales tax, use tax, or similar charge to the Lessee or City of Corpus Christi, Lessee will pay the amount of such tax. Lessee shall be responsible for all such taxes and shall pay to or reimburse City for any such taxes paid by City Such taxes, if any, shall be paid by Lessee thirty (30) days after date of issuance of invoice by City as applicable. . The City of Corpus Christi may be tax exempt based on applicable law and regulation. ARTICLE 17, FORCE MAJEURE Neither party shall be in default for non- performance under this Agreement to the extent such non - performance is the result of any accidents, acts of God, fire, flood, adverse weather conditions, strikes, work stoppage, equipment, material, or facilities shortages, governmental acts or directives, war, riot or civil commotion, or any other force not resulting from the non- performing Party's failure to timely place orders therefore; lack of transportation not resulting from the non - performing Party's failure to timely place orders therefore; change in governmental codes, ordinances, laws, rules, or regulations; condemnation or exercise of rights of eminent domain; war or civil disorder; acts of terrorism or any other cause beyond the reasonable control of such party (individually or collectively, "Force Majeure Events "). A party seeking to invoke force majeure to avoid default under this SLA shall provide prompt written notice of the existence of a Force Majeure Event to the other party and shall use all commercially reasonable efforts to mitigate and avoid continuation of the Force Majeure Event so as to recommence timely performance as soon as practicable. If a Force Majeure Event occurs, the time for performance or delay will be extended for the duration of the condition and a reasonable period of time thereafter according to the nature of the event. ARTICLE 18. AS S I GNMENT Neither party shall assign this agreement or transfer its rights or obligations under this agreement to any third party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to legal successors of such party provided that written notification is provided to the other Party within ten (10) days of the assignment For the purposes of this Agreement, the term "legal successors" shall include the affiliates, subsidiaries, parent companies, or purchasers of all C:1Documents and Settings\john.holoman\Local Settings\Temporary Internet Files \Content.outlookl3ZWM3 SJP\FIber Lease Agreement (I 0-1-09) FIVE YEAR clean LA changes.dociPLEG- 12 ■ i' 1 / ! r ■ i 1 —173— ■ or substantially all of a party's assets. Any assignee for which such consent may be granted or which is a legal successor shall be subject to all terms and conditions of this Agreement. . ARTICLE 19. TERMINATION; DEFAULT 19.1 This Agreement shall automatically terminate upon the expiration of the Term or upon termination of this Agreement or upon event of uncured default pursuant to the terms hereof. Upon the expiration/termination of this Agreement, all rights of Lessee to use the Fibers Optic Strands and Fiber Network and all liability for the Lessee to provide data services as detailed in Appendix A to the City shall cease. City shall not owe Lessee any additional duties or consideration with respect to such Fiber Optics Strands or use of Fiber Network, and Lessee shall not owe City any additional duties or consideration with respect to such data services as detailed in Appendix A. Promptly thereupon, Lessee shall remove all of Lessee's equipment and other property from such Fiber Network at its sole cost. 19.2 A party shall not be in default under this Agreement unless and until the non - defaulting party provides it written notice of such default and the defaulting party fails to cure the same within thirty (30) calendar days after receipt of such notice (or, with respect to monetary defaults, within ten (10) business days after receipt of such notice); provided, however, that where a non - monetary default cannot reasonably be cured within such thirty (30) day period, if the defaulting party proceeds promptly to cure the default with due diligence, the time for curing such default shall be extended upon mutual agreement for such period of time as may be reasonably necessary to complete such curing. Any event of default may be waived at the non - defaulting party's option. Upon the failure of a party to timely cure any such default after notice thereof from the other party and expiration of the above cure periods, then the non - defaulting party may pursue any legal remedies it may have under applicable law or principles of equity relating to such default. Either party may seek equitable remedies prior to expiration of the above cure period to prevent irreparable harm. ARTICLE 20. INSURANCE 20.1 Lessee shall carry commercial general liability insurance together with coverage for contractual liability, said policy to be issued by an insurance carrier satisfactory to City. The amounts of such insurance shall be in the amount of not less than $1,000,000 as to any one occurrence and $2,000,000 general aggregate. 20.2 Lessee shall also carry such insurance as will protect it from all claims under any Workers' Compensation Law in effect that may be applicable to it. 20.3 Lessee shall submit to City certificates by each company insuring Lessee to the effect that it has insured Lessee for all liabilities of Lessee covered by this Agreement. 20.4 The required minimum limits of coverage shown above do not limit or diminish Lessee's liability under this Agreement. 20.5 Lessee shall submit to City a standard "Accord" insurance certificate for comparable form acceptable to City) signed by an authorized representative of its insurance company, certifying that the insurance coverage required hereunder is in effect for the purposes of this SLA Agreement. Said insurance certificate shall certify that no material alteration, modification or termination of such coverage shall be effective without at least thirty (30) days' advance written notice to City and shall include a waiver of subrogation endorsement. C:1Documents and Settings\john.holoman\Local Settings\Temporary Internet Files\ Content .outlookl3ZWM38.IP'Fiber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.docH:\LECr . ■ 1• � w ■r ;.. . + r ■ a. • . 1 ■ t —1 7 4— w 13 20.6 Lessee's policy for commercial general liability shall name City and its subsidiaries and affiliates, including the City, as additional insureds. 20.7 Lessee shall permit any authorized representative of City to examine Lessee's original insurance policies should City so reasonably request. Should Lessee at any time neglect or refuse to provide the insurance required herein, or should such insurance be canceled or non - renewed, City shall have the right to terminate this Agreement or secure substitute coverage and Lessee shall reimburse Ci ty for all expenses and premiums paid in connection therewith. 20.8 A combination of primary and excess /umbrella liability policies will be acceptable as a means to meet the limits required under this Agreement. ARTICEL 21. FUNDS APPROPRIATION Lessee acknowledges that the City of Corpus Christi is a governmental entity, and therefore certain obligations and responsibilities of the City pursuant to this Agreement are based upon the availability of public funding under its authority. In the event that public funds are unavailable and not appropriated for the performance of the City's obligations under this Agreement, City will provide written notification to the Lessee regarding unavailability and non - appropriation of public funds. After written notice to the Lessee regarding unavailability and non - appropriation of public funds, providing that such non - appropriation has detrimental impact to the ability of the City to execute its obligations under this Agreement, Lessee shall at its option elect to maintain the use of the Fiber Optic Strands within the Fiber Network that are available. All other obligations or restrictions that prevent Lessee from doing work or maintaining that portion of the system are waived. It is expressly agreed that the City of Corpus Christi shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this SLA, but only as an emergency fiscal measure. ARTICLE 22. ENFORCEABILITY If any provision of this Agreement is held to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. ARTICLE 23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and collectively constitute the entire agreement and supersede all agreements previous to this Agreement with regard to the subject matter of this Agreement, whether written or oral, between City and Lessee. This Agreement may not be amended or otherwise altered except by written agreement between the parties hereto. In the event that the terms of this SLA Agreement conflict with any terms contained in an attachment hereto, the terms of this Agreement shall control. C:\Documents and Settings\john.holoman\Local SettingslTemporary Internet Files \Content.Outlooki3ZWM3S1PWiber Lease Agreement (10 -1 -09) FIVE YEAR clean LA changes.doc 14 A 1 4 r • —175— Agreed to by: City of Corpus Christi By: `Angel R. Escobar, City Manager Attest by: City Secretary Approve as to form by: By: y' � Lisa Aguilar, Int City Attorney TelWest) pv i S .rvi es, Inc.By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY of NUECES This instrument was acknowledged before me on , 2009 by , as the for TelWest Network Serivces, Inc. on behalf of said corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: C :\Documents and Settin sl' ohn.holoman\Local Settin s1Tem 0 Internet Files \Content.outlook13ZWM3 SJP1Fiber Lease Agreement (104-09) FIVE YEAR clean LA changes.doc • 1, ' 1 1 — ■ I 6 — 15 APPENDIX A 1. DESCRIPTION OF FIBER PAIRS PROVIDED BY CITY for LESSEE'S USE: Ring 1: Two (2) fibers along the route described below and further described in Exhibit A attached to this agreement: Route Description (Start) City Hall -- to Lipan, to S.Alameda and Lipan, down S. Alameda to Ayers St. Junction, down Ayers to Holly and Ayers, down Holly towards Staples and Holly, down Staples St, under SPID continuing down Staples to Staples and Louisiana, down Louisiana to Shoreline, down shoreline to Power St., from Power and Shoreline to Mesquite, down Mesquite into Junction for Municipal Court - (End) Initial Access /Connecting Points: (i) Fiber patch panel in at (ii) Fiber patch panel in at ; and (iii) Fiber patch panel in at Ring 2: Two (2) fibers along the routes described below and further described in Exhibit A attached to this agreement: Route Description {2 routes] Route 1: (Start) City Hall — to Lipan, to S.Alameda and Lipan, down S. Alameda to Ayers St. Junction, down Ayers to Holly and Ayers, down Holly towards Kostoryz and Holly, down Kostoryz St, to S. Staples and Kostoryz, down S. Staples to Staples and Louisiana, down Louisiana to Shoreline, down shoreline to Power St., from Power and Shoreline to Mesquite, down Mesquite into Junction for Municipal Court — (End) Route 2: (Start) HollyfKostoryz Junction -- down Holly towards Staples and Holly, down Staples St, under SPID continuing down Staples to Staples and Kostoryz, down Kostoryz back to Holly/Kostoryz Junction -- (End) Initial Access /Connecting Points: (i) Fiber patch panel in at (ii) Fiber patch panel in at , ; and (iii) Fiber patch panel in at C :\Documents and Settingsljohn ■holoman\Local Settings\Temporary Internet Files\Content.Dutlook\3ZWM3 8JPWFiberr Lease Agreement (10-1-09) FIVE YEAR clean LA changes.docHALEG- 16 1 *. !. • ■ r • !' —177— Lessee shall be entitled to connect to the Lessee Fiber Optic Strands at the initial connecting points described in Appendix A. Lessee shall be entitled to request the establishment of additional connecting points in addition to those described in Appendix A, at (i) any manhole or handhole or other points where the cable containing the Lessee Fibers is spliced along the Fiber Network, or (ii) at other appropriate points as requested by Lessee. City may decline to make a requested connection if City determines, in its reasonable discretion, that there is a significant Likelihood that (i) Lessee's use of a proposed connection would cause a material and adverse effect on the Fiber Network or the use thereof; (ii) use of a particular location will cause a significant technical impediment; or (iii) the making or existence of the connection presents an unreasonable risk of creating an interruption of transmission. All work required to establish any connection requested by Lessee shall be performed by Lessee pursuant to Appendix E. II. DESCRIPTION OF BANDWIDTH TO BE PROVIDED BY LESSEE TO CITY: 120 .Mb' band width. Service options include but are not limited to the following: 1. SHDSL in approved bandwidth increments. 2. Internet DIA in approved bandwidth increments. 3. T 1 PTP data services in any grouping. 4. DSO connections used for data transport services 5. ISDN data services. M. DESCRIPTION OF HOURLY RATES: In cases of requested work from Lessee to the City which are to be charged pursuant to the terms of the agreement, such costs will be based on hourly charges as defined below: Labor, non - technical Labor and/or Consulting, Technical Hourly rate = $75.00fhour Hourly rate = $120.00/hour The hourly rate may increase yearly to reflect inflation. Any increase in rates will have prior notice and confirmation to and from the. Lessee within 30 days from start of billing. C:\Documents and Settin sl•ohn.holoman\Local Settin s\Tem • or. Internet Files\ Content.Outlookl3ZwM38JPIFiber Lease Agreemment. (104-09) FIVE YEAR clean LA changes.doc 1 1 ■ w • ■ - : 17 —178— • +i APPENDIX B NETWORK PLANS AND DIAGRAMS Fiber map as issued to the Lessee by CITY for the specified route identification. C :\Documents and Settin sVohn.holoman\Locai Settin s1Tem 0 Internet Files\ Content.outlook13ZWM38JP\Fiber Lease Agreement (10-1-09) FIVE YEAR clean LA changes.docHALEG- ■ 1• � A ■fF M� •ti ti T � � ti ;. # r —179— 18 DRAFT APPENDIX C FIBER PERFORMANCE CHARACTERISTICS Single Mode Fiber Optic Cable Primarily used as an inter - building backbone cable. At distances up to 3 km., single mode fiber will deliver data rates up to 10 Gbps. with a bandwidth of 2OGhz. Its operating wavelengths are 1310 nm and 1550 nm. Single mode fiber's primary uses are long distance applications, full motion video, and any applications requiring extremely high bandwidth. Multimode Fiber Optic Cable 02.5/135um) As an inter - building backbone cable at distances of under 2 km, multimode fiber optic cable will deliver data rates up to 200 Mbps. Its operating wavelengths are 850 nm and 1300 nm. In addition, multimode fiber optic cable can be used in intra- building distribution. For distances of IOO in or less the bandwidth is virtually unlimited. At an operating - wavelength- of 85 nm, 62.51125 um multimode fiber has a bandwidth of 100 -200 MHz/km., with an attenuation of 3.0 to 5.0. At an operating wavelength of 1300 nm, 62.5/125 um multimode fiber has a bandwidth of 200-800 ., with an attenuation of 0.9 to 3.0. Multimode fiber is used for voice, data, security and video systems. CITY will always follow the manufacturer's electronic equipment specifications for fiber core size when designing a fiber optic system. However, CITY will contact a manufacturer's representative if the specifications differ from 62.5/125 um. In most cases 62.5/125 um will be acceptable. 19 DRAFT APPENDIX D SITE ACCESS NOTE: The following applies to agreements between the Lessee identified in signed and authorized SLAs and and/or the City of Corpus Christi. Lessee will have access to all sites as defined in the Fiber tics Licensing Agreement between p g -, the Lessee and the City of Corpus Christi except where Federal, State, Nueces County, City of . a � ty, ty Corpus Christi regulations apply. 20 —181-- DRAFT APPENDIX E ADDITIONAL SERVICES AND OPERATIONS The following are services CITY may perform, but which are not covered by the Maintenance Fee waived pursuant to the terms of the agreement and will be subject to additional fees. Said fees may be negotiated for services as payments in kind. Tie -In Services. CITY's tie -in services include planning, support and project management and cable splicing services. CITY's approvals for all tie -in services are required for all customers that want to connect fiber cables from laterals into the CITY backbone. Tie in Services will not be performed until Lessee has accepted the Fiber Network. CITY will provide basic planning support for lateral connection operations. The routine tie -in service does not cover conditions relating to emergency outages of service or routine locate and maintenance, unless CI`T`Y owtis --- the lateral connection. CITY or Lessee will engineer and design the most efficient location for demarcation between the Fiber Network and Lessee's network. CITY will coordinate the placement of a demarcation manhole/hand -hole or a building demarcation point for fiber lateral connections. Fee and negotiation for in kind payment will be handled on an ICB basis, both companies will work together to help minimize out of pocket expenses. Splicing. Cable splicing services at the backbone include accessing the cable, preparing the splice enclosure, preparing the fibers for splicing, fusion splicing the fibers, installing and dressing the fibers and splices in the splice trays. CITY is responsible for all setup and closing activities of the work area including securing access to the manhole or hand -hole, closure of equipment in the hand -hole or manhole, and cleanup and removal of any debris. Each fiber spliced is tested bi- directionally at 1550nm, with an OTDR capable of long range and high resolution testing. The maximum allowable individual splice loss is .35 dB bi- directionally averaged, and will be re- spliced up to 2 times, if the splice still exceeds .35dB, but the average bi- directional splice loss of all splices across the entire tested span is .2 dB or less, then the individual splice loss of .35 dB or greater will be acceptable. CITY uses an OTDR capable of reading to the .05 dB loss level, produces fiber test documentation, and stores the test data. The dB loss per kilometer of fiber will vary with the type and characteristics of the fiber and the average and number of splices. CITY provides splicing services, including planning support, project management, and cable splicing services. CITY requires a minimum of ten (10) days advance notice to perform any splicing activity. When multiple locations and reconfigurations are involved, CITY will perform the work in a diligent manner and timeframe. Splicing services are required for all lateral connects into the CITY backbone. CITY will answer all questions and provide basic planning support for lateral connection operations. The routine splicing service does not cover conditions relating to emergency outages . 21 DRAFT of service or routine locate and maintenance, unless CITY owns the lateral connection. CITY will engineer and design the most efficient location for demarcation between the Fiber Network and Lessee's network. CITY will coordinate the placement of a demarcation manhole/hand-hole or a building demarcation point for fiber lateral connections. All splicing, terminating, and connection onto the backbone will be performed by CITY. Cable splicing services at the backbone include accessing the cable, preparing the splice enclosure, preparing the fibers for splicing, fusion splicing the fibers, installing and dressing the fibers and splices in the splice trays. CITY is responsible for all set up and closing activities of the work area including securing access to the manhole or hand -hole, closure of the equipment in the manhole or hand - hole, and clean up and removal of any debris. Notwithstanding the foregoing, cable splicing or tie -ins performed in connection with CITY's delivery of the fiber pairs and termination thereof at the access /connecting points described in Appendix A shall not be subject to charges pursuant to this Appendix. 22 —183- DRAFT Exhibit A Lessee Fiber route re • uest. T • Single fiber pair, one lateral on -net (CITY), one lateral off -net. DRAFT Exhibit B Lessee Fiber route re • ues 1 Single fiber pair, two rings. xi.� M1� vrYiM1�F Yb -i 24 -185- • w�_ -�rrw 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 13, 2009 AGENDA ITEM: Resolution approving and authorizing execution of an Investment Agreement for participation in the Lone Star Investment Pool, designating the pool as an agency and instrumentality, approving investment policies of the pool, appointing authorized representatives, and designating investment officers. ISSUE: In order to expand diversification of the City's investment portfolio, an additional investment pool, Lone Star Investment Pool is being recommended. The addition of the investment pool requires adoption by the governing body. REQUIRED COUNCIL ACTION: Approval of the Resolution is required by the Public Funds Investment Act. BACKGROUND INFORMATION: The City's Investment Committee met on July 13, 2009 and voted to submit the additional investment pool for adoption by City Council. The City's Investment Committee members are: Angel Escobar, City Manager; Margie Rose, Assistant City Manager for Community Services; Oscar Martinez, Assistant City Manager for Public Works and Utilities; Cindy O'Brien, Interim Assistant City Manager for Administrative Services; Johnny Perales, Interim Assistant City Manager of Development Services; Constance P. Sanchez, Interim Director of Financial Services; Eddie Houlihan, Assistant Director of Financial Services - Budget; and Lisa Aguilar, Interim City Attorney. CONCLUSION AND RECOMMENDATION: City Staff and the City's Investment Committee recommend the approval of the Resolution authorizing participation in Lone Star Investment Pool, and designating authorized representatives. 1 • r t-- Constance P. Sanchez Interim Director of Financial Services ConstanceP @cctexas.com (361) 826-3622 Attachments Lone Star Investment Pool Resolution Form 1 Lone Star Investment Pool Resolution RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL, DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Act "), permits any "focal government" to contract with one or more other "local governments" and with agencies of the state to perform "governmental functions and services," including investment of public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Public Funds Investment Act, Texas Government Code Chapter 2256 (the "Investment Act"), also authorizes local governments, state agencies, and nonprofit corporations acting on behalf of such entities to invest public funds through investment pools; WHEREAS, the Act also permits the contracting parties to any agreement to create an administrative agency g Y to supervise the performance of such agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such agreement; WHEREAS, City of Corpus Christi, Texas (the "Government Entity ") is a local government or an agency of the State of Texas within the meaning of the Act and/or the Investment Act and desires to enter into that certain Investment Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool") sponsored by the Texas Association of School Boards ( "TASB "); WHEREAS, the Government Entity desires to designate the Pool as its agency and instrumentality with authority, through the Pool's Board of Trustees (the `Board "), to supervise performance of the Agreement, employ personnel and engage in other administrative activities, and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Pool by the Administrator, the Government Entity shall become a Participant in the Pool for the purpose of investing its available funds therein from time to time in accordance with its terms, 2. The Pool is hereby designated as an agency and instrumentality of the Government Entity, the Board is hereby designated as the governing body of the Pool, and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel, and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. 3, The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Pool, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Pool. 4. The following officers, officials, or employees of the Government Entity are hereby designated as "Authorized Representatives," within the meaning of the Agreement, with full power and authority to execute the Agreement, an application to join the Pool, Vendor Payment Authorization forms, and an y other documents required or appropriate to become a Participant; deposit money to and withdraw money from the Government Entity's Pool account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: Printed Name Constance P. Sanchez E -mail Address ConstanceP @cctexas . corn Signature �r- �•..,_ • ��i Printed Name David Hedberg E -mail Address DavidH @cctexas , com Signatui Title Interim Director of Financial Services Title City Treasurer In accordance with Pool procedures, . n Authorized Representative shall promptly notify the Pool in writing of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives, each Investment Officer of the Pool appointed nted by the Board from time to time is hereby designated as an investment officer of the Government Entit y and, as such, shall have responsibility for investing the share of Pool assets representing funds of the Government Entity. PASSED AND APPROVED this day of ATTEST By: By: Printed Name and Title State of Texas, County of Before me, , on this day (name of notary) proved to me on the oath of (person providing oath) name is subscribed to the foregoing instrument and consideration therein expressed. Given under my hand and seal of office this (Personalized Seal) Printed Name and Title personally appeared , known to me (or (naive of President and Secretary) or through to be the person(s) whose (identification item) acknowledged to me that he executed the same for the purposes and day of Zoo Notary Public's Signature Form I I Investment Agreement THIS INVESTMENT AGREEMENT (together with any amendments and supplements, referred to as this "Agreement ") is made and entered into by and among each of those local governments initially executing this Agreement and any other local government that becomes a party hereto (collectively, the "Participants"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Act "), permits any "local government" to contract with one or more other "local governments" and with agencies of the state to perform "governmental functions and services," including investing public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Public Funds Investment Act, Texas Government Code, Chapter 2256 (the "Investment Act "), also authorizes local governments, state agencies, and nonprofit corporations acting on behalf of such entities to invest public funds through investment pools; WHEREAS, the Act permits the contracting parties to any agreement to create an administrative agency to supervise the performance of such agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such agreement; WHEREAS, each of the Participants is a local government under the Act and/or the Investment Act; WHEREAS, the Participants' desire to establish and maintain a public funds investment pool as their agency g Y and instrumentality pursuant to the Act for the purpose of pooling their local funds for joint investment in accordance with the Act and the terms hereof; WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a resolution; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the Participants mutually agree as follows: ARTICLE I • Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this Agreement, the capitalized terms used herein shall have the following meanings unless the context otherwise requires: Account any account established by a Participant and representing an undivided beneficial interest of such Participant in a Fund established as a part of the Pool. Act --.the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as may be amended from time to time. Additional Party Agreement —a document that, when attached to a copy of this Agreement and executed by an Authorized Representative of a Local Government, constitutes a valid and binding counterpart of this Agreement by which such Local Government becomes a Participant, substantially in the form attached hereto as an Appendix. Administrator --- -First Public, LLC, a Texas limited liability company, or any other person, firm, or organization approved by the Board and under contract with the Pool to provide administrative assistance in connection with the management and operation of the Pool. Advisor—the registered investment advisor or advisors selected by or at the direction of the Board to provide advice regarding investment of Pool assets pursuant to this Agreement and subject to applicable law. Agency --(l) a department, board, bureau, commission, court, office, authority, council, or instrument; (2) a university, college, or any service or part of a state institution of higher education; (3) any statewide job or employment training program for disadvantaged youth that is substantially financed by federal funds and that has been created by executive order no later than December 30, 1986; and (4) any nonprofit corporation acting on behalf of any of those entities. Authorized Investments —those investments that are authorized from time to time to be purchased, sold, and invested in under the Investment Act. Authorized Representative --an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Local Government or other person, firm, or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Local Government or other person, firm, or organization, a certified copy of which is on file with the Administrator. In the case of a Local Government that is a combination of political subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Local Government. Board the governing body of the Pool, known as its Board of Trustees. Bylaws. --the bylaws of the Pool, as the same may be amended from time to time, subject to the requirements of this Agreement.. Custodian --the person selected by or at the direction of the Board to have custody of all money, investments, and other assets of the Pool pursuant to this Agreement and subject to applicable law. Endorser—any person, firm, or organization recognized by the Board as an endorser or sponsor of the Pool. Fund —the Liquidity Fund, Liquidity Plus Fund, or Liquidity Corporate Fund or any additional Fund established by the Board as part of the Pool. Information Statement- --the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Pool, as the same may be amended from time to time, subject to the requirements of this Agreement, Investment Act the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as may be amended from time to time. Investment Consultant to the Pool —the person or firm selected by or at the direction of the Board to provide advice regarding (1) the selection of the Advisor and the Custodian, (2) the terms of the Statement of investment Policy, and (3) the performance of the Pool. Investment Officer- -one or more officers or employees of the Pool designated as investment officers by the Board of Trustees. Local Government —a school district; county; municipality; special district; junior college district; a district or authority created under section 52(b)(1) or (2), Article I11, or Section 59, Article XVI, Texas Constitution; a fresh water supply district; a hospital district; any other legally constituted political subdivision, authority, public corporation, body politic, or instrument of the State; a combination of two or more of these entities (including a combination of political subdivisions by means of an interlocal agreement governed by the Act); any nonprofit corporation acting on behalf of these entities; or any other entity that may be included in the definition of "local government" in the Act. Participants the Local Governments and Agencies that are the initial parties to this Agreement and the Local Governments and Agencies that subsequently become parties to this Agreement. Pool ---the public funds investment pool created pursuant to this Agreement and known as the "Lone Star Investment Pool." Sponsor—the Texas Association of School Boards, a Texas nonprofit association, acting by and through its duly appointed and acting agents and directors. State —the State of Texas, Statement of Investment Policy --.the written Statement of Investment Policy adopted and approved by the Board governing investment and management of Pool assets, as the same may be amended from time to time, subject to the requirements of this Agreement. Section 1.02. General Rules of Construction. (a) Whenever in this Agreement the context requires (I) a reference to the singular number shall include the plural and vice versa and (2) a word denoting gender shall be construed to include the masculine, feminine, and neuter. (b) The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE Il Creation of Pool; Purpose and objective Section 2.01. Creation of the Pool as an Agency. (a) The initial Participants hereby create and establish, and all subsequent Participants hereby agree to and accept the creation of, a public funds investment pool as their agency and instrumentality pursuant to the Act, known as the "Lone Star Investment Pool" (the "Pool"). (b) The Pool shall hold legal title to and manage all money, investments, and other assets transferred to or acquired by the Pool pursuant to the Act and this Agreement. (c) As an agency and instrumentality of the Participants, the Pool shall have the authority, through its Board, to employ personnel, engage in other administrative activities, and provide other administrative services necessary to accomplish the purpose of this Agreement, Section 2.02. Purpose and Objective. (a) The purpose of the Pool is to provide Local Governments with an investment vehicle for local funds. The general objective of the Pool shall be to- provide Participants with the highest possible rate of return for such funds, while maintaining safety of principal. Various Funds established as part of the Pool provide Participants with varying rates of return and liquidity options. (b) To accomplish the Pool's objective, each Participant agrees that the money transferred to a Fund will be commingled with money transferred to such Fund by other participants for the purpose of making authorized —194— investments, subject to the terms of this Agreement and the requirements of the Statement of Investment Policy and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. ARTICLE 111 Pool Administration Section 3.01. The Board and the Bylaws. (a) The business and affairs of the Pool shall be managed by the Board as governing body of the Pool. The Board is hereby authorized and directed to adopt and maintain Bylaws; to provide for the governance and administration of the Pool to the extent not otherwise provided by this Agreement; provided, however, that no provision of such Bylaws may be adopted if such provision would adversely affect the legal status of the . Pool, including the Pool's status as a public funds investment pool pursuant to the Investment Act. (b) The Bylaws shall set forth, among other things, the procedures governing the selection of and action taken by Board members, provided that each voting member of the Board shall be required to be an employee or elected official of a Participant. The Participants shall be subject to the terms of the Bylaws. Section 3.02. Powers and Duties of the Board. (a) Subject to applicable law and the terms of this Agreement, the Board shall have full and complete P ower to take all actions, do all things, and execute all instruments as it deems necessary or desirable to carr y out, promote, or advance the investment objective, interests, and purposes of the Pool to the same extent as if the Board was the sole and absolute owner of the Pool. (b) The Board shall adopt and maintain a Statement of investment Policy, consistent with the general objective of the Pool, which shall provide more detailed guidelines for investment and management of Pool assets. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Statement of Investment Policy, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change that, in the Board's opinion, will have a material effect on the Participant's investment in the Pool. (o) The Board shall designate one or more Investment Officers for the Pool who shall be responsible for the investment of Pool assets, provided that no person who is an officer or employee of a regional planning commission, council of governments, or similar regional planning agency created pursuant to Chapter 391 of the Local Government Code of the State shall be eligible to serve as an Investment Officer. (d) The Board shall prepare, or direct the preparation of, an Information Statement that describes how the Pool will operate in accordance with the terms of this Agreement and the Statement of Investment Policy, Subject to the terms of this Agreement and the Statement of Investment Policy, the Information Statement may be amended or supplemented, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change described in such amendment or supplement that, in the Board's opinion, will have a material effect on the Participant's investment in the Pool. (e) The Board shall, subject to the limitations established in the Statement of Investment Policy, have full and complete power and authority to appoint, or direct the appointment of, the following: a Custodian, one or more Advisors, an Investment Consultant, lawyers, accountants, and any other service providers deemed necessary or helpful in the operation of the Pool. (0 The Board shall have full and complete power to use, or direct the use of, Pool assets for the following purposes: (I) incur and pay any expenses that, in its opinion, are necessary p � p y o� incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereof; (3) pay compensation or fees to persons with whom the Pool has c P y P contracted or transacted business, provided, however, the aggregate amount of the foregoing fees and expenses shall be subject to and governed by any restrictions thereon established by the Board; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. (g) The Board shall cause financial statements to be prepared and maintained for the Pool and for such statements to be audited annually by an independent certified public accounting firm, (h) By agreement, the Board may appoint the Administrator to perform administrative services for the Pool, provided that the Board shall continue to oversee the operation and management of the Pool and shall have the authority to direct the Administrator to take or not take specific action on behalf of the Pool. (1) The enumeration of any specific power or authority herein shall not be construed as limiting the general power and authority of the Board over the Pool. Section 103. Liability. (a) Neither the Board, the Sponsor, the Investment Officers, the Administrator, any Endorser, nor any officers, trustees, employees, or board members of any of the foregoing shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless caused by willful misconduct. (b) The Pool shall indemnify and hold harmless (either directly or through insurance) any person referred to in subsection (a) of this Section, to the extent permitted by law, for any and all litigation, claims, or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments, and penalties arising out of the management and operation of the Pool, unless the litigation, claim, or other proceeding resulted from the willful misconduct of such person. ARTICLE IV Participation in the Pool Section 4.01, Investment Agreement. For a Local Government or Agency to become a Participant and transfer money into the Pool, each of the following conditions must be satisfied: (a) The Local Government or Agency must adopt a resolution (1) authorizing such entity to become a Participant and approving this Agreement, (2) establishing the Pool as an agency and instrumentality of the Participant, (3) designating the Board as the governing body of the Pool, (4) approving the investment policies of the Pool (as amended from time to time by the Board) and directing that any conflicting local investment policies shall not apply to Pool investments of the Participant, (5) designating Authorized Representatives of the Participant, and (6) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Pool assets representing local funds of the Participant; and (b) The Local Government or Agency must become a party to this Agreement by executing an Additional Party Agreement and delivering the same to the Pool with a certified copy of the Resolution referred to in subsection (a) of this Section, an application in form and substance satisfactory to the Board, and such other Y } information as may be required by the Board. Section 4.02. Participant Accounts. (a) While available local funds of Participants may be commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in the Pool will be established and maintained by the Pool in accordance with the Participant's application to join the Pool. (b) Each Participant shall own an undivided beneficial interest in a Fund's assets, which shall consist of the proportional amount that each Account of such Participant bears to the total amount of all Participants' Accounts in such Fund. (c) Unique identifying information shall be assigned to each Account. The Participant hereby agrees that such identifying information shall be required to implement any deposit to or withdrawal from the Participant's Account. The confidentiality of such identifying information shall be maintained by the Pool. Section 4.03. Information Statement. (a) The Information Statement shall, among other things, describe in detail the procedures required to effect deposits to and withdrawals from the Pool. (b) Each Participant agrees to and accepts all of the provisions of the Information Statement, as in effect on the date it enters into this Agreement and as the same may be amended from time to time. Section 4,04. Reports. The Pool shall submit a written report at least once per month to each Participant. Such report will indicate the following: (I) the balance in each Account of a Participant as of the date of such report, (2) yield information, and (3) all Account activity since the previous report. ARTICLE V Pool Assets Section 5.0I. Pool Investments. Pool assets shall be invested and reinvested by the Pool only in Authorized Investments in accordance with the Statement of Investment Policy. Each Fund established as a part of the Pool will comply with investment objectives and policies set forth in the Statement of Investment Policy. Section 5.02. Custody. All money, investments, and assets of the Pool shall be held in the possession of the Custodian. Section 5.03. Fund valuation and Allocation to Participants. Total assets of each Fund, including investment earnings thereon, will be valued and allocated to Participants' Accounts in such Fund on a pro rata allocation basis as further described in the Information Statement. ARTICLE Vi Miscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative, or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative, or unenforceable to any extent whatsoever. (b) Any participation in this Agreement or transfer of assets to the Pool that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Pool. Section 6.02. Limitation of Rights. This Agreement does not create any right, title, or interest for any person other than the Participants and any person who has a contract to provide services to the Pool, and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy, or claim under this Agreement. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL, DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Act "), permits any "local government" to contract with one or more other "local governments" and with agencies of the state to perform "governmental functions and services," including investment of public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Public Funds Investment Act, Texas Government Code Chapter 2256 (the "Investment Act "), also authorizes local governments, state agencies, and nonprofit corporations acting on behalf of such entities to invest public funds through investment pools; WHEREAS, the Act also permits the contracting parties to any agreement to create an administrative agency to supervise the performance of such agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such agreement; WHEREAS, the City of Corpus Christi, Texas (the "Government Entity ") is a local government or an agency of the State of Texas within the meaning of the Act and/or the Investment Act and desires to enter into that certain Investment Agreement (the "Agreement "), a copy of which is presented with this Resolution and is incorporated herein by reference, and become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool ") sponsored by the Texas Association of School Boards ( "TASB "); WHEREAS, the Government Entity desires to designate the Pool as its agency and instrumentality with authority, through the Pool's Board of Trustees (the "Board "), to supervise performance of the Agreement, employ personnel and engage in other administrative activities, and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Pool by the Administrator, the Government Entity shall become a Participant in the Pool for the purpose of investing its available funds therein from time to time in accordance with its terms. 2. The Pool is hereby designated as an agency and instrumentality of the Government Entity, the Board is hereby designated as the governing body of the Pool, and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel, and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. 3. The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Pool, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Pool. 4. The following officers, officials, or employees of the Government Entity are hereby designated as "Authorized Representatives," within the meaning of the Agreement, with full power and authority to execute the Agreement, an application to join the Pool, Vendor Payment Authorization forms, and any other documents required or appropriate to become a Participant; deposit money to and withdraw money from the Government Entity's Pool account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: Printed Name: David Hedberg E -mail Address Signature Title: City Treasurer Printed Name : Jerome Joslin E -mail Address Signature Printed Name: Constance Sanchez E -mail Address Title City Investments Analyst Signature Title: Interim Director of Financial Services In accordance with Pool procedures, an Authorized Representative shall promptly notify the Pool in writing of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives, each Investment Officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Pool assets representing funds of the Government Entity. PASSED AND APPROVED this day of ATTEST By: By: Armando Chapa, City Secretary Approved as to form: October 1, 2009 By: \ �- Y Lisa Aguilar, Alsj tant City Attorney Joe Adame, Mayor Corpus Christi, Texas of .. 2009 The above resolution was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Lone Star Investment Pool Information Statement and Enrollment Book Distributed by First Public, LLC IAsBo Tama The Lone Star Information Statement should be read carefully before investing. Investors should consider the investment objectives, risks, charges, and expenses associated with this or any security prior to investing. Investment in Lone Star Investment Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) or any other government agency; although. Lone Star seeks to preserve the value of the investment at a fixed share price, it is possible to lose money by investing in Lone Star. For further information or for an Information Statement contact First Public at (800) 558 -8875. -202- Information Statement Enrollment Book Objective Table of Contents Investment Strategy and Guidelines Organization Participation Valuation and Return 3 3 8 12 15 Enrollment Book Instructions 18 Form I, Lone Star Investment Pool Resolution 19 Form II, Investment Agreement 21 Form III, Lone Star Application 29 Form IV, Vendor Payment Authorization 30 Form V, First Public New Account Application 31 This Information Statement is designed to set forth concisely the information you should know about the Lone Star Investment Pool (the Pool) before you invest. It should be retained for future reference. A Statement of Investment Policy, summarized under the Investment Strategy and Guidelines, contains additional information about the management and operation of the Pool and is incorporated by reference into this Information Statement. All enrollment material is included beginning on page 18. For assistance, call 800 -758 -3927. No person or entity has been authorized to give any information or to make any representations other than those contained in this Information Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the Pool, its Sponsor, the Board, the Advisory Board, the Administrator, the Distributor, the Investment Managers, the Custodian, the Investment Consultant, or any agent of the foregoing. March 2009 -203- Objective Investment Strategy and Guidelines Liquidity Pius Fund The Lone Star Investment Pool (hereafter referred to as the Pool) is a public funds investment pool created pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and the Public Funds Investment Act, Texas Government Code, Chapter 2256 (the Investment Act). The objective of the Pool is to maintain the safety of principal, while providing participating government entities (Participants) with the highest possible rate of return for invested funds. Participants in the Pool own pro rata interests in the underlying assets of the fund in which they participate. A Participant's sole source of payment from its investment in the Pool is the market value of such assets; although the Pool seeks to preserve the value of a Participant's investment, it is possible to lose money by investing in the Pool. Safety of Principal The Pool will only invest in those investments authorized under the Investment Act. Certain funds within the Pool contain further restrictions on eligible investments. These restrictions are stated in the Investment Strategy and Guidelines section. Each fund within the Pool will be marked -to- market daily to maintain an accurate net asset value. Pool investments will be diversified among a number of individual issues of securities maturing at different times. Maximum Total Return With larger amounts of money to invest, the Pool can purchase securities in large denominations, thereby improving yields and reducing transaction costs. Larger investment pools also permit the selection of securities maturing at various times, which can enhance the average yield of the Pool. These strategies, together with the investment advice of professional portfolio managers (see Organization), are designed to maximize the total return earned by each fund within the Pool. The Liquidity Plus Fund is designed for funds that may be required for immediate expenditure. The objective of the Liquidity Plus Fund is to provide participating government entities with safety of principal, daily Liquidity, and the highest possible rate of return. The Liquidity Plus Fund seeks to offer daily liquidity and maintain a net asset value of one dollar. The net asset value of the Liquidity Plus Fund is determined daily to ensure that the market value of the Fund's assets is maintained at one dollar. The dollar - weighted average maturity of the Liquidity Fund is 60 days or fewer. The maximum effective maturity of each security acquired by the Liquidity Fund is 13 months from date of purchase. Because of their short maturities, high quality, and minimal price fluctuations, securities in which the Liquidity Plus Fund invests are generally considered to be marketable and very liquid. Though the 3 -205- Liquidity Plus Fund may hold investments until they mature, it may periodically trade securities to take advantage of perceived disparities between markets for various categories of investments in an effort to increase returns. The Liquidity Plus Fund may not invest more than one - third of the value of its assets (determined as of the date of investment) in the securities of any single issuer, except for direct obligations of the U.S. Government. Though the Pool has the authority to invest in all securities authorized under the Investment Act, it is the Board's policy that only the following of such authorized investments will be eligible as Liquidity Plus Fund investments: * Obligations of the United States or its agencies and instrumentalities. * Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States or its agencies and instrumentalities. * Fully collateralized repurchase agreements that meet the following criteria: (1) have a defined termination date; (2) are secured by obligations of the United States or its agencies and instrumentalities; (3) require the securities being purchased by the Liquidity Plus Fund to be pledged to the Liquidity Plus Fund, held in the Liquidity Plus Fund's name, and deposited at the time the investment is made with the Liquidity Plus Fund or with a third party selected and approved by the Liquidity Plus Fund; and (4) are placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. The market value of repurchase agreement collateral is required to initially be 102 percent of the principal amount of such repurchase agreement. Thereafter, the market value of such collateral will be determined (marked -to- market) daily and reset to 102 percent of the principal amount if the market value of the collateral falls below 100 percent. * The Liquidity Plus Fund may lend up to 25 percent of its securities pursuant to a reverse repurchase agreement authorized under the Investment Act. Any funds obtained pursuant to a reverse repurchase agreement must be invested in authorized Liquidity Plus Fund investments and match the term of the reverse repurchase agreement. The term of any reverse repurchase agreement may not exceed 90 days. * No -load money market mutual funds regulated by the Securities and Exchange Commission (SEC) that invest exclusively in authorized Liquidity Plus Fund investments, provided the Liquidity Plus Fund shall not invest its funds in any one money market mutual fund in an amount that exceeds (i0 25 percent of the Liquidity Plus Fund's total assets or (ii) 10 percent of the total assets of such money market mutual fund. 4 -206- Liquidity Fund Liquidity Corporate Fund The Liquidity Fund is designed for funds that may be required for immediate expenditure. The objective of the Liquidity Fund is to provide participating government entities with safety of principal, daily liquidity, and the highest possible rate of return. The Liquidity Fund seeks to offer daily liquidity and maintain a net asset value of one dollar. The net asset value of the Liquidity Fund is determined daily to ensure that the market value of the Fund's assets is maintained at one dollar. The dollar - weighted average maturity of the Liquidity Fund is 60 days or fewer. The maximum effective maturity of each security acquired by the Liquidity Fund is 13 months from date of purchase. Because of their short maturities, high quality, and minimal price fluctuations, securities in which the Liquidity Fund invests are generally considered to be marketable and very liquid. Though the Liquidity Fund may hold investments until they mature, it may periodically trade securities to take advantage of perceived disparities between markets for various categories of investments in an effort to increase returns. The Liquidity Fund has the authority to invest in all securities authorized under the Investment Act. However, it is the Board's policy to also have the following restrictions: * Except for money market mutual funds regulated by the SEC, the Liquidity Fund shall not invest its assets in the securities of any one nongovernmental issuer in an amount that exceeds 5 percent of the Liquidity Fund's total assets at cost. * If an A -1 or P -1 investment is placed on the watch list with negative implications by a nationally recognized statistical rating organization (NRSRO), the Investment Advisor must sell the investment within one week. * The Liquidity Fund shall not invest its funds in any one money market mutual fund in an amount that exceeds (i) 25 percent of the Liquidity Fund's total assets or (ii) 10 percent of the total assets of such money market mutual fund. The Liquidity Corporate Fund is designed with similar investment objectives as that of the Liquidity Fund and Liquidity Plus Fund: safety of principal, daily liquidity, and the highest possible rate of return. The Liquidity Corporate Fund typically holds authorized investments with longer maturities than those of the Liquidity Fund and Liquidity Plus Fund. The Liquidity Corporate Fund seeks to maintain a net asset value of 50 cents. The net asset value of the Liquidity Corporate Fund will be determined daily to ensure that the market value of the Fund's assets is maintained at 50 cents. The dollar- weighted average maturity of the Liquidity Corporate Fund is 120 days or fewer. The maximum effective maturity of each security acquired by the Liquidity Corporate Fund is two years from date of purchase unless otherwise restricted by the Investment Act. Because of their short maturities, high quality, and minimal price fluctuations, securities in which the Liquidity Corporate Fund invests are generally considered to be marketable and very liquid. Though the Liquidity Corporate Fund may hold investments until they 5 —207-- Determining Whether Your Investment Goals Are Consistent with the Pool mature, it may periodically trade securities to take advantage of perceived disparities between markets for various categories of investments in an effort to increase returns. The Liquidity Corporate Fund has the authority to invest in all securities authorized under the Investment Act. However, it is the Board's policy to also have the following restrictions: * Except for money market mutual funds regulated by the SEC, the Liquidity Corporate Fund shall not invest its assets in the securities of any one nongovernmental issuer in an amount that exceeds 5 percent of the Liquidity Corporate Fund's total assets at cost. * If an A -1 or P -1 investment is placed on the watch list with negative implications by an NRSRO, the Investment Advisor must sell the investment within one week. * The Liquidity Corporate Fund shall not invest its funds in any one money market mutual fund in an amount that exceeds (i} 25 percent of the Liquidity Corporate Fund's total assets or (ii) 10 percent of the total assets of such money market mutual fund. Participants should be aware of certain investment risks applicable to all fixed-income securities, including obligations of the U.S. Government. Such risks include credit risk, market risk, liquidity risk, and counter-party risk. Credit risk. Credit risk is the possibility that the issuer of a bond or other security will fail to make timely payments of interest and principal. The credit risk associated with each fund within the Pool, therefore, depends on the credit quality of the underlying debt instruments held by that fund. In the event of a payment default on a debt instrument held in a fund, the investment return on the fund within the Pool that owns the investment in default will be adversely affected and, in some cases, the fund could experience a loss of principal (i.e., a reduction in the asset value below par value). The pool attempts to manage this risk by purchasing securities issued by the U.S. Government, its agencies, and instrumentalities; fully collateralized repurchase agreements; highly rated no -load money market mutual funds regulated by the SEC; certificates of deposit; and commercial paper that is rated not less than A -1 or P -1 or an equivalent rating by an NRSRO. Market Risk. Market risk (or interest rate risk) is the potential for a decline in the market value of a debt instrument due to rising interest rates. For example, a bond or other security issued or backed by the U.S. Government is guaranteed only with regard to the timely payment of interest and principal; its market price is not guaranteed. Just like bonds issued by government entities and corporations, U.S. Government securities will fluctuate in market value as prevailing market interest rates change. In general, the market value of a bond varies inversely with interest rates: If interest rates rise, market prices generally fall; if interest rates fall, market prices generally rise. In addition, for a given change in 5 -208-- interest rates, longer-maturity bonds fluctuate more in price (gaining or losing more in market value) than shorter-maturity bonds. To compensate investors for this risk, longer- maturity bonds generally offer higher yields than shorter - maturity bonds (all other factors, including credit quality, being equal). Liquidity Risk. Liquidity risk is the potential for there not to he a ready market for the securities in which the Pool invests. Lack of ready markets could prevent the Pool from selling securities to provide cash to meet liquidity needs, including amounts required for timely payment of withdrawals requested by participants. Counterparty Risk. Counterparty risk is the risk that a counterparty in a repurchase agreement could fail to honor the terms of its agreement. See also, Credit Risk (above). Liquidity Fund With a dollar - weighted average maturity of 60 days or fewer, the net asset value (NAV) of investments held in the Liquidity Fund and the NAV of each Participant's pro rata share in the Liquidity Fund are expected to maintain a stable NAV of $1.00 per share; however, there is no guarantee that it will be able to do so. The Liquidity Fund is not registered under the Investment Company Act of 1940 or regulated by the SEC. Liquidity Plus Fund With a dollar- weighted average maturity of 60 days or fewer, the NAV of investments held in the Liquidity Plus Fund and the NAV of each Participant's pro rata share in the Liquidity Plus Fund are expected to maintain a stable NAV of $1.00 per share; however, there is no guarantee that it will be able to do so. The Liquidity Plus Fund is not registered under the Investment Company Act of 1940 or regulated by the SEC. Liquidity Corporate Fund With a dollar- weighted average maturity of 120 days or fewer, the NAV of investments held in the Liquidity Corporate Fund and the NAV of each Participant's pro rata share in the Liquidity Corporate Fund are expected to maintain a stable NAV of $0.50 per share; however, there is no guarantee that it will be able to do so. The Liquidity Fund is not registered under the Investment Company Act of 1940 or regulated by the SEC. Organization Pool Structure Board and Bylaws By entering into the Investment Agreement (see Enrollment Book), Participants designate the Pool as an agency and instrumentality and its Board of Trustees (the Board) as the governing body of the Pool. The Pool holds legal title to all money, investments, and other assets and, through the Board, has the authority to employ personnel, engage in other administrative activities, and provide other administrative services necessary to accomplish the Pool's objectives. Pursuant to the Investment Agreement, the business and affairs of the Pool are required to be managed by the Board, and the Board is authorized and directed to adopt and maintain bylaws (the Bylaws) to provide for the governance and administration of the Pool to the extent not otherwise provided in the Investment Agreement; provided, however, that no provision of such Bylaws may be adopted if such provision would adversely affect the legal status of the Pool including the Pool's status as a public funds investment pool pursuant to the Investment Act. The Bylaws set forth procedures governing the selection of and action taken by members of the Board, subject to the requirement in the Investment Agreement that all voting members of the Board be either employees or elected officials of a Participant. The Bylaws provide for an 11- member Board consisting of individuals representing school districts that have adopted the Investment Agreement, including school board members, school administrators, and school business officials. Any Board member who ceases to be an employee or elected official of a Participant or who represents an entity that ceases to be a Participant is required to vacate his or her position. Any vacancy must be filled for the unexpired term in the same way as the original appointment. If a vacancy is not so filled within 60 days, the Board will take action to fill it. Board members are appointed for staggered, three -year terms after their initial appointment. Board members serve without compensation but are entitled to reimbursement of reasonable out -of- pocket expenses incurred in the performance of Board duties. The Board holds an annual meeting for the purpose of electing officers for the ensuing year and transacting other business. Officers elected at the annual meeting include the chair and vice - chair, who are required to be Board members, and a secretary and one or more investment officers, who may or may not be Board members. The Board may hold other meetings as deemed appropriate and necessary for transacting business. A majority of the members of the Board constitutes a quorum, and when a quorum is present, concurrence of a majority of those present and voting at any Board meeting is necessary for any official action to be taken, except that a majority of the Board's full membership is required to amend any provision of the Investment Agreement. For purposes of determining whether a quorum is present, vacant Board positions are not counted as part of the full membership of the Board until filled. Valid -210- Advisory Board Administrator/Distributor Investment Managers Board business may be conducted by meeting, telephone, a combination of the two, or by mail ballot. Pursuant to Section 2256.016(g) of the Investment Act, the Pool has established an Advisory Board composed of Participants and other knowledgeable individuals representing public schools, public junior colleges, cities, counties, and other local governments. The purpose of the Advisory Board shall be to gather and exchange information from Participants and non - Participants relating to Pool operation. Members of the Advisory Board shall be appointed by the president of the Texas Association of School Boards (TASB). Members shall serve without compensation but shall be entitled to reimbursement for reasonable out -of- pocket expenses incurred in the performance of Advisory Board duties. The Board has entered into an agreement with First Public, LLC (First Public), a Texas limited liability company and a member of the Financial Industry Regulatory Authority, Securities Investor Protection Corporation, and Municipal Securities Rulemaking Board, pursuant to which First Public serves as administrator of the Pool's operations (the Administrator). The Administrator is responsible for servicing Participants' accounts on a daily basis; negotiating contracts with investment advisors and consultants, custodian banks, lawyers, accountants, and other service providers; and performing related administrative services. The Administrator employs a supporting staff of management and administrative personnel and provides office space and equipment needed to perform its duties. First Public is also the distributor (the Distributor) of the Pool. In this role, First Public markets the Pool to potential investors and is responsible for preparing and updating this Information Statement and maintaining its consistency with the Statement of Investment Policy. Pursuant to the terms of its agreement with the Board, the Administrator is at all times subject to the direction and oversight of the Board and the Investment Officers. American Beacon Advisors, Fort Worth, Texas, and BNY Mellon Cash Investment Strategies, Pittsburgh, Pennsylvania, provide investment management services to the Pool regarding the investment and reinvestment of the Pool's assets. American Beacon Advisors (Investment Manager) manages over $37 billion of assets for hundreds of corporate, public fund, and individual clients. American Beacon Advisors offers a wide range of liquidity - oriented, fixed-income strategies designed to meet specific risk parameters, return targets, liquidity needs, and investment guidelines. BNY Mellon Cash Investment Strategies (Investment Manager), a division of The Dreyfus Corporation, manages over $429 billion in money market funds and for 270 clients in separately managed accounts, including financial institutions, hedge funds, corporate and public 9 Custodian Legal Counsel Independent Auditor Rating Agency Investment Consultant Pool Sponsor pension funds, high net worth individuals, trusts, 401(k) plans, endowments, foundations, banks, insurance and healthcare companies. Bank of New York Mellon (the Custodian) serves as custodian bank for the Pool. The Custodian is responsible for holding in a separate account all investment securities and money for the Pool. Subject to the terms and conditions of the Statement of Investment Policy, the Custodian may register or transfer assets of the Pool into the name of the Custodian or the name of one or more nominees, provided that the books and records of the Custodian at all times show that such assets are part of the Pool. Andrews Kurth LLP, a full- service law firm with offices in Houston and Austin, provides advice to the Pool on a range of legal issues. The firm also works on other financing transactions for First Public and is experienced in a variety of public law, securities, and tax matters. Maxwell Locke & Ritter, LLP, a full- service accounting firm, performs an annual audit of the Pool's financial statements. Maxwell Locke & Ritter's office is located at 401 Congress Ave., Suite 1 100, Austin, Texas 78701. Standard & Poor's, a division of the McGraw -Hill Companies (NYSE:MHP), is the world's foremost provider of independent credit ratings, indices, risk evaluation, investment research, data, and valuations. With 8,500 employees located in 23 countries, Standard & Poor's is an essential part of the world's financial infrastructure and has played a leading role for more than 140 years in providing investors with the independent benchmarks they need to feel more confident about their investment and financial decisions. RBC Wealth Management (the Investment Consultant) is an investment banking company that provides services related to fixed- income securities. The Investment Consultant monitors the Pool's operations and performance, reports its findings to the Administrator and the Board, and recommends changes to the Pool's operations and policies as it deems necessary to comply with the Pool's stated objective. RBC Wealth Management is either registered with or a member of the following: the Securities and Exchange Commission, the Financial industry Regulatory Authority, the Securities Investor Protection Corporation, the Public Securities Association, and the Municipal Advisory Council. The creation of the Pool was sponsored by the Texas Association of School Boards (TASB). TASB, a voluntary nonprofit, statewide organization established to serve the local school districts in Texas and headquartered in Austin, is a service organization supported through member dues. TASB membership is composed of more than 1,000 Texas 10 —212— Operating Expenses Other public school districts and county school boards and more than 200 junior colleges, appraisal boards, coo peratives, and education service centers throughout the state. TASB is governed by its members through the annual Delegate Assembly, which is TASB's general policymaking body. Policies and decisions promulgated by this group are translated into action programs (such as the Program) by the TASB Board of Directors, a 42-member body made up of school hoard members representing every geographic area of Texas. Annual fees based on a fixed percentage of the daily Pool assets are paid to the Administrator, Custodian, Investment Managers, and Consultants to the Pool. Other operating expenses payable out of the Pool's assets include, but are not limited to, sponsorship and endorsement fees, accounting fees, legal fees, and other out -of- pocket expenses. Annual fees are accrued daily and paid monthly out of the Pool's assets and are not expected to exceed 0.06 percent per year based on daily assets for the Liquidity Fund, Liquidity Plus Fund, and the Liquidity Corporate Fund. Neither the Board, the Advisory Board, the Sponsor, the Investment Officers, the Administrator, nor any organization approved by the Board as an endorser of the Pool nor any officers, trustees, employees, or board members of any of the foregoing shall be held liable for any action or failure to act on behalf of the Pool or the Participants unless caused by willful misconduct. The Pool shall indemnify and hold harmless (either directly or through insurance) any such person, to the extent permitted by law, for any and all litigation, claims, or other proceedings, including (but not limited to) reasonable attorney fees, costs, judgments, and settlement payments and penalties arising out of the management and operation of the Pool, unless such litigation, claim, or other proceeding resulted from the willful misconduct of such person. Any amendment to the Interlocal Investment Agreement, Statement of Investment Policy, or this Information Statement that may have a material effect on Participants' investments may not take effect unless notice thereof is sent to the Participants at least 60 days prior to the effective date. Copies of the Interlocal Investment Agreement, Statement of Investment Policy, and the Bylaws can be obtained from First Public, 12007 Research Blvd., Austin, Texas 78759. 11 —213— Participation Eligibility Deposits Only Government Entities of the State of Texas, including both Local Governments and Agencies may become Participants in the Pool. The term Local Government refers to any school district; county; municipality; special district; junior college district; any other legally constituted political subdivision, authority, public corporation, body politic, or instrumentality of the state; a combination of two or more of those entities (e.g., a combination by means of an interlocal agreement); or any other entity that may be included in the definition of Local Government contained in the Interlocal Cooperation Act or the Investment Act, as the same may be amended or restated from time to time. The term Agency includes the following: (1) a department, board, bureau, commission, court, office, authority, council, or institution; (2) a university, college, or any service or part of a state institution of higher education; and (3) any statewide job or employment training program for disadvantaged youth that is substantially financed by federal funds and that has been created by executive order no later than December 30, 1986. To become a Participant in the Pool, a Government Entity's governing body (e.g., board of trustees, city council, etc.) must adopt a resolution authorizing the Government Entity to become a Participant and approving an Investment Agreement to which all Participants are parties. In addition, the resolution accomplishes the following: * Establishes the Pool as an agency and instrumentality. * Designates the Board as the governing body of the Pool. * Approves the investment policies of the Pool (as amended from time to time by the Board) and directs that any conflicting local investment policies shall not apply to Pool investments. * Designates Authorized Representatives and Investment Officers. Following adoption of the Resolution, the Government Entity must complete and forward to the Administrator: the Lone Star Application, a certified copy of the Resolution, an executed counterpart of the Investment Agreement, and First Public Account Application. All of these documents are included in this Information Statement and Enrollment Book. A Government Entity may become a Participant and open an account with the Pool without being obligated to deposit any money to such account or otherwise actively participate in the Pool. There is no cost for setting up an account in the Pool. Deposits are required to be made by either Automated Clearing House (ACH) electronic funds transfer or wire transfer through the Federal Reserve Bank System (Wire Transfer). Deposits will be accepted by the Pool on any business day (each such day, a Deposit Day). For a 12 —214-- Participant's deposit to the Pool to be credited to its account on a particular Deposit Day, the Participant is required to provide the Administrator with the name of the government entity, identifying access code, Pool account number, verification of the bank's name and the account number from which funds are being transferred, and the amount to be deposited: * In the case of an ACH deposit, the Participant must notify the Administrator by 4 p.m. CST at least one business day prior to the Deposit Day. In the case of a Wire Transfer deposit, the Participant must notify the Administrator by 1 p.m. CST on the Deposit Day. In addition to contacting the Administrator and furnishing the information described above, the Participant must instruct its local bank to wire funds to the Custodian. Same -day wire transfer deposit requests received after 1 p.m. CST may be accepted on a case -by -case basis. Under no circumstances will a same -day wire transfer deposit be accepted after the Pool has calculated its Daily NAV per share. For a withdrawal from a Participant's account to occur on a particular Withdrawal Day (Withdrawal Day being any business day), the Participant is required to provide the Administrator with the name of the government entity, identifying access code, Pool account number, verification of the bank name and account number, and the amount to be withdrawn. The amount requested to be withdrawn cannot exceed the net asset value of the Participant's account on the date such notice is given. In addition, the amount withdrawn can never exceed the net asset value of a Participant's account on the actual Withdrawal Day. See Valuation and Return beginning on page 15. A Participant may terminate its withdrawal request, in whole or in part, by notifying the Administrator by 4 p.m. CST at least one business day prior to the Withdrawal Day. A withdrawal may be delayed in whole or in part beyond the scheduled Withdrawal Day in the event that a general suspension of trading in securities shall have occurred on the New York Stock Exchange or other major securities market, a general banking moratorium shall have been declared by banking authorities of the United States or the State of Texas, or some other national or state emergency exists that adversely affects the Pool's liquidity. Alternatively, a withdrawal may be honored in whole or in part by distributing Pool securities that have a current market value equal in amount to a related withdrawal request. Withdrawals will be permitted each Withdrawal Day. * In the case of an ACH withdrawal, the Participant must notify the Administrator by 4 p.m. CST at least one business day prior to the Withdrawal Day. * In the case of a same -day Wire Transfer withdrawal, the Participant must submit a withdrawal request to the Administrator by 1 p.m. 13 -215- CST on the Withdrawal Day. Same -day wire transfer withdrawal requests received after 1 p.m. CST may be accepted on a case -by- case basis. Under no circumstances will a same -day wire transfer deposit be accepted after the Pool has calculated its Daily NAV per share. The minimum amount required for any initial deposit and/or balance in Minimum any Pool account is $50,000. There is no minimum on subsequent Transaction Amounts deposits or withdrawals. The Pool may, at its option, transfer the balance in any account, if less than $50,000, to the Participant. Internet Pool Income Reports to the Participants First Public has an interactive Web Site, www.firstpublic.com, which allows Participants to make deposits to and withdrawals from the Lone Star Investment Pool; view and print account balances and the latest yields; and print transaction confirmations and month -end reports. Transactions can be set up in advance as long as they are transmitted and received by Lone Star no later than 4 p.m. CST on the business day prior to the requested payment date. Same -day wire transfers are permitted as long as they are transmitted and received by Lone Star no later than 1 p.m. CST. Each system permits Participants to pay vendors directly from their account. This allows Participants to earn interest on their funds until the payment due date. It also reduces the number of checks the Participant processes each month, allowing district personnel to allocate their time to other tasks. To pay vendors, Participants select whom to pay from a predetermined list and enter the amount of payment and due date. Participants accrue income on their account balances daily. All income received is automatically credited to the Participant's account at the end of each month. Participants receive a transaction confirmation after each deposit and withdrawal. Each Participant also receives a monthly and quarterly account statement showing current balances and all activity since the prior report. The Pool issues annual audited financial statements; Participants may obtain a copy upon request. A Participant's account will be directly and automatically charged for Participant Fees and the cost of any special services rendered by the Administrator. A Expenses Participant's account also will be charged with all actual costs and expenses associated with extraordinary events affecting the account, including (but not limited to) losses of investment income to the Pool associated with ACH returns or failure to transmit a Wire Transfer for deposit in a timely manner. 14 -216- Valuation and Return Liquidity Plus Fund Liquidity Fund Each day the Liquidity Plus Fund determines the Gross Distributable Investment Income (GDII) for that day. The GDII is determined by adjusting the Liquidity Plus Fund's accrued interest for that day by the amortization of any premiums and/or the accretion of any discounts. The Liquidity Plus Fund's daily yield is determined by dividing the GDII for that day by the total investable balance of the Liquidity Plus Fund for that day. The resulting yield is then used to determine the amount of investment income to distribute to each Participant's account. Investment income accrued during the month is credited to each Participant's account at the end of the month. All investments are stated at amortized cost, which in most cases approximates the market value of the securities due to the short -term nature of the investments. The NAV of each Participant's pro rata share of the investments held in the Liquidity Plus Fund is expected to be maintained at one - dollar per share. The NAV of the Liquidity Plus Fund is determined daily (on days that the New York Stock Exchange is open for business) to ensure that the market value of the Liquidity Plus Fund's assets is within one -half of 1 percent of the amortized cost. If the Liquidity Plus Fund's amortized cost is above or below the market value by more than one -half of 1 percent, the Investment Officer will take such action as the Investment Officer deems appropriate to maintain a one - dollar net asset value. Gains and losses generated by the sale of a security held by the Liquidity Plus Fund are allocated to Participant accounts over a period not to exceed 30 days, based on the straight -tine amortization method. The only source for payment to Participants in the Liquidity Plus Fund is the assets of the Liquidity Fund. Each day the Liquidity Fund determines the GDII for that day. The GDII is determined by adjusting the Liquidity Fund's accrued interest for that day by the amortization of any premiums and/or the accretion of any discounts. The Liquidity Fund's daily yield is determined by dividing the GDII for that day by the total investable balance of the Liquidity Fund for that day. The resulting yield is then used to determine the amount of investment income to distribute to each Participant's account. Investment income accrued during the month is credited to each Participant's account at the end of the month. All investments are stated at amortized cost, which in most cases approximates the market value of the securities due to the short -term nature of the investments. The NAV of each Participant's pro rata share of the investments held in the Liquidity Fund is expected to be maintained at one - dollar per share. The NAV of the Liquidity Fund is determined daily (on days that the New York Stock Exchange is open for business) to ensure that the market value of the Liquidity Fund's assets is within one -half of 1 percent of the amortized cost. If the Liquidity 15 —217— Liquidity Corporate Fund Return Information Fund's amortized cost is above or below the market value by more than one -half of 1 percent, the Investment Officer will take such action as the Investment Officer deems appropriate to maintain a one - dollar net asset value. Gains and losses generated by the sale of a security held by the Liquidity Fund are allocated to Participant accounts over a period not to exceed 30 days, based on the straight -line amortization method. The only source for payment to Participants in the I:iquicity Fund is the assets of the Liquidity Fund. Each day the Liquidity Corporate Fund determines the GDII for that day. The GDII is determined by adjusting the Liquidity Corporate Fund's accrued interest for that day by the amortization of any premiums and/or the accretion of any discounts. The Liquidity Corporate Fund's daily yield is determined by dividing the GDII for that day by the total investable balance of the Liquidity Corporate Fund for that day. The resulting yield is then used to determine the amount of investment income to distribute to each Participant's account. Investment income accrued during the month is credited to each Participant's account at the end of the month. The NAV of each Participant's pro rata share of the investments held in the Liquidity Corporate Fund is expected to be maintained at 50 cents per share. The NAV of the Liquidity Corporate Fund is determined daily (on days that the New York Stock Exchange is open for business) to ensure that the market value of the Liquidity Corporate Fund's assets is within one -half of 1 percent of the amortized cost. If the Liquidity Corporate Fund's amortized cost is above or below the market value by more than one -half of 1 percent, the Investment Officer will take such action as the Investment Officer deems appropriate to maintain a net asset value of 50 cents. Gains and losses generated by the sale of a security held by the Liquidity Corporate Fund are allocated to Participant accounts over a period not to exceed 30 days, based on the straight -line amortization method. The only source for payment to Participants in the Liquidity Corporate Fund is the assets of the Liquidity Corporate Fund. Monthly Return* 7 -Day SEC Yield* WAM* Assets* Inception Date Liquidity Plus 0.90% 0.76% 38 Days $5,079,521,928 April 1994 Liquidity 1.11% 0.98% 37 Days $1,133,091,117 August 1995 Liquidity Corporate 1.13% 1.02% 45 Days $2,987,780,709 May 1999 *As of January 31, 2009. Past performance is not indicative of future results. 16 -218- Lone Star Investment Pool Board Members Lone Star Investment Pool Board Officers Lone Star Investment Pool Advisory Board Name, Board Position Robert Blount, Jr., Chair James Wilcox, Vice -Chair Judy Cassetty David Garcia Gerald Irons Art Martin Joe Munoz Rick Reedy Greg Smith Mark Williams Affiliation, Position Northside ISD, school board official Longview ISD, superintendent Bushland ISD, school board official Midland ISD, business official Conroe ISD, school board official Lubbock ISD, asst. superintendent of Financial Services Hays CISD, school board official Frisco ISD, superintendent Clear Creek ISD, superintendent Austin ISD, school board official Term Expiration 2/2012 2/2011 2/2011 2/2012 2/2011 2/2011 2/2010 2/2010 2/2012 2/2011 The current officers of the Pool, who serve at the discretion of the Board, are as follows: Name, Board Position Robert Blount, Jr., Chair James Wilcox, Vice -Chair James B. Crow, Secretary Chris Szaniszlo, Investment Officer William Mastrodicasa, Investment Officer Name, Board Position John W. Davis III, Chair James R. Schiele, Vice -Chair David Betancourt Donna Cline R. Xavier Gonzalez Kay Kizziar Ismael Mijares 17 -219- Affiliation, Position Northside ISD, school board official Longview ISD, superintendent TASB, Inc., executive director First Public, managing director First Public, chief compliance officer Affiliation Fort Bend ISD Duncanville ISD Cameron County Clint ISD Flour Bluff ISD Crowley ISD Eagle Pass ISD Term Expiration 2/2010 2/2010 2/2011 2/2011 2/2011 2/2012 2/2011 Enrollment Book Instructions How to Open a Lone Star Investment Pool Account Pool Resolution and Investment Agreement Application Any Government Entity of the State of Texas (as defined in the Information Statement) may join the Pool as a Participant. A Goverrunent Entity that wants to open an account with the Pool and become a Participant must adopt the Lone Star Investment Pool Resolution, execute an Investment Agreement, complete the Lone Star Application, and complete the First Public Account Application, all of which are included in this Information Statement and Enrollment Book. Capitalized terms used in this Enrollment Book and not otherwise defined have the same meaning assigned to them in the Investment Agreement. The governing body of the Government Entity must adopt the Lone Star Investment Pool Resolution (see Form I) authorizing it to become a Participant in the Pool and approving the Investment Agreement (see Form II). The Resolution also (1) establishes the Pool as an agency and instrumentality, (2) designates the Board as the governing body of the Pool, (3) approves the investment policies of the Pool (as amended from time to time by the Board) and directs that any conflicting local investment policies shall not apply to Pool investments, and (4) designates "Authorized Representatives" and Investment Officers. All blank spaces in the Resolution must be completed with the name of the Government Entity and the names, titles, and signatures of its Authorized Representatives. The Investment Agreement must be executed by having an Authorized Representative sign and date the last page of such agreement (entitled Additional Party Agreement). Sections A, B, and C of the Lone Star Investment Pool Application (see Form III) and sections A and B of the First Public New Account Application (Form V) must be completed (including execution by an Authorized Representative of the Government Entity as named in the Resolution). The application provides all applicable information about the applicant and its local depository bank. After the application is received by First Public, a user ID and password for each Authorized Representative will be sent to the Government Entity. Once the account is open, the Participant may make its initial deposit according to the instructions included in the Information Statement. To open additional accounts, photocopy and complete sections B and C of the application form. Deliver an executed original of the Resolution (Form I), Investment Agreement (Form II), Lone Star Application (Form III), and First Public Account Application (Form TO to the Administrator: First Public, 12007 Research Blvd., Austin, Texas 78759. 18 -220- 18 CITY COUNCIL AGENDA MEMORANDUM October 13, 2009 AGENDA ITEM: Ordinance abandoning and vacating a 4,670.17 square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1 B, located south of the Holly Road public right -of -way, and east of and adjacent to the Nodding Pines Drive public right -of -way; requiring the owner, Holly Airline 200, LTD., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary for the development of an apartment complex. The existing easement in its present location conflicts with the construction of the proposed apartments. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an uo- to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Vice cztk s Juan Perales, Jr., P.E. Interim Assistant City Manager Development Services Department Email: JohnnyP@cctexas.com Telephone: 361-826-3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map 1:11OME1 WILLIEMIGEMAG091ESMT- CLOIWOOLDRIDGE CREEK UNIT 8 (10- 06- 09�\EASEMENT CLOSURE.WOOLDRIDGE CREEK UNIT &AGENDA PACKET (10-05- 09 0OC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of Holly Airline 200, LTD., ( "Owner"), is requesting the abandoning and vacating of a 4,670.17 square foot portion of a 15 -foot wide utility easement out of the Wooldridge Creek Unit 8, Block 1, Lot 1 B, located south of the Holly Road public right -of -way, and east of and adjacent to the Nodding Pines Drive public right -of -way. The easement to be abandoned and vacate is located in a "B -3" Business District. The closure of the utility easement is necessary for the development of the property and construction of an apartment complex. The existing easement in its present location, conflicts with the construction of the proposed apartments. All public and franchised utilities were contacted. City Water Department has an existing waterline in the easement and has no objections to the closure as long as the Owner follows through with the proposed construction drawing submitted for the installation of proposed waterlines for the apartment complex. None of the other City departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed easement abandonment. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49 -12 because the Owner has dedicated a new utility easement (25,910.27 square feet) of equal or greater value to off -set the proposed abandonment and vacation of the existing 4,670.17 square foot utility easement. The Owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A H:\ HOMEI WILLIEM IGEN1A0091ESMT- CLOIWOOLDRIDGE CREEK UNIT 8 (10 -06-0)\EASEMENT CLOSURE.WOOLDRIDGE CREEK UNIT 8.AGENDA PACKET (10- 06.09).DOC Page 1 of 1 ORDINANCE ABANDONING AND VACATING A 4,670.17-SQUARE FOOT PORTION OF A 15-FOOT WIDE UTILITY EASEMENT OUT OF WOOLDRIDGE CREEK UNIT 8, BLOCK '1, LOT 1B, LOCATED SOUTH OF THE HOLLY ROAD PUBLIC RIGHT -OF -WAY, AND EAST OF AND ADJACENT TO THE NODDING PINES DRIVE PUBLIC RIGHT -OF -WAY; REQUIRING THE OWNER, HOLLY AIRLINE 200, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Holly Airline 200, Ltd., is requesting the abandonment and vacating of a 4,670.17- square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1 B, which is located south of the Holly Road public right -of -way, and east of and adjacent to the Nodding Pine Drive public right -of -way in order to allow for the future development of an apartment complex over the existing utility easements. The easement to be abandoned and vacated is located in a "B -4" General Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 13, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 4,670.17- square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1 B, as recorded in Volume 67, Pages 324 -325 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because Owner has dedicated by plat a new utility easement (25,910.27- square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 4,670.17 square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:1 LEG- DIR1Shared \LEGAL- DEV.SVCS12009 Agendall 0-1 31ORD-abandon-vacateUtilEasement- Wooldridgecreek.doc —225— Page2of2 3) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted . to the Deputy Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for g Y immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of October, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: October 6, 2009. r. ...r,f /'t(1s:7:/4ir\ Aix _ U3eborah Walther Brown Assistant City Attorney For City Attorney H:1 LEG -D1R \Shared \LEGAL- DEV.SVCSL2009 Agendal1 0 -1 31ORD- abandon- vacateUtilEasemen# WooldridgeCreek.doc —226— Page3of3 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. 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Q 4 ;31 ail t 19 AGENDA MEMORANDUM October 13, 2009 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $75,440.00 for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation Projects with Task Orders 2 and 3 subject to (1) FM funding; (2) City Council acceptance and ordinance appropriating the funds, and (3) Motion to authorize City Manager or his designee to execute an amendment to the Agreement to authorize the fees for Task Orders 2 & 3. (Project Numbers E09046, E09047, E09048) CONSULTANT SELECTION!PROJECTS: The City selected Jacobs Engineering Group to provide Airport engineering services through an RFP for a multi -year service agreement for up to five years. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. A Request for Proposals was issued and the firm of Jacobs Engineering was selected as the most firm deemed most qualified to provide the required services. The local engineering services sub - consultant on the projects will be LNV Engineering, Inc. of Corpus Christi, Texas. The Corpus Christi, Texas office of Raba Kistner will be directly contracted by the City to provide geotechnical, engineering materials testing, inspection and laboratory testing services. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Fred Segundo Director of Aviation 361-289-0171 ext. 1213 freds@cctexas.com ADDITIONAL SUPPORT MA TERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Contract Summary Location Map Pete Anaya, P. Director of Engineering Services 361 -826 -3781 petean @cctexas.com -231- . BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City of Corpus Christi has historically contracted for Airport engineering consulting services for a five (5) year term. During the term of the contract, all Airport engineering projects are undertaken by the selected firm. The actual projects that will be undertaken and the timing of the projects are unknown when the firm is selected. The FAA authorization of engineering design services is dependent upon when funding becomes available. At this time, the FAA has authorized engineering services for three projects. The FM currently provides 95% of the funding for FAA approved Aviation Improvement Project at Corpus Christi International Airport. The FAA has made construction funding available to the City due to the existence of bid ready documents when discretionary or surplus funds are identified by FM during their fiscal year. Those funds must be obligated during the FAA's fiscal year which the City has successfully done for many years. CONTRACT SUMMARY: The contract will result in the consultant undertaking work on three projects. The projects being authorized at this time by the contract include the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services project. Two future projects have had the project scope and proposed fee developed. Those projects are included in the contract subject to Council's: • acceptance of FAA funding; • approval of an ordinance appropriating funds; and • approval of a motion to authorize an amendment of the contract authorizing the fee. The future projects included that are subject to Council authorization are the: • Airfield Perimeter Road Rehabilitation Project; and • Airfield Terminal Apron Rehabilitation Project. A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to authorize amendments to the Engineering Services contract as the FAA authorizes grants for future projects and construction. Council will also be requested to authorize the award of construction contracts that arise from the services of the Consultant. FUNDING: Funding is available from Airport Capital Reserve Funds and FAA Grants. The FAA will fund 95% of the cost for this contract. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the selection and recommended its approval. -232- [_ EXHIBIT A 11 CONTRACT SUMMARY Jacobs Engineering Group inc., (A/E), will provide planning, architectural, engineering and construction administration services for the City for projects associated with the Corpus Christi International Airport, NE shall provide such Services as authorized by written Task Order issued by City. Services or tasks requiring an increase of fee must be authorized and approved by the Director of Engineering Services as evidenced in writing as an amendment or Task Order to this contract. A/E and City agree that the initial Task Orders shall be as follows: Exhibit "A -1" -- Task Order No. 1 - Terminal Rehabilitation Phase 1 Design --- Federal Inspection Station (FIS) Conceptual Programming Service Exhibit "A -2" •-- Task Order No. 2 -- Rehabilitation of Perimeter Service Road Phase 1 (Design Services) Exhibit "A--3" -- Task Order No. 3 -- Air Carrier Apron Rehabilitation Task Orders No. 2 and No. 3 are subject to (1) FAA grant funding; (2) City Council acceptance and ordinance appropriating the funds, and (3) motion to authorize City Manager or his designee to execute an amendment to this contract to authorize the fees for Task Orders 2 & 3. FEE AND INVOICING The A/E will be reimbursed as follows with fees subject to yearly adjustment upon the mutual agreement of A/E and City: I. For Task Order No. 1, the CITY will pay the A/E a fee, as described in Exhibit "A -1 ", for a total amount not to exceed $75,400.00 for Services authorized under this Agreement, inclusive of all Services, Time and Materials. 11. For Task Order No. 2, the CITY will pay the A/E a fee, as described in Exhibit "A-2 ", a total amount not to exceed $490,848.00 for Services authorized under this Agreement, inclusive of all Services, Time and Materials. 111. For Task Order No. 3, the CITY will pay the NE a fee, as described in Exhibit "A -3 ", a total amount not to exceed $237,722.00 for Services authorized under this Agreement, inclusive of all Services, Time and Materials. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The Architect/Engineer-NE will: a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Provide Topographic surveys c. Confer, discuss, and meet with Depart of Aviation and Department of Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design -233- Exhibit B Page 1 of 9 alternatives. . The NE will participate in meetings with AIRPORT and CITY staff as outlined in Exhibit "A -1 ", "A -2" and "A -3 ", provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the FAA, Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. d. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Design Memorandum (or Engineering Report) in accordance with FAA requirements, with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with AIRPORT and CITY staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The NE will meet with AIRPORT and CITY staff to collect data, discusses materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, fist of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plans). 3) Identify results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABI LITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service) . —234— Exhibit B , Page 2 of 9 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction. and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with Depart of Aviation and Department of Engineering Services staff to produce a cohesive, well -- defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the AIE and Sub- consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on costs savings toward the AIRPORT , which this project will affect. 1 O)Required with the Design Report is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Statement of Cost • Alternatives To Costs • Selection of Materials • ROW requirements • Permit requirements • Easement requirements • Embedment type • Constructability, etc. • Specific requirements of the CITY or FAA • Standard specifications • Non- standard specifications • Any unique requirements • Construction phasing • Cost, alternatives, etc. • Sponsor permit requirements and status b. Perform the items as shown on Exhibit "A -1 ", "A -2" or "A -3" Task List as applicable. 2. Design Phase. Upon approval of the preliminary phase the NE will: a. Study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the Department of Aviation the FAA and CITY Operating Departments if applicable to the project. b. For 60% submittal to CITY and AIRPORT, prepare seven (7) sets of Construction Bid and Contract Documents in CITY format (using CITY Standards as applicable), including Contract agreement forms, general -235- Exhibit B Page 3of9 conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. Five (5) copies will be provided to the AIRPORT, two (2) copies will be provided to the CITY. For FM funded projects, FAA General Terms and Conditions and construction specifications will be used and coordinated with CITY requirements to the fullest extent possible. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated solis that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish seven (7) copies of 60% plans to the AIRPORT and CITY for review and approval purposes with estimates of probable construction costs. Five (5) copies will be provided to the AIRPORT, two (2) copies will be provided to the CITY. f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Furnish complete construction and bid documents including specifications for CITY staff review and approval. Provide seven (7) copies of 90% and l00% complete plans and bid documents to the CITY staff for review and approval purposes with revised estimates of probable costs. Identify distribution fist for plans and bid documents to all affected utilities including CITY and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise CITY of responding and non - responding participants. Five (5) copies will be provided to the AIRPORT, two (2) copies will be provided to the CITY. h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60 %, 90% (optional), and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by CITY staff. The Consultant NE and Sub-consultant AIE shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. 1. If required, provide traffic controls including a Traffic Control Plan, , illumination, markings and striping, signalization, and delineations by the City Traffic Engineering Department. j. Upon approval by the Director of Aviation, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for —236— Exhibit B Page 4 of 9 reproduction (In CITY Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The CITY agrees that any modifications of the submitted final plans (for other uses by the CITY) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. L Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. n. Plans and specifications for FAA funded projects will be prepared in accordance with FAA requirements, using standard FAA specification, details and special provisions. CITY standard layout sheets will be used. CITY contract forms, general terms and conditions will be incorporated into the FAA required documents to the fullest extent possible. Standard CITY details and specifications will be used when FAA requirements are not applicable (Le.: water and sewer, or other non - aviation related items) 0. CADD standards used on the projects will conform to FAA requirements for GIS. 3. Bid Phase. The NE will: a. Participate in the pre -bid conference. b. Assist the CITY in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the C1TY's format, for the Department of Aviation and Department of Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A!E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. ASE responsibilities shall include but not be limited to the following: a. Prepare Agenda and conduct pre - construction meeting. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications to the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the AIRPORT under the contract —237— Exhibit B Page 5 of 9 e. Make regular visits to the site of the Project to confer with AIRPORT Staff, Resident Project Representative (Inspector) and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction, f Conduct regular progress meetings with the AIRPORT staff, contractor and inspector. Prepare agenda and meeting minutes for each progress meeting and distribute. g. Coordinate and submit all FAA required documentation including but not limited to weekly inspection reports, requests for reimbursement and material test results. h. Prepare change orders (coordinate with the AIRPORT); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the AIRPORT under the contract. 1. Complete Substantial Completion inspection and provide contractor with Substantial completion certification and list of deficient work items. j. Make final inspection with AIRPORT and CITY staff and provide the AIRPORT and CITY with a Certificate of Final Completion for the project. k. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, or current version in use by the CITY. As a minimum the Introduction, Table of Contents, and Index will be in HTML ( HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GI F, TIFF, J PEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the CITY's computer - Imaging for Win95 (Wang) and Microsoft imaging Composer. Deliver the manuals on a CD -ROM. I. Review construction "red -dine" drawings, prepare record drawings of the Project as constructed (from the "red- line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. Ali drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the FAA GIS system. —238— Exhibit B Page 6 of 9 m. Prepare Final Engineering Report and Grant Closure documents in conformance with FAA requirements. n. AE's scope of work shall not include making inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. If the ASE is called upon to review submittals from construction contractors, the NE shall review and approve or take other appropriate action upon construction contractors)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The A/E's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the AIE's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. The A/E shalt not assume any responsibility or liability for performance of the construction services, defects or deficiencies in the construction services, for the safety of persons and property during construction, or for compliance with federal, state and Local statutes, rules, regulations and codes applicable to the conduct of the construction services. The A/E shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for services that are not included in Basic Services, but may be included as part of this contract. NE shall not begin performance of any Additional Services until the A/E provides a breakdown of costs and a schedule a d written authorization is provided by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Aviation and Director of Engineering Services and approved by the CITY. Such Additional Services, include, but are not limited to the following: 1. Permitting. The NE will prepare this documentation for all required signatures. The NE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments -239- Exhibit 8 Page 7 of 9 f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) I. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) 1 Texas Department of License and Regulation (TDLR ) m. Local CITY Permits as required 2. Right -of -Way (ROW) Acquisition Survey. The AIE will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the CITY's use in the acquisition process. All work must comply with Category 1 -A, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the CITY's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. NE Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by CITY). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the CITY's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyor' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Environmental Issues a. Provide environmental site evaluations and Archeolo gy Reports orts that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Construction Observation Services. Provide Project Observation services including day -to -day detailed coordination with the Airport's staff and testing laboratory. 6. Start -up Services. Provide on -site services and verification for all start -up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the -240-- Exhibit 8 Page 8 of 9 contract. Document the condition and prepare a report for the AIRPORT staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to AIRPORT Staff, Complete the inspection= and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. 9. Provide Construction Materials Testing. Provide construction materials testing utilizing the services of an FAAIASTMINCEES qualified Construction Material Testing Laboratory to perform Quality Assurance Testing in conformance with FM requirements and standards. 10. Funding applications with supporting documents 11. Disadvantaged Business Enterprise (DBE) Plan or update assistance 12. Airport Layout Plan Revisions 13. Property Map Revisions 14. Environmental Overview or Statements 15. Assistance with Funding 18. Coordination with Other Contracts 17. GIS Development 18. Airport Property Acquisition 19. Airport Master Planning or Plan Updates 20. Pavement Management System Development or Updates 21. Airport Financial Planning 22. Evaluations of Frivolous Claims by Contractor(s) or others —241— Exhibit B 1 Page 9 of 9 File : \ Mpraject \ councilexhibits \ exh 09446. dwg r. M. 624 C z CORPUS c3cRrsTI BAY HWY 44 McGLOIN RD. LOCATION MAP NOT TO SCALE HWY 44 BANES RD 1 PROJECT # E09046 CORPUS CHRIST! �\) ;r.�... Ili T1OAL i �--_ \ AIRPORT \\\\.C\C----\\ \ • -rte MCGL.OIN ROAD c SITE LOCATION NOT TO SCALE CCIA Terminal RehabiItion L..__.._ II PROJECT SITE CC1A Terminal r - N. BEAR L*IE IXFIIB/T 'C' cITY COUNCIL EXHIBff CITY T OFPEGN ENG' �VCEDPRT ENGINEERING SS PAGE: 1 of 1 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10113/09 AGENDA ITEM: Resolution approving the first amendment to Corpus Christi Business and Job Development Corporation's Agreement to grant business incentives to Turner industries Group, LLC, for the creation of jobs ISSUE: Due to economic conditions and delays in the design, review and approval process for the construction of the new buildings and related infrastructure, Turner Industries experienced a one year delay in their project. REQUIRED COUNCIL ACTION: Council approval of the resolution PREVIOUS COUNCIL ACTION: City Council approved an incentive agreement for Turner Industries LLC, on December 11, 2007. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the First Amendment to Corpus Christi Business and Job Development Corporation's Agreement to grant business incentives to Turner industries Group, LLC for the creation of '1 85 full time jobs and a capital investment of $10 million. Attachments —245— Irma Caba�ero Director of Economic Deve opment irmaca @cctexas.com 826 -3850 BACKGROUND INFORMATION Turner Industries 9 Group, L.L.C., is a privately- -owned industrial contractor servicing the • refining, petrochemical, power and offshore industries. The company has been under the same ownership since 1961; sales in 2006 were $1.27 billion. Clients in the Corpus Christi area include CITGO, Elementis Chromium, Valero Refining, Air Liquide, Flint Hills Resources, Kiewit Offshore Services and Gulf Marine Fabricators. Turner Industries is a leader in construction and maintenance of industrial plants and a leader in the fabrication of piping systems for the industrial sector. The addition of a 60,000 s.f. fabrication shop in Corpus Christi will complement the addition of 60,000 s.f. in Pasadena, TX. Together these additions will add to the company's existing 650,000 s.f. of fabrication facilities which is vitally needed to meet the demand brought about by the unprecedented industry growth. In addition to the fabrication shop, Turner Industries will assemble equipment modules for shipment to clients via truck or the ports in Corpus Christi. The project, through two phases, will involve the improvement of property located on a 49 acre tract owned by Turner industries Group, L.L.C., bounded by Clarkwood Road, Leopard Street and 1 -37. The facility will be a 60,000 square foot pipe fabrication shop and a 10,000 square foot administration office. The administrative office will be used for general administration and recruiting /hiring of employees. Training will be provided to employees to enhance their skills, increase their earning potential and improve productivity. Construction and maintenance services provided to clients at their primary industry sites (i.e. refineries, plants and offshore fabrication yards) will be managed from the Corpus Christi administrative office. on December 11, 2007, City Council approved a performance based agreement between the Corpus Christi Business and Job Development Corporation and Turner Industries Group, L.L.C., granting $1,850,000 in business incentives for the capital investment of $10,000,000 and the creation of 185 full -time jobs. On September 21, 2009, the City of Corpus Christi received a letter from Turner Industries Group, LLC, requesting a time extension to the Time of Performance requirements outlined in Schedule B of the agreement. Turner Industries' current site was modeled after a larger facility recently completed in Pasadena, Texas. Turner Industries' project experienced approximately a one year delay in their project due to issues impacting the project schedule and economic issues nationwide. Contributing factors included delays in the design, review and approval process for the construction of new buildings and related infrastructure. Turner Industries has expenditures that exceed $6 million to date on the project. This figure does not include the final construction costs of the shop, landscaping costs, or the construction of the administrative /personnel offices. While various factors have resulted in a later completion date of the project, it was not unanticipated that unintended delays would occur. Turner Industries requests an extension with regard to the Performance Requirements outlined in Schedule B of the agreement. The agreements states that should any unintended delays arise during the initial phase, the subsequent milestone performance dates and hiring targets will be adjusted accordingly while retaining the same five (5) year period. Summary of Reports and Monitoring Requirements Turner Industries Group, L.L.C., agrees to fully and timely comply with the following provisions throughout the term of the agreement: • Provide a yearly report certifying the status of compliance of new jobs created, new investments and any other relevant information • Allow the Corporation (Type A Board) and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Turner Industries Group's construction site to allow for verification of construction progress. • Allow the Corporation (Type A Board) and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Turner Industries Group's employment records and books to verify employment. • By January 31 of each year of the agreement, agree to provide the Corporation (Type A Board) with a sworn certificate by its corporate officer in charge of personnel certifying the number of full-time permanent employees at its facilities as of December 31 of the previous calendar year; the number of full -time permanent jobs created during the previous calendar year, with hourly wage; and, the cumulative salary and wage information for all employees at the Corpus Christi facility during the previous calendar year. Performance Requirements New Deadline with Extension Acquisition /construction of an administrative building, fabrication facility, lay -down yard, and materials storage area for fabrication of pipe products for the petrochemical industry; capital investment of $6,600,000; minimum 50 full -time positions with average annual salary $46,886; total annual payroll $2,344,300 December 31, 2009 Continued construction; capital investment of $2,400,000; creation of additional 50 full -time positions and continued staffing of 50 full -time positions; average annual salary $51,326; annual payroll of $4,865,100 December 31, 2010 Completion of construction; capital investment of $1 ,000,000; creation of additional 50 full -time positions and continued staffing of 100 full -time positions; average annual salary of $53,379; annual payroll of $7,698,900 December 31, 2011 Maintaining full -time production with equipment; creation of additional 35 full -time positions and continued staffing of 150 full -time positions; average annual salary of $53,379; annual payroll of $10,270,090 n A , December 31, 2012 on September 30, 2009, the Corpus Christi Business and Job Development Corporation recommended approval of the First Amendment to grant business incentives to Turner Industries Group. The following is an outline of the incentive: • The overall incentive will remain the same, $1,850,000 however the payout will be over a four (4) year milestone period instead of five (5) milestone periods. • The earning of the incentives will remain the same as the original Agreement, 50% for capital investment and 50% for job creation. • The following is the proposed payout based on the requested Amendments to the Agreement: • Job Creation Total Award $925,000 • $5,000 per job a@ 185 jobs • Yr. 1 = • Yr. 2 = $250,000 (50 Jobs) > Yr. 3 = $250,000 (50 Jobs) • Yr. 4 = $250,000 (50 Jobs) • Yr. 5 = $175,000 (35 Jobs) • Capital Investment Total Award $925,000 • Yr. 1 = • Yr. 2 = $610,500 (66 %) • Yr. 3 = $222,000 (24 %) • Yr. 4 = $92,500 (1O%) > Yr. 5 = Page 1 of 2 RESOLUTION APPROVING THE FIRST AMENDMENT TO CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S AGREEMENT TO GRANT BUSINESS INCENTIVES TO TURNER INDUSTRIES GROUP, LLC, FOR THE CREATION OF JOBS WHEREAS, on January 8, 2008, the Corpus Christi Business and Job Development Corporation ( "4A Board ") and Turner Industries Group, LLP ( "Turner Industries "), to executed an Agreement to Grant Business Incentives for the Creation of Jobs, which granted $1 ,850,000.00 in business incentives to Turner Industries for acquisition and construction of an administrative office building, fabrication facility, lay - down yard, and material storage area for the fabrication of pipe products for the petrochemical industry and the creation of 185 new jobs over a five year period; and WHEREAS, adjustments to the implementation schedule are necessary, due to delays in permitting the necessary construction of infrastructure and buildings on site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the First Amendment to the Agreement to Grant Business Incentives for the Creation of Jobs between the 4A Board and Turner Industries, which is attached to this resolution, is approved. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 5, 2009 R. Ja "ning First Assistant City Attorney For the City Attorney —249— Res-lst Amendment - Tumer 10052009 CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Res -1st Amendment - Turner 1 0052009 — 2 5 0 — FIRST AMENDMENT TO AGREEMENT TO GRANT BUSINESS INCENTIVES TO TURNER INDUSTRIES GROUP, LLC, FOR THE CREATION OF JOBS A. The A JrRement tr;? Grant Business Incentives for the Creation of Jobs ("Agreement") between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Turner industries Group, LLC, last executed on January 8, 2008, is amended as follows: 1. The paragraph of Section 11 is revised to read as follows: "II. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS "2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ".1 Money Grant: Corporation will convey by grant to TIG a total of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00) in five (5) increments, as set forth in Schedule A, subject to the performance requirements of TIG and the conditions precedent as set forth in Schedules A, B, and C and that TIG has timely and fully complied with all applicable terms and conditions contained in this agreement. All Corporation payments are subject to the TIG's successful completion of all of performance requirements outlined in this Agreement. "Failure by Corporation to timely and fully comply with any performance requirement shall be an act of default by Corporation giving TIG, as its sole remedy, the right to the contracted amount to be conveyed and further being limited to the terms and conditions contained in Article VII, paragraph 7.1, hereof. "SCHEDULE A " TIG's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS "TG's TIME OF PERFORMANCE "CORPORATION's PERFORMANCE REQUIREMENTS "Acquisition /construction of an administrative office building, fabrication facility, lay -down yard, and materials storage area for the fabrication of pipe products for the petrochemical industry at a "Proof of acquisition /construction of manufacturing facility; Proof of capital investment of at least $6,600,000 prior to December 31,8 2009; Proof of beginning 137-07000-$860,000 payable on or before April 1,-2090 2010-ear-Red-and cd� - 5QsYo raitai i vestm rt •and 50 o Deb efeatioR. F _ and maintaining full -time Page 1 of 8 FirstAmendment - -Turner Business Incentive Agreement -- ia4130 total capital investment of at least $8,500,000, beginning and maintaining full -time production with the equipment, and either the creation and continued staffing of a minimum of fifty (50) full -time employment positions with an average annual salary of $46,885 per position or a cumulative annual payroll at the facility of $2,344,300. production with equipment at Facility on or before December 31, -2008 2009; Proof of either creation and continued staffing of a minimum of 50 full tirrc employment positions each with an average annual salary of $46,886 each or a cumulative annual payroll at the facility of $2,344,300 on or before December 31, 2008 2009 "Continued construction of an administrative office building, fabrication facility, lay -down yard, and material storage area for the fabrication of pipe products for the petrochemical industry at a total capital investment of at least $3,400,000 $2,400,000, maintaining full -time production with equipment; and either the creation and continued staff ng of a minimum of an additional seventii-five-(7-53 fifty (50) full -time employment positions and continued staffing of a minimum of fifty (50) full -time employment positions with an average annual salary of $497004 $51 ,325 per position or a cumulative annual payroll at the facility of $6,125,500 $4,855,100. "Proof of capital investment of at least $374-00700 $2,400,000 prior to December 31,400g 2010, with completion of construction of the facility before December 31, 2000 2010; either creation and continued staffing of a minimum of seventy-five (75) (50) full -time employment positions and continued staffing of a minimum of 50 full -time employment positions each with an average annual salary of $51,325 per position or a cumulative annual payroll at the facility of-W $4,865,100. "$=70004472,000 payable on or before April 1, --2040. 011 credited-5O% investmecit_and_40444e4eb n a_r.d oifh r 4ha nr ' Page 2 of 8 FirstAmendment -- Turner Business Incentive Agreement -74T349 "$3747000-$342,500 payable on or before April 1,-2044 2012.-earned and credited-50% ' n i n i rR _f ran r.f a ri ar1 d i +io_rsa4 Weenty-five-f2-5)441-time amnleyrnnrl+ pnginr«_ anci rrE i n i ran u rn rte e r► e � t t rs d rd twenty-five (1 25) full time i1e.'r $441326-per-pesition-er-a the-facility-of-S-7760879041- "Completion of construction of an administrative office building, fabrication facility, lay -down yard, and materials storage area; along with required equipment and furnishings; with a capital investment of si ,000000, for a total capital investment of at least $1 0,000,000, beginning and maintaining full -time production with the equipment, and the creation of a minimum of an additional fifty (50) full -time employment positions and continued staffing of a minimum of one hundred (100) full -time employment positions with an average, annual salary of $53,379 per position or a cumulative annual payroll at the facility of $7,698,900,. rn i n i m 1 i rr of 1r7 5414 ±i,me cumulative annual payrol at or-before-December 4*i r� 2010. "Proof of completion of construction of manufacturing facility; Proof of capital investment of at least $1,000,000, for a total capital investment of $10,000,000 prior to, December 31, 2011; Proof of maintaining full -time production with equipment at Facility on or before December 31, 2011; Proof of creation of a minimum of an additional fifty (50) full - time employment positions and continued staffing of a minimum of one hundred (100) full -time employment positions each with an average annual salary of $53,379 each or a cumulative annual payroll at the facility of $7,698,900 on or before December 31, irsvec= +rriQR+ a rrr+l w_ +rt ink rrea+i nh • "Maintaining full -time production with equipment; and either the creation and continued staffing of a minimum of an additional twenty-(24)-thirty five (35) full -time employment positions and continued staffing of a minimum of one "Proof of either creation and continued staffing of a minimum of 20-35 full -time employment positions and continued staffing of a minimum of 150 full -time employment positions each with an average annual salary of $53,379 or a Page 3 of 8 FirstAmendment —Turner Business Incentive Agreement —1O59 "$37-05-000-$175,000 payable on or before April 1, -2012 2013.T-earned-and eredited_ggwte_Gapitai � investment a r,rl 4nfll_ +n inh 6FAatIAR; hundred fifty (150) full -time employment positions with an average annual salary of $53,379 per position or a cumulative annual payroll at the facility of Mme7A ,- 30 si O,27OO9O. cumulative annual payroll a the facility of $9707-474-30 $IQ,270,O9Oon or before December 31, 2011. fifteen41-544u11-time sontinued-staffing-of-a minimum seventy-(-1-7-C9441-time $55,514 ition the _ faciUty f $ 4 O►27O OOO 11 ■ na+n i rrWm of 4 fu11 ^1"1 is +! A l f ed s+aiTl r7 rr AT a employment-positions-eaGh salaFy-of-$5.5.754-4-or-a sumulative-annual--payroll-at the-faoitity-of-$1-0727-07040 204 2$3707000-payable-On-OF eacried_and.Gredited_6(4 +n napi ♦aI_ir►►.oa +marl} and 50%-to-job-oreation: "2.2 BY Turner Industries Group, LLC ".1 Investment— Production Facility: TIG agrees that it shall acquire /construct and occupy for five (5) years beginning April 1, 2008, and ending five (5) years thereafter or December 31, 2012 whichever occurs later, a fabrication facility in Corpus Christi, Nueces County, Texas, as set forth in Schedule B below. "Failure by TIG to timely and fully comply and to continue to comply with any performance requirement of this agreement shall be an act of default. Page 4 of 8 FirstA mendment -Turner Business incentive Agreement "TIC's PERFORMANCE REQUIREMENTS "SCHEDULE B "TIG's TIME OF PERFORMANCE "Acquisition and start of construction of a fabrication facility to include an administrative office building, fabrication facility, lay -down yard, and material storage areas; along with required equipment and furnishings; with capital investment of at least $0,000,000; occupy and full -time operations at production facility. "Continued construction of a fabrication facility to include an administrative office, building, fabrication facility, lay-down yard, and material storage areas; along with required equipment and furnishings; with capital investment of at least $2,400,000, for a total capital investment of at least $0,000000; occupy and full -time operations at production facility. "Completion of construction of a fabrication facility to include an administrative office building, fabrication facility, lay -down yard, and material storage areas; along with required equipment and furnishings; with capital investment of at least4a4007000 si ,000 ,000, for a total capital investment of at least $1 0,000,000; occupy and full - time operations at production facility. "December 31, 2008 December 31, 2009. "December 31, 2010 "Denombe 1 December 31, 2011 ".2 Employment: "TIC agrees that it shall create, staff and maintain full -time employment positions for its fabrication facility, administrative office and lay -down yard, in Corpus Christi, Nueces County, Texas, as set forth in Schedule C. Page 5 of 8 FirstAmendment -- Turner Business Incentive Agreement --10W0-9 9 "The jobs shall be primarily engaged in serving a customer base outside a 50- mile radius of the city of Corpus Christi. "Failure by TIG to timely and fully comply and to continue to comply with any performance requirement of this agreement shall be an act of default. "SCHEDULE C "TIG's PERFORMANCE "TIG's TIME OF PERFORMANCE REQUIREMENTS "Fifty ((50) full -time employment positions , December 31.2009 at T1G's production facility, average annual salary for each position $45,880 or a cumulative annual payroll of $2,344,300. f "T...eR+.. f;..e r25) _addit1 ^"al Fifty (50) additional full -time employment positions and continued staffing of a minimum of fifty (50) full -time employment positions at TIG's production facility, average annual salary for each position $51 326 or a cumulative annual payroll of , , $4,865,100. "Twenty -Fifty (50) additional full -time employment positions and continued staffing of a minimum of one hundred (100) full -time employment positions at TIG's p roduction facility, average annual salary for each position $53,379 or a cumulative annual payroll of , 3 $7,698,900. 11 "December 31, 2010 "December 31, 20 1 1 P a of 8 5 — .•- __ A 4 nAr,nne " 'ft°°" (1 51 Thirty five (35) additional full - time employment positions and continued staffing of a minimum of one hundred fifty (150) full -time employment positions at TIG's production facility, average annual salary for each position $55,514 or a cumulative annual payroll of $1 0,270,090. "December 31, 2012" B. This amendment to the Agreement takes effect on the latest date that either party executes this amendment G. This amendment does not effect the term of the Agreement. D. An y provision of the Agreement that is not expressly amended by this amendment remains unchanged and in full force and effect. E. This amendment Agreement may nt to the A reement be executed in any number of counterparts, Y each of which shall be deemed an original and constitute one and the same instrument. EXECUTED on the date shown opposite the signature of each party. Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest By: Armando Chapa Assistant Secretary Turner Industries Group, LLC. By: Name: John M. Golashesky Pa e7of 8 FirstAmendment —Turner 6 9 er Business Incentive g Title: Senior Vice - President and Regional Manager Date: Federal Tax ID No.: 72 -151 3047 The State of Texas § County of Nueces § Before me, (Notary's name), on this day personally appeared Golashesky, a eared John M. Golashesk , Senior Vice- President and Regional Manager of Turner Industries Group, LLC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity stated as the act of Turner Industries Group, LLC., a limited liability company authorized to do business in Texas, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the day of , 2009. Notary Public, State of Texas Page 8 of 8 21 AGENDA MEMORANDUM PUBLIC HEARING -- ZONING (City Council Action Date: October 13, 2009) Case No. 0809 -05, Double T &C Properties, Inc: A change of zoning from an "AB" Professional Office District to a "B -4" General Business District resulting in a change of land use from vacant parking lotto commercial retail on property described as 1.463 acres out of 5.294 acres of Lot 3, King Square Addition, generally located on the northwest side of McArdle Road, approximately 1, 040 feet from Staples Street. Planning Commission's and Staffs Recommendation (August 19, 2009): Approval of the "B -4" General Business District Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The owner is requesting a change in zoning from the "AB" (Professional Office) District to the "B -4" (General Business) District for the creation of two out lots for commercial retail /resale and development on two proposed future Tots. The subject property once served as the parking lot associated with the vacant commercial building to the north situated along South Staples Street that was originally a movie theatre and is now closed. Existing Land Uses: The property is currently being used as a paved parking lot. Existing Zoning: The subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses and also includes single - family, duplex, multiple-family uses (maximum 3 6.3 0 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. The district requires a front yard setback of twenty (20) feet and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet or three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the "B -4" General Business Zoning District. The purpose of the "B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off-site advertising uses are among the uses which are not allowed in the "B -4" District. The "B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless the property is located adjacent to a residential district, in which case a 10 -foot side and rear yard setback is required. Transportation and Circulation: The subject property has access to McArdle Road, a five-lane, Al, Minor Arterial right -of -way. The Minor Arterial provides for citywide and inter - neighborhood traffic mobility but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial * +� Traffic Count: Street McArdle Road Urban Transportation Plan Minor Arterial Existing ROW and Paved Section Traffic Volume 2005 95 ft. ROW, 64 ft, paved 15,532 in 2005 H :IPLN- DIRISHAREDII. Planning Commission12409 CClSept'091W809 -05 Double T &C Properties,1nc108O9 -D; AGENDAMEMO Revision.doc -261- Agenda Memo Page 2 of 3 Infrastructure Demand: Applicant: Double T &C Properties, Inc Case No. 0809 -05 + ++ Water: There is a 6 -8 -inch water main along McArdie Road, and a 4 and 6 -inch line along the west side of the property line. + :+ Wastewater: There is a 10 -inch wastewater line along McArdle Road, and an 8 -inch line along the west side of the property line. t +* Stormwater: There is a stormwater line that runs parallel with McArdle Road. } Public Safety: •:+ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C20. Crime statistics show a total of 1,892 crimes committed in 1993, with an increase to 1,910 crimes committed in 2005. The last year for which statistics are available is 2005. + ++ Fire: The closest Fire Station is Station # 11, located at 910 Airline Road, approximately 6,590 feet from the subject property Environmental Constraints: + ++ FEMA Flood Zone X: Areas that are outside the 1- percent annual chance floodplain. Comprehensive Plan Consistency: + CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested "B -4" General Business District is consistent with the Southeast Area Development Plan which supports Commercial uses for this area Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Man y of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: With the exception of the property to the west of the subject property, the subject property is entirely surroundq1A, being used as, and planned for, commercial use ne vhnwn by the Rdnntfd Future Lan We-Map. Agenda Memo Page of Applicant: Double T&C Properties, Inc Case No. 0809 -05 + SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: PLAN STATEMENT B.1 The City Council, hereby, adopts the Future Land Use Plan (Figure 3 and Table 1) and the accompanying text as a guide for future land use decisions. The Plan provides guidance for future land use decisions including rezoning, platting, fiscal management, and capital improvement planning. supports . The Plan su orts environmentally sound development and the efficient provision of public services and facilities. Staff Comment: The requested "B -4" General Business District is consistent with the Future Land Use Plan and the Southeast Area Development Plan which supports and has planned for Commercial uses for this area. Relationship to Smart Growth Principles: The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 59 points. Plat Status: The property roperty was previously platted as one lot and will require replatting in creating 2 lots. Notification: Of the eleven (11) notices mailed to the surrounding property owners one (1) notice was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule � requires a three-quarters favorable vote of the City Council for a change of zoning to be approved, g rather than a majority. le ' ority. Unless such proposed change is approved by the Planning F Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGMJej Attachments: 1. Zoning Report 2, Planning Commission Minutes 3. Ordinance (and site plan if appropriate) ‘/11'0,-k Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnypcctexas.com Phone: 361-826-3828 Senior Planner -263- - H.1PLN- DIR \SHARED11 . Planning Commission\2009 CC\Sept '09\0809 -05 Double T &C Properties, inc10809 -05 AGENDAMEMO2.doc CITY COUNCIL 20NING REPORT Case No.: 0809 -05 Planning Commission Hearin Date: October 13, 2009 Applicant: Double T & C Properties, Inc. o Owner: Same Representative: Murray (Murf) Hudson, Urban Engineering. co to .E Address: 4701 South Staples Street, Corpus Christi, TX 04 Legal Description/Location: tion/Location: 1.463 acres out of 5.294 acres of the King Square a{ g p it4 al Addition, Tract II Lot 3, generally located on the northwest side of McArdle Road, as •rox.imatel 1,040 feet northwest of Sta les Street. a .1 *1-7; ghi.7 3 From: "AB" (Professional Office) District To : "B -4" (General Business) District Area: 1.463 acres out of 5.294 total acres Purpose of Request: For the creation of two out lots for commercial retail/resale and p q development on two 02posed future lots. Zoning Existing Land Use Future Land Use Commercial Site North "AB" (Professional Office) District Commercial "B -4" (General Business) District East "B -4" (General Business) District "B -4" (General Business) District Commercial Commercial Commercial Commercial Commercial Commercial South West "B -4 " ( General Business) District Public /Semi- Public Commercial Area Development Plan: This lot is located in the Southeast Area Development Plan and is p lanned for commercial uses. The proposed change in zoning to a "B -4" General Business District is consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 043036 Zoning Violations: None Staffs Summary: Request: The owner is requesting a change in zoning from the "AB" (Professional Office) s t: q g the "B -4" (General Business)1 District for the creation of two out lots for commercial D15trict th Business) retail/resale and development on two proposed future lots. The subject property once served as r p p f . the parking lot associated with the vacant commercial building to the north situated along South Stap les Street that was originally a movie theatre and is now closed. Existing Land Uses: The property is currently being used as a paved parking lot. g P ' Zoning: The subject roe is zoned as an "AB" Professional Office District. This Existing zo g J property � district permits business and professional office uses and also includes single - family, duplex, p p multiple-family uses maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, y p . including storefront displays are not permitted. No machinery or equipment other than what is g p —264— Zoning Report Page 2 of 4 p customarily a found in professional or business office shall be used or stored in the building or �. y yard setback of twenty (20) feet and a side and a q The district requires front on the property lot. rear yard s et b ack of ten (10) feet. The maximum height in the "AB" District is 45 feet or three Applicant: Double T & C Properties, Inc. Case #: 0809 -05 (3) stories. Proposed honing applicant requesting : The a licant is re uestin a change in zoning to the "B -4" General Business Zoning District. The purpose u ose of the "B-4" General Business District is to provide sufficient space in appropriate loca tions for commercial and miscellaneous service activities. Residential e i is a maximum of 36 units per acre. Warehousing, manufacturing, heavy in repair, dusty the "B-4" e and off -site advertising uses are among the uses which are not allowed in th open storage g • " " District requires a 20 -foot front and setback and no side or rear yard District. The B -4 Distri q y is ,� setbacks unless the property i adjacent to a residential district, in which case a 10 -foot side and rear yard setback is required. and Circulation: The subject property has access to McArdle Road, a five -lane, Transportation an a p right-of-way. The Minor Arterial provides for citywide and inter- neighborhood Minor Arterial mobility but functions at a lower level then the Secondary Arterial. The neighborhood traffic mo y primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial •: Traffic Count: Street McArdle Road Trans Urban ortation Plan Minor Arterial Existing ROW and Paved Section 95 ft. ROW, 64ft. paved Traffic Volume 2005 15,532 in 2005 Infrastructure Demand: • :� a 6 -8 -inch water main along McArdle Road, and a 4 and 6 -inch line t 'Dater. There is along the west side of the property line. ♦,* wastewater. There is a 10-inch wastewater line along McArdle Road, and an 8 -inch line along the west side of the property line. • Storrnwater : There is a stormwater line that runs parallel with McArdle Road. Public Safety: • • the Corpus Christi Police Department and is in Police: The subject property is served by rp Directed Patrol District C20. Crime statistics show a total of 1,892 crimes the Di committed 1993, fitted in 1993 with an increase to 1,910 crimes committed in 2005. The last ear for which statistics are available is 2005. y � 1 Fire: The closest Fire Station is Station # 1 , located at 910 Airline Road, approximately 6,590 feet from the subject property •:+ Environmental Constraints: • :• FEMA Flood Zone X: Areas that are outside the 1- percent annual chance floodplain. —265— Zoning Report Page 3 of 4 Comprehensive Plan Consistency: *;♦ CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: Applicant: Double T & C Properties, Inc, Case #: 0809 -05 ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal- foundation upon 'which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested "B-4" General Business liistrict is consistent with the southeast Area Development Plan which supports Commercial uses for this area. Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible y with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: With the exception of the property to the west of the subject property, the subject property is entirely surrounded by, being used as, and planned for, commercial use as shown by the adopted Future Land Use Map. + SOUTHEAST AREA DEVELOPMENT PLAN ADP POLICY STATEMENTS: PLAN STATEMENT B.I The City Council, hereby, adopts the Future Land Use Plan (Figure 3 and Table 1) and the accompanying text as a guide for future land use decisions. The Plan provides guidance for future land use decisions including rezoning, platting, fiscal management, and capital improvement planning. The Plan supports environmentally sound development and the efficient provision of public services and facilities. —266— Zoning Report Page 4 of 4 Applicant: Double T & C Properties, Inc, Case #: 0809 -05 Staff Comment: The re uested "B-4" General Business District is consistent with � the Future Land Use Plan and the Southeast Area Development Plan which supports and has planned for Commercial uses for this area. h Principles: Th Relationship to Smart Gruwt The project ect was rated against Smart Growth P p Principles . and received 3 stars out of a possible 5 stars, with a total of 59 points. • was previously platted as one lot and will require replatting in Plat Status: The subject property p y p creating 2 lots. pp Staff Recommendation: Staff recommends approval of the Applicant's rezoning request for the "B -4" General Business District. Planning Commission Recommendation: Pending. Number of Notices Mailed Total 11 within 200 ft. notification area;1 outside notification area notification area); 0 (outside notification area) Favor 0 (inside Opposition % -0 (inside notification area); 0 (outside notification area) Attachments: 1. Site 2007 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Exhibit A 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. 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',C•nr::•Z ,1: 2-g.:•1.? 41.1.r, .!.0.-.1....t...1x.r:v.A0 r.A.1 1 •.•::6; 5 0•11:141 •01 Ir.:r1.9 1 9....,S-r.N.3=V?:;.11.1:-...• •-.194.;.:370,1:1P•reep: %KS ...... , r .....V. •%:-5:-'9-} : I: :r:;:••.....172, Lir.R.C-.{ :I. . .9.a.:1 • k..!'... ''''7_ T 1.: il.. . .0 % . + COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -05 Name: DOUBLE T &C, INC. I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 11 0 Favor: 1 Opposition: 0 TI. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed, 1 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 Iv. Unsolicited responses received concerning subject area: Favor: o o Opposition: H:IPLN- DIR\SI-IAREDI1. Planning Commission12009 PC12009 Public Comments148O9- O3.doc —280— SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. Zoning Case:_ - #0809 -05 Double T & C Properties, Inc. From: "AB" To "B -4" Answer Pts. Will the request promote development that fosters the following? I. Mix land uses. ATTACHMENT # 8 Project provides a new type of development to an existing neighborhood such as employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retaiUservice? Weight 3 uses added 2 uses added 1 use added 2 x3 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 0 x2 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 2 + uses 2 Score S 2. Takes advanta e of com act buildin design. Utilizes reduced setbacks and/or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? Manages and effectively provides a transition between higher and lower- density neighborhoods? 3. Creates a range of housing opportunities and choices. Implements a range of housing options with a variety of types and unit sizes within the communi ? condos, townhomes, sin :le - family, apartments) Yes No 0 x3 Yes No x2 2 0 Yes No 1 x3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low-income homeowners and individuals to reduce building costs and uses available resources more effectively? The J ro'ect•promotes development (residential, commercial, office) with a wide p range in pricing available for varying income levels for sale or lease? 4. Creates walkable neighborhoods. Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance commutes? Will incorporate sidewalks or a bike or pedestrian path into the final � development or connects to existing sidewalks, Promotes development so children are close enough to walk to school? Yes No 1 0 Yes No x3 3 Yes No Yes No Yes No 0 0 x3 1 x2 5. Fosters distinctive, attractive communities with a strong sense of place. The building is an existing building that is historic in any way, or provides g focus on a historical, cultural, or natural attributes? Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Promotes shopping in and makes retail centers distinctive and attractive destinations and g athering_places where residents frequent on the weekends? Revitalizes the waterfront, beach, or bay areas? Does the project remove blight from its neighborhood? Yes No Yes No 0 Yes 1 No 0 Yes 1 No 0 Yes 1 No 0 0 1 x2 x2 x3 x3 x3 0 MLNUTE S REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 19, 2009 5 :30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode- Macon, Assistant Director of Development Services /Planning Miguel S. Saldafia, AICP, Senior Planner Lisa Wargo, Senior Planner Robert Payne, AICP, Senior Planner Jay. Reining, First Assistant City Attorney Deborah Brown, City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. Ii. APPROVAL OF MINUTES A motion to approve the regular Planning Commission meeting minutes from August 5, 2009, was made by Vice-Chair Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner_ Nadkarni being absent. M. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING i Case o..0.809 -05 Double T&C, Inc. — A change of zoning from "AB" Professional Office District to "B-4" General Business District resulting in a change of land use from vacant parking lot to commercial retail use 4.163 acres out of Lot 3, King Square Addition generally located on the northwest side of McArdle Road, approximately 1,040 feet from Staples Street. Ms. Wargo presented the above case stating the applicant is Double T &C, Inc., represented by Mr. Murray Hudson of Urban Engineering. The applicant is requesting to rezone 1.463 acres out of 5.35 total _acres, for the property known as the King Square Addition, Lot 3 from "AB" Professional Office District to "11-4" General Business District for the creation of two out lots for commercial retailiresale and development on two proposed future lots. Ms. Wargo stated the subject property is generally located on -282- Planning Commission Minutes August 19, 2009 Page 2 the north west side of McArdle Road, approximately 1 ,040 feet northwest of Staples Street. property eet. The subject erty once served as the parking lot associated with the vacant P commercial building to the north, along South Staples Street that was originally a movie theatre that is now closed. o stated the zoning map shows the current n "AB" Professional Office Ms. Wargo g , p "B-4"General eneral Business District designation and the surrounding zoning districts are B -4 . g e north, east, south, and west. Ms. Wargo stated the existing land use map District to th � shows commercial use onsite, and also to the north, east, and south . Ms. War g o stated to f the roe is being used as Public /Semi- Public use as an RTA Bus the land west o property � g Station. stated the "AB" District provides for office development, and. permits Ms. Wargo sta p iness and professional offices, in addition to clinics, and uses such as residential, business, � ~ child care centers. This district does not allow retail sales or display of merchandise. c ude a twenty foot front yard setback and a ten (10) foot Setback requirements xn 1 tY side & rear y and setback. Maximum height permitted is forty -five (45) feet, or 3 stories. Wargo stated the " {B•-4" General Business District provides for all Ms. '�N g .. This district permits uses such types of commercial and miscellaneous service activities. This distri p iI dwellings, s boat and auto sales, hotels, and taverns. There is a as multiple-family g s minimum front yard setback of twenty (20) feet and zero side and rear yard setback, unless there is residential tial ad' which would require a minimum of a ten (10) foot Y side and rear yard setback. The "B -4" District does not have a maximum height structures. The Future Land Use map indicates that the subject property requirement for s is planned for Commercial use, as well as all the surroundingproperties. Staff , . "B-4" District. Twelve notices were sent out, 11 inside the recommends approval of the ion area and one outside. Zero were received in favor and zero were received in notification stated the roe was previously platted as one lot and will opposition. Ms. Wargo s property rtY require replatting in the creation of 2 lots. In response to Chairman Garza, Mrs. Goode -Macon stated any issues with . Building Plan Review and if parking is insufficient the applicant parking will go through g into a shared parking submit an appeal to the Zoning Board of Adjustment of enter i p Carl 5 pp agreement. .•••••■•••■ oode -Macon stated the previous issues In response to Chairman Garza, Mrs. G . P • were not due to insufficient parking for the property but due with parking at this property t o the popularity of the business previously run at the property location. In response to Commissioner Skrobarczyk, Deborah Brown, Legal Department, stated the only way statutory rights hts may supersede in the redevelopment of the g neighboring public use to another use is in the event of an Emergency Declaration being declared. Pubic hearing was opened. ed. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by �' Nadkarni i been ioner Kelly. Motion passed unanimously with Commissioner being Coinmiss Y absent. -283- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DOUBLE T & C PROPERTIES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.463 ACRES OUT OF 5.294 ACRES, OF LOT 3, KING SQUARE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Double T & C, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, ublic hearings were held on Wednesday, 9 y, August 19, 2009, during a meeting of the Planning Commission, and on Tuesday, October 13, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.403 acres out of 5.294 acres, of Lot 3, King Square Addition, generally located on the northwest side of McArdle Road, approximately 1,040 feet from Staples Street, from "AB" Professional Office District District to "B-4" General Business District. (Zoning Map No. 043036) (Exhibit A - Recommendation Map; Exhibit B - Metes and Bounds; Exhibit C - Map accompanying Metes and Bounds) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H :1 LEG- DIRIShared \LEGAL- DEV.SVCS12009 Agendal10- 131GRD. zoning 0809 -05 Double T &C Properties, Inc.B -4 King Square.doc — 2 8 4— Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repeated. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of October, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: October 5, 2009. ? _ �. . ' . -7f - f ,�'' di 1 r s'v �y,�6r" 1�- ! ritr"e r�� - �: ‘k"--;.. eborah Walther Broviin -3 Assistant City Attorney For City Attorney H:1LEG- DIR1Shared \LEGAL- DEV.SVCS12049 Agendal1 O- 131ORD.- zoning 0809 -05 Double TIC Properties, Inc.B -4 King Square.doc — 2 8 5 — Page 3 of 3 Corpus Christi, Texas day of 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS1 009 Agenda\10- 131ORD.- zoning 0809 -05 Double T&C Properties, lnc.B -4 King Square.doc — 2 8 6 — CK P-ev.leci0 1.0* 0.6.14,unfol.f CO, GY.to mover -4-vie 43-A CASE # 0809-05 APPLICANT'S REQUEST, PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: AB To: B4 ORDINANCE: -287- State of Texas County of Nueces ENGINEERING 1.463 Acres July 28, 2009 1 Job No. 04945.A9.02 Field Notes for the rezoning of a 1.463 acre tract of land out of Lot 3, King Square Addition, a map which is recorded in Volume 33, Page 60, Map Records of Nueces County, Texas, said 1.463 acre tract being more fully described by metes and bounds as follows; Beginning at a point on the north boundary of McArdle Road, a 60 foot wide public roadway, for the southwest corner of Lot 20, Park Plaza Annex, a map of which is recorded in Volume 56, Page 21, Map Records of Nueces County, Texas, same being the southeast corner of said Lot 3, King Square Addition and of this tract; Thence, North 61 °02'31" West, along the north boundary of said McArdle Road, a distance of 300.00 feet for the southeast corner of Lot 7A, King Square Addition, a map of which is recorded in Volume 45, Pages 31 -32, Map Records of Nueces County, Texas, same being the southwest corner of said Lot 3 and of this tract; Thence, North 28 °57'29" East, along the common boundary of said Lot 3 and said Lot 7A, a distance of 6.50 feet pass a found 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx ", in all a total distance of 300.28 feet for the east corner of said Lot 7A, for a corner of said Lot 3 and for the northwest corner of this tract; Thence, South 30'41'10" East, a distance of 347.75 feet to a point on the west boundary of the aforementioned Lot 20, for the east corner of this tract; Thence, South 28 °59'28" West, along the common boundary of said Lot 20 and said Lot 3, a distance of 118.04 feet pass a found 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx ", in all a total distance of 124.54 feet to the Point of Beginning and containing 1.463 Acres (63,733.83 square feet) of land. Bearings are based on the recorded plat of Lots 2AR, 7A and 8A, King Square Addition, a map of which is recorded in Volume 45, Pages 31 -32, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal, and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. 46; vA.Isireizze.; Cat 42 •M�rt+Rsaaaa� �rraf��N 04,411, .1 .. L.. • DAN LEE URBAN 1.41.4.0 e 4 WM. OMW.Hi Ski ••...a. 4710 e a Dan L. Urban, R.P.L.S. License No. 4710 S:1 Surveying104945 \A9021FN04945A902.doc (361)854 -3101 2725 SWANTNER DR. e CORPUS CHRISTI . TFXAS 78404 www.urbaneng.com -288- Page 1 of 1 FAX (361)854 -6001 C 0 m a Hamlin c -c a O 0 ape 0 'rep -1* Ireqtar 44/ 14 • e 4 of 43i #0. (e 0® 0 0 2 Po Gross .er�dia on ono Staples Street 4fr. *°r 0 v~ 52); E �c te) g ,10 — 00 q5 . =. — crap *o Y • 0 „, ›c• �I in N 1�! 1 N 2 Fd. 5/8” I.R. with red elastic cap stamped Urban Engr C.C. Tx" 0 3 QTkdo\e L4 ; 0 c ss ion a •r 3 0o Beal 1u 9, e0 cfai a Of of oNs.0 6.50' Rezoned: 9 -4 1.463 Acres 83733,83& 25'Y.R. N61'02 1 e 4�0 ob rfJfrff r�J . t- v as 0 300.00 -53 McArdle Road 150 100 50 0 100 200 Graphic Scale r=100' Map to Accompany FIELDNOTES for the rezoning of' a 1 .463 acre tract of land out of Lot 3, King Square Addition, a mop of which is recorded in Volume 33, Page 60, Mop Records of Nueces County, Texas. ay. • bV 01 Fd. 5/8 1.R, with red elastic cap stamped .._Urban Engr C.C. Tx" 0 Mop 0 • 0. c c 0 < ;I. 0 oa.g 0 .45 >1_..�_ °Point of Beginning" u A e A ni' DA7E July 28, 2009 ENGINEERING CORPUS CHRISTI, TEXAS / fim Na !IS 725 31�rbir SR, Caput nbti 1X 74101 J prAp1E` (,�6� a54-J101 �df{ -Q00! SCALE: 1' -100 JOB NO.: 0494.5.A9.02 SHEET: 1 of 1 DRAWN BY: XG 02009 by Urban Engineering -289- Exhibit C 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: October 13, 2009 Public hearing to consider and Ordinance exempting London School Tracts, Lot 3 subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. ISSUE: The City Council, with the recommendation of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City water or wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (September 16, 2009): Approval of the request for wastewater acreage fee exemption for London School Tracts, Lot 3, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap fees. REQUIRED COUNCIL ACTION: Approval and passage of an ordinance exempting London School Tracts, Lot 3 from payment of wastewater acreage fees and requiring the owner /developer to comply with the specified conditions. (iatt Juan Perales, Jr., P.E. Interim Assistant City Manager Department of Development Services Attachments: Exhibit A — Background Information Exhibit B — Planning- Commission Minutes Exhibit C — Ordinance Exhibit D — Letter from Developer Exhibit E — Location Map Exhibit F — Sanitary Sewer Connection Agreement H:1PLN- DIRISPECIAL SERVICESIPLATSIEXEMPTIONILONDON SCHOOL TRACTSILONDON SCHOOL TRACTS.LOT 3.COUNC1L AGENDA MEMO.DOC -293- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V. B.6.1), the developer, London School Independent School District , is requesting exemption from wastewater acreage fees for a tract of land known as London School Tracts, Lot 3. The property is located outside the City of Corpus Christi's city limits, north of Farm to Market Road 43 (Weber Road), between County Road 33 and Farm to Market Road 763 (south of Oso Creek) and west of State Highway 286. • The proposed Lot 3 will be used for the expansion of the London School campus and is located outside the City of Corpus Christi city limits and outside the 1983 Master Sanitary Sewer Plan study area. The 1983 Master Sanitary Sewer Plan does not extend south across the Oso Creek. London School Tracts, Lot 3 will have city public water service. The nearest wastewater line is located at the intersection of Saratoga Boulevard (SH 357) and Crosstown Expressway (SH 286), approximately 1.5 miles northeast of the subdivision. There is currently no approved Master Wastewater Plan for this area. The subject property is located west of State Highway 286 (Chapman Ranch Road). The City's priority is to provide wastewater services to those properties east of State Highway 286 within the city limits. It is Staffs determination that wastewater services will not be available to the area within the 15 -year timeframe. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement would be executed that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay the applicable wastewater acreage, pro -rata and tap fees at that time. For reference, the amount of the Wastewater Acreage fees are $1 0,432.89, based on the current rate of $1,443.00 per acre. Planning Commission Recommendation 109/16/09): Approval to exempt London School Tracts, Lot 3 from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro -rata and tap fees. EXHIBIT A HAPLN- DIRISPECIAL SERVICESIPLA TSIEXEMPTIONILONDON SCHOOL TRACTSILONDON SCHOOL TRACTS.LOT 3.COUNCIL AGENDA MEMO BACKGRD.DOC -294- EXCERPT OF MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, September 16, 2009 111. PUBLIC HEARING AGENDA ITEMS A. PLATS 4. Wastewater Acreage Fee Exemption Mr. Saldana presented the wastewater acreage fee exemption item "a" (shown below) stating Bass & Welsh are requesting an exemption. Mr. Saldana stated Lots 1 and 2 have been exempt, have no wastewater service to the area and no future service is planned. a. 0709038 -NP033 (09- 21000017) London School Tracts, Lot 3 (Final - 7.225 Acres) Located north of Farm to Market Road 43 between Farm to Market Road 763 and County Road 33. In response to Chairman Garza, Mr. Saldana stated the applicant is required to plat the property because they will be connecting to City water services. In response to Commissioner Skrobarczyk, Mr. Saida na stated the property is within the extraterritorial jurisdiction and have met city requirements to receive water services. Mr. Saldana stated the City may revoke the exemption in the future if necessary. In response to Commissioner Skrobarczyk, Mr. Juan Perales, Development Services, stated the difference between this property and Kitty. Hawk was the connection agreement. In response to Commissioner Skrobarczyk, Mr. Saldana stated if wastewater becomes available, the property owner will connect wastewater. In response to Commissioner Skrobarczyk, Deborah Brown, Legal Department stated the contract payment must be made within twelve (12) months of connection. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. A motion to approve was made by Commissioner Martinez and seconded by Commissioner Taylor with Vice - (Chair Huerta being absent and Commissioner Nadkarni not being present. EXHIBIT B -295- ORDINANCE EXEMPTING LONDON SCHOOL TRACTS, LOT 3 SUBDIVISION FROM THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES UNDER SECTION V. B. 6. 1) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY, WHEREAS, London School Tracts, Lot 3 ( "Subdivision ") is located North of Farm to Market Road 43 (Weber Road), between County Road 33 and Farm to Market Road 763 (south of Oso Creek) and west of State Highway 286, approximately one -half mile outside of the city limits of the City of Corpus Christi and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V. B. 6. 1) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the London School Tracts, Lot 3 ( "Subdivision ") is located North of Farm to Market Road 43 (Weber Road), between County Road 33 and Farm to Market Road 763 (south of Oso Creek) and west of State Highway 286, approximately one -half mile outside of the city limits of the City of Corpus Christi, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section V. B. 6. 1) of the Platting Ordinance of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section V. B. 6. 1) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of completed Agreement attached as Exhibit "A "). b. That the Sanitary Sewer Connection Agreement require payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. EXIT LT C c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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 13th day of October, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 13, 2009. R. Jay Reining First Assistant City Attorney For City Attorney Joe Adame Mayor EXI-T C 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 R. Elizondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EXHIBIT C H:1PLN- D1RISPECIAL SERVICES\PLATSIEXEMPTION1LONDON SCHOOL TRA2TaB PON SCHOOL TRACTS.LOT 3.ORDINANCE.DOC EME.UAItA4r t .Ass. IR., P. ., R.P.LS. N {xoN Wr?Lsii, tx,E.„ 11.P.L.S. wwwJJa yS -1t Ct *li.cant c- iia[I: 111'- itil4f aG(.ctvuI[ BASS & WELS ENGINEERING P.CL Box 639 Carpus Christi, T \` 73466-6397 July 24, 2009 Mr. Juan E. Perales. P.E . Acting Director, Department of Development Services -c /a Miguel Saldana, Platting Coordinator Department of Development Services RE: Lot 3, London School Tract, Request for Waiver Dear Mr. Perales: 3054 S. ALAME DA, ZIP= 7 f4a4 361 38?- 552i - FAX 361. g32-1265 e- trail: irrurrayjr( 3 I.can On behalf of the owner, London Independent School District, we would like to request a waiver of arty wastewater acreage fees that might be assessed against the proposed above referenced tract on the basis that wastewater service will not be able to this site in the foreseeable future. Please call us if you have any questions or require any additional information. M€ J:sam Cc: Mr. Charles McMath, Superintendent London Independent School District 1306 FM 43 Corpus Chrisli. Texas 78415 09021- JPeralesLTR.doc Yours very truly, CL-7/2/7/ IVtur . Bass, Jr I.E.. P.P.L. EXHIBIT D H:IPLN- DIRISPECIAL SERVICESIPLATSIEXEMPTIOMLONDON SCHOOL TRRCYS N SCHOOL TRACTS.LOT 3.EXEMPTION REQUEST.DOC CR20A _ Creation Date: 12/27/2007 Printing Date: 12127/2007 Fde: H:1PtN- DIRLSHARED\GIS ProjectssCasesl 2007 PlattinggNew Folderlplat case ocl.mxd Prepared By: MitceN Source: City of Corpus Christi Department of Development Services SUBJECT PROPERTY LOCATION EXHIBIT E H:1PLN- DIR\SPECIAL SERVICES\ PLATS \EXEMPTIONILONDON 9E80OT-RACTSILONDON SCHOOL TRACTS.LOT 1.LOCATION MAP.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.C. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and London Independent School District, 1306 FM 43, Corpus Christi, Texas 78415, hereinafter called "Developer/Owner ". WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for London School Tracts, Lot 3, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer/Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; b.. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c.. To pay applicable pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of London School Tracts, Lot 3, attached as Exhibit 1; further subdivision of the Development voids this agreement; and Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 2 of 4 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record plat and not require wastewater line construction. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRIST!, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMN!TEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHA TS OEVER ASSERTED A GAINS T OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMA TEL Y OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE London School Tracts, Lot 3, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. —302— Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 3 of 4 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this (g''day of , id d o k,, 2009• g DEVELOPER /OWNER: London Independent School District 1306 FM 43 Corpus Christi, TX 78415 Vicki George Chief Financial Officer STATE OF TEXAS COUNTY OF NU ECES § . 4 � b This instrument was acknowledged before me on .� , 2009, by Vicki George, Chief Financial Officer, London Independent School District 4F;Sh A NNABEL ILDELIZA DAV1S a';' Notary Public, State of Texas My Commission Expires +ti; sly �� ►�` January 30, 2013 APPROVED: October , 2009 By: teat, Juan Perale , Jr., P.E., Development Services Engineer APPROVED: Octobere",-i009 By: eborah W. Br Assistant City Attorney For City Attorney art, Notary Public, Sta e of Texas COMMENTS AND SETTINGSIVGEORGEIMY DOCUMENTSIESC CHILDRENS LEARNING CENTER MUSELJMI ONDONSCHOC .TRACTS. OT3.SANITARYSEWERCONNECT1 F IENT.CCC Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 4 of 4 P2 gg, c) ie gig p drg 2F-v .galg z on ° 1384 Z2DAR j I!; 00 ti n yyd�•,y '_J �L7Q L4 Hr �] C: n Noa ,ste*Zr: 3 -Z£,ti9.OS mi. 4liog . Lotfip 9421NJ iftab r NiNIE a AgiOn ONIE ti 1 il IMP% a, 4 1401.0.0N 1 ghl � r AIMIC Z iR kl w z Et 1 fl licla ;F s 11 144E4 81 Xfxl Wli > t gi si x dh612 g! ;gitzi f0 N i 11] Hi �a hi 4 wE VI I 01111217: 1i W I !t g 4! G z e x I 0?" li go ppm 5 ail. g pa imE a 134t90§ i Y a ;lei egge:1 114114 Ly i! 4; i go Ifill' 111f8 1 V T rl 11 nt-whi E16011 ii li lei 1 12.1P Id' liggN -ff 4. E tl 1 -+° . e+Ftgla3lih rime 4; 6. •; LS r: 6 rT,36.iG1d r ito60 vli mime) rri 6o- -6o -Lo airCuOld J SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1 —304— 23 Requested Council Action: 10/13/09 Alternate Date: 10/20/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving service agreements with the following companies for the following amounts for temporary staffing services in accordance with Request for Proposal Number BI- 0076 -09 for an estimated two -year expenditure of $5,933,327.76 of which $2,224,997.89 is required for the remainder of FY 09/10. The term of the service agreements will be for two years with an option to extend for up to two additional twelve -month periods subject to the approval of the suppliers and the City Manager or his designee. This service will be used by City all Ci departments. Funds are available in the using departments' operational budgets in FY 09/10 and will be requested for FY 10111. Unique Employment Professionals Corpus Christi, TX $5,195,046.77 L.K. Jordan & Associates Corpus Christi, TX $523,255.32 Express Employment Professionals Corpus Christi, TX $137,292.38 Advanced Temporaries, Inc. Tyler, TX $42,1 76.74 Manpower Professional Services, Inc. Milwaukee, WI $35,556.55 Grand Total: $5,933,327.76 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: Temporary staffing services are essential to the daily operations of City Government. Temporary staffers provide manpower necessary to properly serve the citizens of Corpus Christi. In 2006, the City established three centralized service agreements for the procurement of temporary staffing services. The term of those agreements were one year with the option to extend for up to two additional one -year periods. All extensions have been exhausted. Purpose: As the result of additional centralization efforts related to the current request for proposal (BI- 0076 -09), the City has identified a total of one hundred and fourteen temporary positions that will be placed under contract. These one hundred and fourteen temporary position titles have been classified into the following fifteen labor groups: Accounting, Auditing, and Finance; Administrative Support; Custodial; Engineering & Design; Information Technology; Inspectors & Investigators; Library & Records; Maintenance; Medical & Health; Planning, Research, & Statistics; Program Management; Property Management & Purchasing; Public Safety; Safety; and Social Services. —307— Requested Council Action: 10/13/09 Alternate Date: 10/20109 Award Basis: A request for proposal was issued to thirty -four vendors. Twelve proposals were received. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Cost and Exceptions. An evaluation team comprised of representatives from Park and Recreation, Storm Water & Street Operations, Waste Water, Water, and Purchasing reviewed the proposals and scored each according to the criteria above. Proposals were analyzed in an all -or -none, group and line -item approach. This analysis resulted in a determination that the most advantageous means of award is by group; providing for multiple progressive awards. Multiple progressive awards allow the City to utilize backup providers in the event the primary provider cannot fill an order. Of the twelve proposers who submitted proposals, five are being recommended for award. The order in which these five proposers are ranked in each of the fifteen groups is based on the proposers' overall score in each group. All proposers will service the City's account from their local office in Corpus Christi. Price Analysis: For the most recent twelve months for which data is available, the City spent approximately $2,703,224.03 across 253,655 hours. Under the terms of the recommend service agreements, the cost of the 253,655 hours will increase by 9.8% from $2,703,224.03 to $2,966,663.88. Although pricing will increase over the new contract period, the quality of service, ability to fill positions and caliber of the employees placed in temporary positions will improve as the RFP and evaluation were structured to address these service level objectives. Funding: Various City Funds -- See Attachment 530070 - Temporary Services $2,224,997.89 Michael : arrera Assistant Director of Financial Services E -mail: mikeb@cctexas.com 826 -3169 U) U �c U3 c _C r e co co W au aE Q � H ADVANCED TEMPORARIES, INC. Tyler, TX Co r r CO 1.2 (1) 35.4 to 40.0 CI Ln r (2) 69.5 to 74.1 EXPRESS EMPLOYMENT PROFESSIONALS Corpus Christi, TX do N ' Ln N .r- ,(1) 20.3to40.0 o tO r (2) 60.4 to 80.1 MANPOWER PROFESSIONAL SERVICES, INC. Milwaukee, WI 'ct 'Cr r Co 4 r a V' o }' r N N .-. it .. o Lc r (2) 66.3 to 84.2 L. K. JORDAN & ASSOCIATES Corpus Christi, TX CO NN--. - CO N q 0 '' rn 0 N I-. ... Q r (2) 69.0to88.1 UNIQUE EMPLOYMENT PROFESSIONALS Corpus Christi, TX N (.n r Ln co r I(1) 17.2 to 38.6 o to r (2) 66.9to88.3 � N E o 'R • U) 2 EVALUATION CRITERIA o Ln o Ln N N '�t Technical Solution • t1 N. o c Q N- D] : a) r D o 0 cNI _o a a 0 ca 0 16 a co o a CA cv CO o IS C~ � a � r f �;" ax N ''"' led a as C CO of Ln m c • v o �- to co "y .0 tf) o a to co r CD co T. ;D ( 23 ui :c 2 ar m N c N 2 c'7 = c a a : 2 D p m 01 a) .03 -o o c5 o ` a .3. in 0) ( v . ,:r. a 15 a co 0 c •w> 0 • 0 N = 13 ~ 3 C V! 2 ° ° o a o 0.) -(7) V N D3 o a r _a • o t� 2 LO "( co 0) Lo .Q C 0. E 2 t D]}' .0 a .C) L r a o � 12 o rn 2 0] c c 0. O 8 -0 .p 'D aa) is a • `, D C 'C3 'D = .� o D a3 03 o � v To E ca ca cu o co co ca In o a o a 2 E E • u m h z z $5,1 95,046.77 Total Score by Group Total Award Amount —309— (2) The score shown for each proposer is the range when applying the low and high cost score to the other criteria scores. 'CD LL, LL, cn >-• LL, L, 0 ril LL1 cn LL1 0 -7' LL1 Cn , L 7:3 0) C O CD O a C\I . 3 ' - 0 0 • - CO U � t3 ›N .#7 0 /-- L) 0 L) L_, L) L� 11—• Ci) cD (1) -0 OD -n (13 O 0 O _CD U Ed U a) . _c Ci) CI) E O=) = (1) U cn C C N a) c o_ a) EcE o .a3 Aa° 0 0.� c\I N CLCi LT. n a,) C7, u) 0 z 1_, t_, I ._, 1.) L.) CI) _ v) L 11_ "C: L_, /J ,v. :I._ . c v.) 1.) C...) :,T•) :C=7, L_, C...) _:, V) 1 __, L.) o1 0 _CI: a) L-. 0, Nt3 v) :CZ, --L7_1, c v.) , L.1 a.) L._, _1_, _-) 1.) .L_, __, C.,-) '/") •-) 0 ., .1.,__, a) -C_," -L'-) LL �) C_) _1_, L__, ---, , , CL) L) a) '4.) 0, 0_, �/ -n M k-) L-7_1, _1_, L__ L) ''‘'-) d,) , n , a.) 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Ci) O t__, L a.) 0_, li) 0_, t1_, L..) 0 L_, W L_, 1.) a) iii_, , � cn _i__, --L- 1.) 0_, a) .. --c._. _I L_, L__. __, L__. O L.), 0 L_, __. L.). -1,_, 0 L.1, L.--.1. --) 0_, L --c: a) a) 0 L__. i) LL1 L-_, L._:) 0., _ L—. 1,—.1 cv) a.) —) "L71_, _, _ ,� L.) L--. L—. D _ 0_, k.) 0 a• -, /\ /\ (.5 CI) C fa � C � cno (.5 a) N (11) 0 (1) a) c/i co a) el- (0 o o ci) o_ E (1?'• a) o_ L c E O:°W) O � CI) g Q W A A A 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 13, 2009 AGENDA ITEM: Motion approving the 2009 Property Tax Levy of $80,054,072.62 based on the adopted property tax rate of $0.563846 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. ISSUE: Section 26.09(e) of the Texas Property Tax Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. REQUIRED COUNCIL ACTION: Approval of motion approving the 2009 property tax levy as submitted. PREVIOUS COUNCIL ACTION: July 21, 2009 — City Council voted to schedule September 8, 2009 for adoption of the property tax rate of $0.563846 per $100 valuation and voted to schedule two public hearings on the proposed property tax rate for August 18, 2009 and August 25, 2009. July 28, 2009 — City Council adopted the City budget for fiscal year 2009 -2010 based on the proposed property tax rate of $0.563846 per $100 valuation. August 18, 2009 — City Council held a public hearing to enable taxpayers to express their views on the proposed property tax increase. August 25, 2009 — City Council conducted a second public hearing on the proposed property tax revenue increase. September 8, 2009 — City Council adopted an ordinance setting a property tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the 2009 property tax levy of $80,054,072.62. Attachments: Background information Certification of Tax Levy for Tax Year 2009— Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com com (361) 826-3227 BACKGROUND INFORMATION The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for FY2009 -2010, which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2009, based upon a property tax rate of $0.563 846 per $100 valuation and a taxable value of $14,489,723,244 is as follows: Tax Levy Component $52,839,818.65 Supporting the City's maintenance and operations 28,859,906.27 Supporting the City's debt service $81,699,724.92 94,521.56 Add: Net Late Rendition Penalty -- Personal Property Accounts 628.70 Add: Late Ag Penalty (1,740,802.56) Less: Over-65/Disabled Homestead Frozen Levy Loss $80,054,072.62, 2009 Ad Valorem Tax Levy The 2009 tax levy reflects an increase of $2,814,599 over the 2008 tax levy of $77,239,474. FY2009 -2010 reflects the effect of the fifth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze is $1,740,803 which compares to a loss of $1,500,522 reported in FY2008 -2009; $1,210,235 reported in FY2007 -2008; a loss of $650,651 reported in FY2006 -2007; and a loss of $396,701 reported in FY2005 -2006. Also applicable to the levy is additional revenue for a late renditions penalty on personal property accounts and additional revenue for a penalty on late submissions of an application for agricultural designation. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, for those who file for an agricultural designation after the deadline for filing has passed, the Chief Appraiser can assess a penalty of 10 percent of the difference between the amount of tax imposed on the property and the amount that would be imposed without the agricultural designation. Included in the 2009 Certified Tax Levy is $629 which the City received due to this penalty being assessed. In the FY2009 -2010 budget adopted by the City Council on July 28, 2009, the total property tax levy allocated to maintenance and operations (M &0) and to debt service (I&S) (taping into account the late rendition penalty and the levy Toss due to the tax freeze) was $79,959,872, or $51,714,558 and $28,245,313 respectively. This was based on the net appraised property values certified by the Nueces County Appraisal District of $14,440,609,740 -- made up of 100% of the values of the properties not under protest and 70% of the values of the properties under protest. The property tax levy was then reduced by estimated delinquent collections (4.5 %), the City's portion of the estimated Reinvestment Zone No. 2 levy and the City's portion of the estimated Tax Increment Financing Zone No. 3 levy to arrive at the adopted FY 2009 -2010 current property tax budget of $74,318,208 -- $48,065,776 for General Fund and $26,252,432 for Debt Service Fund. Until the City receives the certified tax levy for both the Reinvestment Zone No. 2 and the Tax Increment Financing Zone No. 3 from the Nueces County Tax Office, a determination cannot be made as to whether additional property tax revenue above what has been budgeted can be expected to be received and appropriated in the General Fund. Arueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, IX 78401 -3684 Ramiro 'Ronnie" Cana(es Assessor and Coffector Of Taxes Voice: (361) 888 -0307 Fan (361) 888 -0218 ronnie. canafes@co. nueces. t, us CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2009 CITY OF CORPUS CHRISTI Total Appraised Value ® 100% of Market Value $ 17,175448 992 Less: Partial Exemptions ' Ag-Use account value loss and abatements , $ 2,685,725,74$ Total Net Appraised Value $14,489, 723,244 Assessment Ratio 100% Total Taxable Value $14,489,723,244 2009 Adopted Tax Rate .563846 /$100 2009 Ad Valorem Tax Levy $ 81,599,724.92 Less: Over 651Disabled Homestead Frozen Levy Loss $ 1,740,802.56 Plus: Late Rendition Penalty - Personal Property Accounts $ 99,49638 Less: 5% of Late Rendition Penalty to the Appraisal District $ 4,974.82 Plus: Late Ag Penalty $ 628.70 2009 Total Ad Valorem Tax Levy 80,054,072.62 Submission of the Tax Levy for 2009 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. rtY de. Ramiro R. Canales, CTA Nueces County Tax Assessor - Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this Ola Y of September, A.D., 2009. SUZAN COX Notary Public, State of Texas My Commission Expires October 27, 2011 THE STATE OF TEXAS COUNTY OF NUECES AA--) ea( Nola Public, tate of Texas The Tax Levy is hereby approved by the City of Corpus Christi City Council on this October, 2009. day of ATTEST: err- rl�r���w City Secretary, City of Corpus Christi Mayor, City of Corpus Chrsiti 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/13/09 AGENDA ITEM: Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Texas A & M University -- Corpus Christi for development of the Coastal Bend Business Innovation Center , a business incubator, which grants $1,500,000 for the costs of rehabilitating the existing improvements and constructing the business incubator at 800 Ayers, including the purchase of fixtures, furnishings, equipment, and personal property; and authorizing the City Manager, or designee, to execute a project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A & M University - Corpus Christi business incentive agreement. ISSUE: Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University — Corpus Christi in the amount of $1 ,500,000 for the development of Coastal Bend Business Innovation (CBBI) Centerfora business incubator. REQUIRED COUNCIL ACTION: Approval of the business incentive agreement in the amount of si ,500,000 between Corpus Christi Business and Job Development Corporation and the Coastal Bend Business Innovation Center. PREVIOUS. COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the business incentive agreement. Attachments -323- (AWL, Irma Caballelro Director of Economic De elopment trmaca @cctexas.com (361) 826 -3850 BACKGROUND INFORMATION On September 1, 2009 the economic development department received a letter from Flavius C. Killebrew, President of Texas A &M University -- Corpus Christi, seeking assistance in acquiring funding for the Coastal Bend Business Innovation (CBBI) Center, a business incubator, from the Corpus Christi Business and Job Development Corporation (Corporation). By definition a business incubator is a facility that offers: 1. Space in which the business can operate; 2. Shared equipment and services (usually too expensive for start -ups); and 3. Consulting services, counseling, education and management assistance. The U.S. Department of Commerce's Economic Development Administration (EDA) recently completed a study entitled Business Incubators Work and found that business incubators are the most cost effective use of public money for job creation by returning $4.86 to the community for every $1 spent. The Texas Legislature this year funded through Texas A &M -- Corpus Christi a business incubator, to be named the Coastal Bend Business Innovation (CBBI) Center. Aligned with the university's College of Business, the CBBI Center will further the university's mission of education, research and economic development. The Texas A &M — Corpus Christi CBBI Center will promote entrepreneurship and technology commercialization from three main areas: 1. Faculty and researcher commercialization opportunities within Texas A &M — Corpus Christi 2. Support local industry by creating local support companies not currently available; and 3. Local entrepreneurs with new innovative ideas that have strong job creation or technical potential. The Center will accept these clients through a vetting process into two — five year incubation program supported by student interns, graduate students, faculty, staff and business resource network of local area businesses willing to support entrepreneurial start -ups. For a monthly fee, the start-up companies receive workspace, a business support infrastructure, counseling, access to applicable university resources and executive /entrepreneurial education. The program will have an active advisory committee of key leaders of industry and government to assist in the advisory process. This committee is currently chaired by the Mayor of Corpus Christi. Funding contributions to the project thus far: 1. $1,000,000 from the Texas Legislature. This is operational funding for the Center from September 1, 2009 through August 31, 2011 2. $567,000 from a local businessman Dusty Durrill. This is a gift of a building and land to the university for the project. The building is located at 800 Ayers Street, Corpus Christi, Texas 3. $90,000 from Texas A &M --- Corpus Christi for start up costs, hiring of a new director, exploratory site visits and architectural fees prior to the September 1, 2009 funding. 4. The Chamber of Commerce has offered to host the Center in the interim rent free within their facility. An average downtown rental rate would equate to a funding contribution by the Chamber of $9,875 per month. Based on the time line of operating in the facility for a minimum of eight months the total gift from the Chamber would equate to $79,000. -324- The CBBI Center have received funding, subject to City Council approval, from the Corpus Christi Business and Job Development Corporation (Type A Board) in the amount of $1,500,000 for the costs of rehabilitating the existing improvements and constructing the business incubator at 800 Ayers Street, including the purchase of fixtures, furnishings, equipment, and personal property. This funding would also qualify as matching funds to assist in the renovation costs to amplify the Economic Development Administration (EDA) funding assistance. These funds along with the funds already secured will help the CBBI Center succeed in an EDA grant of fifty to eighty percent of the full project cost. CBBI Center Timeline is as follows: • Spring of 2009: Proposal from the University, supported by all the Coastal Bend economic entities was submitted to the Coastal Bend Legislative Representatives for approval and funding • May 2009: University created funding line of $60,000 for College of Business Incubator start up through August 31, 2010. This funding was used to hire a new incubator Director, conduct exploratory site visits, develop and begin plan of Action and Milestones for incubator operations commencing September 1, 2010. • June 2009: Creation of the Coastal bend Business Innovation Center by legislature, funded at $1,000,000 for operating timeframe of September 1, 2009 through August 31, 2011. Operations began June 1st with on campus office space provided until August 2010. • July 2009: , A &M -- Corpus Christi conducted engineering and acceptance inspection of 800 Ayers Street location. • August 2009: Plan was put forward to accept the 800 Ayers Street location and pursue renovation and construction funds via the Corporation and EDA programs. • September 2009: Commence operations in temporary facility next to Corpus Christi Chamber of Commerce. Application presented to the Corporation and preparations for City Council presentations. Begin EDA application. • October 2009: Begin renovation process upon acceptance of architectural design and approval of Corporation funds from City Council. Submit EDA application. • November 2009: Receipt of successful EDA request. • April 2010: Begin acceptance and transition into new facility. • May 2010: Move into the new facility with the eight -- ten clients from the Chamber facility and y those affiliate clients who required workshop space and were awaiting the new facility. Performance Requirements for the Texas A &M University — Corpus Christi CBBI Center are: • Investment of approximately $3.5 -- 4 million based on preliminary architectural designs. • Will provide the Corporation on an annual basis of the execution date of the agreement a report listing: a The number of businesses that have been assisted by CBBI Center; o The number of new jobs that have been created during the year as a result of assisting these businesses; O The number of existing jobs retained by these businesses; and o The average annual salaries paid by each business during that year. • Will provide the Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business (A full -time permanent job is one that provides at least 2,080 hours annually). The effective date of the agreement is the latest date either party executes the agreement with a five year term of the agreement to commence on the execution date of the agreement. The Corporation will not reimburse any eligible expenditures until Texas A &M university — Corpus Christi has obtained all funds needed to complete the rehabilitation§ t1,CBBI Center facility. Page 1 of 3 RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR DEVELOPMENT OF THE COASTAL BEND BUSINESS INNOVATION CENTER , A BUSINESS INCUBATOR, WHICH GRANTS $1,500,000 FOR THE COSTS OF REHABILITATING THE EXISTING IMPROVEMENTS AND CONSTRUCTING THE BUSINESS INCUBATOR AT 800 AYERS, INCLUDING THE PURCHASE OF FIXTURES, FURNISHINGS, EQUIPMENT, AND PERSONAL PROPERTY; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TEXAS A & M UNIVERSITY -- CORPUS CHRISTI BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to promote job training that will result in new jobs in Corpus Christi, Texas. WHEREAS, in Texas A & M University -- Corpus Christi ( "TAMU -CC ") requested help from the Type A Board to assist with the establishment of the Coastal Bend business innovation Center, a business incubator; WHEREAS, a business incubator provides an opportunity for job training and the development of start -up companies that meet the needs of the local community; WHEREAS, the Type A Board's business incentive agreement with TAMU -CC provides a $1,500,000 grant for development of facilities for the Coastal Bend business innovation Center, a business incubator. WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement between the Type A Board and TAMU -CC; and WHEREAS, there is a need for a project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentive agreement with TAMU -CC for development of facilities for the Coastal Bend business innovation Center, a business incubator. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement between the Type A Board and TAMU -CC, which is attached to this resolution as Exhibit A, is approved. RESOLUTION -- Agreement -- TAMU -CC CBBIC 10052009-326 — Page 2 of 3 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the agreement with TAMU -CC for development of facilities for the Coastal Bend business innovation Center, a business incubator, which is attached to this resolution as Exhibit B. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 5, 2009 R. - y fining First Msistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor RESOLUTION -- Agreement -- TAMU -CC CBBIC 10052009-327— Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott RESOLUTION -- Agreement -- TAMU -CC CBBIC 10052009-328— BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY CORPUS CHRISTI FOR DEVELOPMENT OF THE COASTAL BEND BUSINESS INNOVATION CENTER, A BUSINESS INCUBATOR This Business Incentive Agreement tor ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas P y -- A & M University Corpus Christi, a Texas institution of higher education ( "TAMU -CC "). P WHEREAS the Texas Legislature in Section 4A of Article 5190.5 , Vernon's Texas Revised Civil Statutes ( Development Corporation Act of 1979) empowered local communities ommunities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition New and Expanded Business Enterprises, which authorized the P P 2, adoption of a sales and use tax for the promotion and development of new and P expanded business enterprises at the rate 'of one - eighth of one percent to be imposed for 15 years; WHEREAS, AS the 1/8th cent sales tax authorized by passage of Proposition 2 was enacted by the City Council and filed with the State Comptroller of Texas, subsequently ]� Y effective A April 1 t 2003, to be administered by the Corpus Christi Business and Job P Development Corporation Board; WHEREAS, EAS the Corpus Christi Business and Job Development Corporation exists for the purposes of and assisting entities in the creation of jobs for the citizens p oses encouraging 9 9 of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business incentives; AS Section 501.073, Texas Local Government Code, formerly Section 21 of WHEREAS, Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised the Texas p P . Statutes, requires the Cit Council to approve ail programs and expenditures of the Civil Statu q . Y corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Grantin g Business Incentives on September 18, 2007; WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises authorized the use of the funds to make grants to pa P r anizations to provide training and education to insure the knowledge and skills organizations P 9 required for the jobs of the future are in place; Pa of 10 BUSINESS INCENTIVE AGREEMENT — TAMU -CC Business Incubator 10052009a WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises also authorized the use of the funds to assist small and start -up companies that have the ability to produce jobs for the future; WHEREAS, the heading in the ordinance calling the ballot measure that authorized the use of the funds to assist small and start -up companies carries the heading "Business Development/Incubation;" WHEREAS, TAMU -CC intends to establish a business incubator to be known as the Coastal Bend Business Innovation Center ( "CBBIC " ), which will be aligned with its College of Business; WHEREAS, the CBBIC will further TAMU -CC's mission of education, research, and economic development; WHEREAS, the CBBIC will offer TAM U -CC faculty and students the opportunity to apply classroom learning to the real world experience of entrepreneurship and small business development; WHEREAS, the CBBIC will promote entrepreneurship and technology commercialization from three main areas: 1) Faculty Facui and researcher commercialization opportunities within TAMU -CC; 2) Support for local industry by creating local support companies not currently available; 3) Local entrepreneurs with new and innovative ideas that have strong job creation or technical potential; WHEREAS, the CBBIC process will diversify the tax base, create wealth in the community, and generate licensing revenue to TAMU -CC; WHEREAS, TAMU -CC proposes to invest approximately $3.5 — 4 million based on preliminary architectural estimates; in consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU -CC agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. a. TAMU -CC shall develop the Coastal Bend business innovation Center, a business incubator. b. TAMU -CC wilt invest in the renovation and construction of the CBBIC. TAMU- CC shall annually report their actual investments within the City of Corpus Christi, P and provide documentation to support the report to the Corpus Christi Business and Job Development Corporation. c. The Corporation will reimburse 1AMU -UU tor the costs of rehabilitating the P existing improvements and constructing the CBBIC at 800 Ayers, including the purchase of fixtures, furnishings, equipment, and personal property. The amount p furnishings, by the Corporation may not exceed $1,500,000. d. On the same calendar day of each year as the effective date, TAMU -CC shall report to the Corporation the number of businesses located within the City of P P Cor P us Christi that have been assisted by the CBBIC, the number of new jobs created durin g year the by Corpus Christi businesses that were assisted, the Y number of existing jobs that were retained by the Corpus Christi businesses, and nu g the average annual salaries paid by each Corpus Christi business during the year. 4. Job Creation Qualification. a. in order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly q y Section 38 b of the Development Corporation Act of 1070, as amended, which is Sec t } P the occupation of the wage wa a in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A permanent job full time permanent is one that provides at least 2,080 hours annually. c. TAMU -CC agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying in the number of full -time permanent employees employed by the business. d. TAMU -CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. TAIVIU -CC agrees to use its best efforts to give preference and priority to local suppliers, contractors, and labor, except where not reasonably manufacturers, pp possib le to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the ur oses of this section, the term "local" as used to describe P P manufacturers, suppliers, contractors, and labor includes firms, businesses, and su pp p persons who reside in or maintain an office within a 50- mile radius of Nueces County. Pa i3of 10 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Business Incubator 10052009a 6. Warranties. TAMU -CC warrants and represents to Corporation the following: a. TAMU -CC is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TAMU -CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU- CC.has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. TAMU --CC has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU -CC are duly authorized to execute this Agreement on behalf of TAMU -CC. 7. Compliance with Laws. TAMU -CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. TAMU -CC covenants and agrees that TAMU -CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. if the Corporation or TAMU -CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU -CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. TAMU -CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. Pair 4 of 10 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Busines I §cbator 10052009a 71. Indemnity. To the extent authorized by law, TAMU -CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ('Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (inc!uding, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU -CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU -CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of TAMU -CC to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Cor p oration or City determines that any representation or warranty on behalf of TAMU -CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any is assessed against TAMU -CC or any attachment or other levy Y . against the property of TAMU -CC with respect to a claim remains unpaid, g p p Y undischarged, or not dismissed for a period of 120 days. d. TAMU -CC makes an assignment for the benefit of creditors. - files a petition in bankruptcy, or is adjudicated insolvent or e. TAMU-CC p bankrupt. f. If taxes owed by TAMU -CC become delinquent, and TAMU -CC fails to timely and ro erly follow the legal procedures for protest or contest. p p Page 5 of 10 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Business I bator 10052009a g. TAMU -CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that TAMU -CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU -CC in writing of the event of default and provide bO days trom the date of the notice ( "Cure Period ") for TAMU -CC to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU -CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU -CC shall immediately repay all funds paid by Corporation under this Agreement. b. TAMU -CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to TAMU -CC under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU -CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU -CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Pag% t of 10 16. TAMU -CC specifically agrees that Corporation shall only be liable to TAMU -CC for the actual amount of the money grants to be conveyed to TAMU -CC , and shall not be liable to TAMU -CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely duiftiy the yiai It Let -fi, ur 1116 dyleel lief IL Cutpuraiiuri shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU -CC to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU -CC: Texas A & M University — Corpus Christi Attn: President/CEO 6300 Ocean Drive, Unit 5756 Corpus Christi, Texas 78412 -5756 Corporation: City of Corpus Christi Business and Job Development Corporation Attn. : Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the mariner provided above. Page 7 of 10 BUSINESS INCENTIVE AGREEMENT - TAMU -CC Business nDr 10052009a 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless wii riling signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU -CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Seve ra b i l ity . a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and TAMU -CC. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Pa e8of 10 R! IQIKIF.Q lAlr'_FAETRVP Ar,RRi =l nrAIT TAME l_nr Ri ocinac Pfish-otnr 1 nnc7nnQa 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary Page 9 of 10 ?bator 10052009a BUSINESS INCENTIVE AGREEMENT TAMU -CC Business Inc Texas A & M University -- Corpus Christi By: Date: Flavii is C:, Killahrp4ni President /CEO THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by Flavius C. Killebrew, President/CEO, Texas A & M University -- Corpus Christi, a Texas institution of higher education, on behalf of the university. Notary Public State of Texas Page 10 of 10 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC BusineSS n ator 100520098 PROJECT SERVICE AGREEMENT FOR DEVELOPMENT OF FACILITIES FOR TEXAS A & M UNIVERSITY — CORPUS CHRISTI'S COASTAL BEND BUSINESS INNOVATION CENTER, A BUSINESS INCUBATOR This Project Service Agreement ( "Project 5er 'ir•P A DrvvmPnt ") iq c rtcrPri int-) hPlintiqpn the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.8, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local Rev ' ' with the ability to adopt an optional local sales and use tax as a means of communities Y p im improving the economic health and prosperity of their citizens; p 9 WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Business Enterprises, which authorized the adoption of a sales and use tax Expanded p for the promotion development and develo ment of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was by City subsequently enacted b the Cit Council and filed with the State Comptroller of Texas, effective p , ive A ril 1 2003, to be administered by the Corporation's Board of Directors; WHEREAS, and assisting the Corporation exists for the purposes of encouHEREAS, p entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.8, p llernon ' s Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; Council a roved the Corporation's amended Guidelines and VIrHEREAS, the City approved for Granting Business Incentives on September 18, 2007; Criteria 9 A & M University -- Corpus Christi has submitted a proposal to the WHEREAS, Texas Y P Corporat' vn for $1,500,000.00 for development of a business incubator to be known as � the Coastal Bend business innovation Center; WHEREAS, the ballot measure that authorized the sales tax for the promotion and business enterprises authorized the use of the funds to make grants to expansion of bus p organizations to provide vide trainin and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the ballot measure re that authorized the sales tax for the promotion and expansion of business enterprises also authorized the use of the funds to assist small p and startup companies that have the ability to produce jobs for the future; age 1 of 3 Project Support Agreement 4A -City -- TAMU-CC CBB1C 1 DD WHEREAS, the heading in the ordinance calling the ballot measure that authorized the use of the funds to assist small and start -up companies carries the heading "Business Develo pmentll ncu batio n ;" WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Chri ti, Tcxac, to fund the development of facilities for Texas A ; M University __ Corpus Christi's Coastal Bend business innovation Center, a business incubator; and WHEREAS, the Corporation and Texas A & M University Corpus Christi have executed a business incentive agreement for development of facilities for Texas A & M University -- Corpus Christi's Coastal Bend business innovation Center, a business incubator. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement with Texas A & M University -- Corpus Christi for the Development of the Coastal Bend business innovation Center, a business incubator ( "Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, .or the City Manager's designee, shall perform contract administration responsibilities outlined in the Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by g y yP a person duly authorized to sign agreements on behalf of each party. 7. Severabi i ity. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held _!� 4a age2of3 Prnirint Siinnnrt ArirAPmRnt 4A -City -� TAMt J -CC CBBIC 'i ❑0'520 illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties T o this roj ct Service A r cc enr that every sec i n, paragraph, subdivision, clause, provision, phrase, or word of this Project Service g ra P Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Cap tions. The cap tions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. p y The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Boy Salazar g interim City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: October , 2009. R. Jay Reining First Assistant City Attorney for City Attorney _-!a ?age 3 of 3 nt 4A-City -- TAMU -CC CBBlC 1 DQ'�2009 Project Support Agreeme tj► 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/13/09 AGENDA ITEM: Ordinance ratifying the execution of a Memorandum of Agreement with the Texas Commission on Environmental Quality ( "TCEQ ") and the U.S. Environmental Protection Agency in order to provide emergency use of space at the Corpus Christi International Airport at no cost in case of a disaster which renders the TCEQ Region 14 offices unusable; and declaring an emergency. ISSUE: In recognition that all governmental agencies need to be better prepared for emergency operations, such as post- hurricane response, the TCEQ and EPA have requested temporary use of space at the Corpus Christi International Airport in case the TCEQ Region 14 Office is rendered unusable. REQUIRED COUNCIL ACTION: Ratify the execution of a Memorandum of Agreement with the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) to provide emergency use of space at the Corpus Christi International Airport. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends the ratification of a Memorandum of Agreement with the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) to provide emergency use of space at the Corpus Christi International Airport. Attachments Background Information City Ordinance TCEQ/ EPA Memorandum of Agreement Peggy `C: Sum Fr CHMM, CFM Environmental Services Director PeggyS@cctexas.com 826-1868 —345— BACKGROUND INFORMATION Following Hurricane Katrina, it became evident that local, state and federal agencies did not have adequate plans in place to expedite emergency response activities. In order to improve readiness, the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency (EPA) has been pre - selecting sites which they may use following a natural disaster. Ms. Susan Clewis, TCEQ Region 14 Director, requested the use of an area immediately north of the long -term parking lot for staging trailers, tents, generators and other critical equipment following a natural disaster which may cause the local TCEQ office unusable. Since the TCEQ 1 EPA staff and equipment will evacuate during a major storm, the site would be used only following a storm to house personnel, establish communications with TCEQ and EPA headquarters and conduct monitoring. All proposed trailers and equipment will be completely self - sustaining, so no alteration of the site is required. No buildings or other accommodations have been requested, therefore, minimal impact to airport operations is anticipated while the state and federal agencies utilize the site. This attached Memorandum of Agreement was developed cooperatively by TCEQ and EPA to establish confirmed sites at which to conduct post - disaster operations. AN ORDINANCE RATIFYING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ( "TCEQ ") AND THE U. S. ENVIRONMENTAL PROTECTION AGENCY IN ORDER TO PROVIDE EMERGENCY USE OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AT NO COST IN CASE OF A DISASTER WHICH RENDERS THE TCEQ REGION 14 OFFICES UNUSABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Execution of a memorandum of agreement with the Texas Commission on Environmental Quality ( "TCEQ ") and the U. S. Environmental Protection Agency is hereby ratified in order to provide emergency use of space at the Corpus Christi Inter- national Airport at no cost in case of a disaster which renders the TCEQ Region 14 offices unusable. 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: October 5, 2009 Elie • : th R. Hundley Ass = ant City Attorney for the City Attorney EHord27l.doc —347 —. 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 Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez M a rk Scott EHard27l .day -348-- October 1, 2009 'Angel R. Escobar City Manager P.D. Box 9277 Corpus Christi, TX 78469-9277 Re: Memorandum of Agreement Regarding Emergency Use of designated areas of the Corpus Christi International Airport by Texas Commission on Environmental Quality and Environmental Protection Agency Personnel Dear Mr. Escobar: The Texas Commission on Environmental Quality (hereafter called TCEQ) and the Environmental Protection Agency (hereafter called EPA) are seeking to reach an agreement which will provide facilities for use by TCEQ and EPA personnel in the event g p our Region 14 offices are rendered unusable due to an unforeseen event (Disaster) that may require TCEQ and EPA personnel to have alternative facilities available to perform work to accomplish emergency management and mitigation functions. This Agreement represents the current understanding between representatives of TCEQ, EPA Region 6 and the City of Corpus Christi regarding emergency use of space at the Corpus Christi International Airport. This agreement is subject to the following terms and conditions: 1) The City of Corpus Christi agrees to provide space, at no cost to the TCEQ and EPA, at the Corpus Christi International Airport, for use by TCEQ and EPA personnel should the TCEQ and EPA offices be rendered unusable. 2) Any modifications made by TCEQ and EPA personnel to Corpus Christi International Airport facilities shall require the consent of the Director of Aviation or his authorized representative. 3) The Corpus Christi International Airport, TCEQ and EPA agree to exchange information which identifies primary and alternate contacts and applicable phone numbers or other means of communication. This information will be updated as necessary to facilitate 24 -hour availability of designated contacts. 4) The duration of the TCEQ and EPA deployment to to the Corpus Christi � 3' rp t International Airport will be determined by mutual a g reement after the scope of the incident and the operational needs of the Corpus Christi International Airport, i TCEQ and EPA have been evaluated. 5) The term of this agreement will begin when it is by signed b authorized g representatives of the City of Corpus Christi, TCEQ and EPA. 6) This agreement may be modified by written amendment which shall be signed b g by authorized representatives of City of Corpus Christi, TCEQ and EPA. 7) The TCEQ and EPA agree to leave the property in its original condition befor e the area was occupied, or modified by the TCEQ and or EPA. A space has been provided for you to sign this agreement. This agreement is being � g g executed in triplicate, with a copy to be retained by each party. Following return of your .. g y signed originals, and upon the signatures for TCEQ and EPA, this agreement will be in effect until withdrawn by any party through a written notification to all P arties. Sincerely, Kelly. Cook Homeland Security Coordinator TCEQ, Office of Compliance and Enforcement, Austin, TX The undersigned bind themselves to the faithful performance of this Agreement: TCEQ: EPA: City of Corpus Christi: Texas Commission Environmental on Environmental Protection Agencv Quality By: By: By: Authorized Signature Authorized Signature Kelly Cook Dave Bradley Printed Name Printed Name zed Signature AQEeI R. Escobar Printed Name Homeland rity Coordinator Director. Emergency operations City Manager Title Title Title Date Date Date —350— /OA, s -. astofo •• 1 d/J ::t ~.gun• l0 As, ;tent City Attorney For City Attorney 27 AGENDA MEMORANDUM October 13, 2009 SUBJECT: Energy Efficiency Conservation and Sustainability (Project No. 4391) AGENDA ITEM: a. Ordinance appropriating $250,000 from a Department of Energy Grant in the Fund 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan increasing appropriations; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in 9 ty g the amount of $200,000 for a restated not to exceed fee of $250,000 to the Professional Services Agreement with HDR Engineering of Corpus Christi, Texas for preparation of an Energy Efficiency Conservation Strategy and Community Sustainability Plan to satisfy Department of Energy requirements for the City of Corpus Christi to receive an Energy Efficiency Conservation Block Grant. ISSUES: Council must appropriate funds prior to expenditure. Council must authorize the execution of the contracts in excess of $50,000.09. FUNDING: Funding is available from the Grant Fund upon appropriation. RECOMMENDATION: Approval of the ordinance and motion as presented. F'R Director of Engineering Services 361- 820 -3781 petean ©cctexas. com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Page 1 of 1 H:I HOME1 KEVINSIGEN IEnergyEffciencyGrantlAmdl Memo.doo— 353— BACKGROUND INFORMATION SUBJECT: Energy Efficiency Conservation Strategy and Sustainability Plan Project No. 4391 CONTRACT DESCRIPTION: The contract provides for the Consultant to prepare the necessary documents for the City of Corpus Christi to receive an approximately allocation of approximately $2,500,000. The allocation is available from the Department of Energy's Energy Efficiency Conservation Block Grant ( EEECB) program. The Energy Efficiency Conservation Strategy must outline how the City intends to utilize its allocation. The strategy and plan being developed will identify several key projects for submission to the Department of Energy in the competitive EEECB grant program. The Consultant will also develop an initial strategy and timeline to prepare a holistic Sustainability Plan. The Plan will consist of sub -plans for energy /emissions management, waste management, water supply /quality, mobility, open spaces and facilities. GRANT: The Department of Energy announced the City of Corpus Christi was allocated $2,750,000 through the Energy Efficiency Block Grant program. The allocation consists of a $250,000 entitlement allocation. The remaining $2,500,000 is dependent upon submission of an acceptable Energy Efficiency Conservation Plan and Community Sustainability program. That portion will result in the identification of several projects to be submitted to DOE for consideration in the competitive EEEBG. The competitive EEEBG will make available approximately $400 million for energy efficiency and sustainability projects. CONSULTANT SELECTION: The City issued a Request for Qualifications (RFQ) for letters of interest for development of the Energy Efficiency Conservation Strategy and Community Sustainability program required for receipt of the $2,500,000 allocation. The RFQ was issued to four large consulting firms that possess the ability and expertise to complete the requirements. The Consultant is required to complete preparation of the required documents for submission to the Department of Energy by December 4, 2009. The firm of HDR Engineering, Inc. was selected as a result of the process. FUNDING: Funds for the amendment will be available from the City's Grants Fund upon appropriation. TIME OF COMPLETION: The contract provides Conservation Strategy and EEEBG application to be completed and submitted by December 2, 2009. FUTURE COUNCIL ACTION: Council will be requested to accept and appropriate the grants subject to award. —354— Exhibit A Paae 1 of 1 PREVIOUS ACTIONS PRIOR ADMINISTRATIVE ACTIONS: June 17, 2009 — Administrative execution of an agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $50,000.00 to undertake Task Order 1 of the Development of an Energy Efficiency Conservation Plan and Initial Strategy for a City - Wide Sustainability Plan. Exhibit A -1 Pagel oft H:1 HOME1KEVINS \GENIEnergyEffciencyGrant\Amd 1 PriorActioR46&5doc Page 1 of 2 ORDINANCE APPROPRIATING A $250,000 GRANT FROM THE DEPARTMENT OF ENERGY IN THE NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND FOR DEVELOPMENT OF AN ENERGY EFFICIENCY CONSERVATION STRATEGY AND COMMUNITY SUSTA1NABILITY PLAN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $250,000 grant from the Department of Energy is appropriated in the No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. p g ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: September 22, 2009 47"--40‘.1 Lisa Aguilar'* Assistant d. Attorney For City Attorney H_ILEG- D!R\Lisa12009 ordinance \ORD- approp Dept of Energy r ti Toc 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney - Larry El izondo, Sr. Kevin Kieschnick Priscilla C. Leal John E. Marez Nelda Martinez Mark Scott 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: October 13, 2009 AGENDA ITEM: Port of Corpus Christi Authority Annual Update STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. John P. LaRue Executive Director Port of Corpus Christi Authority 2. Frank C. Brogan Deputy Port Director Port of Corpus Christi Authority 3. BACKGROUND: This is an annual update on major projects and initiatives at the Port, last given on Sept. 30, 2008 PowerPoint Supplemental Information L� J r r A Je i IL r L5 •1 r 1L a 1 N Iti1; irl l• r s 1 . L r• a ii,,, = . ... :':.• 1 I.I., • 4): h ,,,. ... 11.0 .., r r, t J • 1!. ■1 . 1 r 7 1 . i 7..r..: ti .1 L1 , •• 1• Ir a 29 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Commission on Children and Youth - Quarterly Report STAFF PRESENTER(S): Name Title /Position Department, 1. Edward Salazar Interim Superintendent Parks and Recreation 2. 3. OUTSIDE PRESENTER(S): Name Dr. Mary Jane Garza 2. 3. Title/Position Or anization Asst. Superintendent West Oso ISD BACKGROUND: The presentation will emphasize work by the commission in the areas of the Data Collection Project which has been initiated by contract with Texas A &M University, Corpus Christi on 7/21/09. The purpose of this product is to provide Corpus Christi Agencies with updated demographic /service/resource data for application of gran or other funding applications to bring added resources to the city. Also, information on the Community Connections event to be hosted by the Commission on Children and Youth on 1017/09 at the Del Mar Center S. Staples & Kostoryz, Corpus Christi, TX will be presented. 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E c E w 0 uj U � 0 N 'y irei 0 flj u m v to 0 ( U) to — 4' ••E b co E tr) 0 t ra ca u .� 0 0b cy E E •— L 0 0 -00� What is your Organization Name? Weed and Seed of Corpus Christi. What is your Organization's purpose? Help lower crime in target communities. Who is your target population? High crime neighborhoods. How could the Commission on Children and Youth assist you ? Put together a resource guide. address, email, telephone — v yy co cu r >, •1 f r0 e) E', C%. 0 •-� ; C EC .a r 0 •0 ov 2 5 .— o T to 0 � 0',Ec o t _o,) c o co o -a v E . R, 0 0 = 0 E Dcow3 j s o r (2, � E.. > 73—Ix cu ir- lis E t ei0to0 E .c = Z v- U S oo W � c C ` ui 0 E W 4. 'D,'"' "� o al Ch C C in • 0 l ea .._ E ,C L ON E A' = ra cy ci, `aE � a) w yam.+ U E .013 U v) a, ue .30 0039)., (A .0 li 1 *. 4:2 i.... = .-- scP1 R to N 1. o 0 CO L CD [a E U = �L 0 , C 0 0 C b �. .� ra -0 .— u) 0 *'fir. ` 2 U CO o b E_ "4.4 o cn 0 r C C D d u ,� E �_ b a) E .E a • C) C) to es ap t ..t .... a, 1... sc 0 1. What is your Organization Name? American Red Cross- Coastal Bend -Texas Chapter 2. What is your Organization's purpose? • CTS 4- c o w Qom. c L. U) w 0 0 � 4" l a E E as zems 0 E i .y _ o a —389- 12 counties, including Nueces. 4. How could the Commission on Children and Youth assist you? Community presence, fund - raising, referral services. cis E H cu ea. ,o su r 0. ..r 0 C �- o 0 c E Q 1 E c� v 04 M Izr C co C 0t. . L 0U CL -- cp a U (19 D co E v E d D a � E•c al w o 46' A' E. ›- v 6 o E _ C c 41 tolD 14° U ` 4 2 d u) = .— o •a z 7 Z, i 1 8 c) eL to w 0 E ~v u c ,$) m E D c 00 1:X -o 42 VI a ._ CU 4.111 .2, ._ w v C 13 C tad E q a :S. u) 0 C VS B ti E 12 13 3 E ,.ca 0 -a C a) RD e. .0 of a E .t 1... .0 y What is your Organization Name? Amerigrou What is your Organization's purpose? Educate peep Who is your target population? 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O th c .— pi E .�,.� E F., �; 0 s cts c 2 3 m ° :-6 CIS 2 p � 0 -> ' il LI c t. +� 0 => O c _ o — 'z (D 0 >' 0 >1 > -- 0 c =` L c p o >+ _ u) U! in �► >1 E E •a 2 03 .0 ._ �n�� �0 p,_ a,oc O as .� x ._ E E E sz . = co •V to s VS 0 as p c O .i 0 Q z"" 0 0 0 a) 0 0 s� s� ,cam �c� 00. rc H 0n .c a��t��.. L. .0 a) _ L) v) 1- csi ei Ti . 0) d E 0 0 0) N CO L CO co CO y D D, E- co r'ea s E W =vi 0 E a) O 4.0. t Q H y 0 in iii c •� = E .,E, L'' s (..) �+ 0 z 0 Tti E ....- ' t .tall o '- •LV7 to' 0i 0 .cc 4c ti to to 0 E L1.1 0 a ., .91 u r- .12 E Q 'E N d ._(..) E) i't FT z ci),.. t 0c uct0 to *�� , a v ,� E a fr S E S. E �, o cc C� 4.c :0 L. �•0 al E �, ;v iF.r 13 R z 0 t ,. cztv EmQ. (aEt,2 a) 2 1. What is your Organization Name? Antonio E. Garcia Arts & Education Center What is your Organization's purpose? N To serve the community. u Put our name out there so we can better the community. w RI E d N _ c, ` to Ti ra c = (2) .E u a., I" 15 E.3. 0. 0 '4 0 RI c ch 0 = 0 13 Cl. E0 We o a �' V " y C C 63 CO < 1415 to t., . —Cr 0 = w u C� i c 6 DI 0 2 - 0 m'EQX ' >'0 0 c a 7V o i- al .u) .c 0. s vi oEa) .• 0 c .4 co m L fa- a) o o z :b s = 0 N. o 1 v '4. ,`II Z COoo _ � w = o � � Cam 0o„Q_ la 's 0..r .1.4. ii 1 fE N.,13 a 0 w al a o E LI = c L 1• o a o c O (1) . .— .t.2 "S- CO Z as IS ,o CO EcZ es o .E t E o �a 0 c 6. = m o� E›.. E .- l a 0 c c 0 E to Q co cv V What is your Organization Name? Arvande Capoeira What is your Organization's purpose? as a career i R� L 06 11 rob) : o 0.a) o in c a a, 5`o o 0- CL Who is your target population? Young adults. 4. How could the Commission on Children and Youth assist you? Q 0 0 o` t a 00 's o . C r� a _.2 E L - a o E c a' .o� 10•0 E au c 75 14 Cu Rl C a) a) m ca E ao u) 0 .u) a. C.. c .� o R1 irs 0) 0 0. 0 c 0o ar c o (a r r t eL 0 0 LL 0 UJ sa* C 0 E c o `o 0 m E to e a a E ,�1ti► ;"� u) 04. 0 c1S 4.1. k .o co al 14- cu 0 .t -0 to m o csrs z a) E 0 S� 0 e co i -5.- 0 :0_ ftc ut What is your Organization Name? The Miracle League of Corpus Christi 0 .... Q. . 0. — r� 4/3 .0 c ea 0 0) c 0. ,P4 .(0 o E o. fa �+ L „, 0 0 0) co .• .c 0 N _3p20; Special needs children and adults. 4. How could the Commission on Children and Youth assist you? Spread the word. address, email, To ,0 Q r o �) 0 rii (4 4., C.: CU 10 tie ■� a E ,� o) V) 0 0 ‘-. .c 71) cu co - a C) o = 45 >. 0 iii quo 4 CO = (A c 03 ITT, 1g I= = 'to .� 0 of CZ 07 f� (� ` D RI al U w 'Q �# r.4 ea 'tit tc. *�+ 42 CO � o w. Q2 �• #.r r 0 as .4 Sci ou 0 0 v (jN ? [a E °. •> c to _ 0 10 (...) si, , C.) ° -4 E) s eq. „,_ 0 z Z c Jo) id; .0 .c c E rj; g .6 , , 0 c cc 0 G o` d. c r 0 0 0 >, 0 '0 .� ro t . 0 ° = w t= 47. 0 ..-. .17) 0 .c a) 0 co m t 1 Z. v Z ,N = N fl. E o r 6 4t 0, i 0 c��a �, �° Q, v a; .' o ,tea °E 0 E 43/Ft4cw, _ L i t U �E •� LI 0 >, Q to o U ■= am v E ,.a ca c, , r = M ,0 G) �" �" Q ` � c" ' ` = .0 15 a, aJ c E ---4 /� ,' � � � � � � � � �"' 5 .ice a T �„ •w E .E o ° A LL �' •D 0 ` C A= cDM C co 0 e R1 r's. 2 II 2 3 u) 2 g fr.c 2 = ng — x w 03m0 a o ._ 0` ft a ca to si co W o 1. ._ F-- a= t •, • C.) 0 r-+ ,_ - —) u1) t3. U...a.. .o�1 _ 15 j t= Lei r; 4 6 d 0) h . (5 0 C s c 0. 6' 0 ..F., — _..> 0 _, li 0 1.... N 0 i A co .v, . : 0rX g ■_ .,° ■7- E o E ! �� a) . (0 = 5 0 a u z t v) E ap � a) En _ . ■ 1 Tn- vs 0 C3 r to >I' ...I ''S,... uo g )., >. .3 co -a #'= C] y0�. t c ���... To .`.(0 _ �°° 0 E �},_ ■ in. 0 e x 7; a 2 :91 icx 0 = c,a; § 1?.. c "6 >, u) -1:3 lii as ,,, zi, pa 0 0 (.) -0 = , ..15. 'Se) 1.t, c 4.ci 2 a,' 0. ZS E ° — o�]e, �'E E °„o �, °° Th� � � �3 � i„ _ , 46 C •� .... Z Vs H a = .6 ` a m .0 ,, . " 0 in CI ci 1.0 4 U 7. CC Q ,w u) GI = = ._, i3 r i 0 5 .41) Z : 4-c 0 0 2 m a ,C z CO E .N .Rl a= _ d � t + N ..... ■- 0 w C *.+ Uj L 0 *� L U iii 0) Q _ *- 0 o ....ca _ tCi U 0 (7) 0 IX g Q E Lo �' Vi ' ffi u; . 5 .-.0 CS T.; ti p, 0 i. C..) .5. c 2 0 ›, 0 4'.. u; >, G., m 1:3 a til 0 a = . C CO 0 O. l'a In '-' irr !A V �rj` ss = ,.., .. . e .(4 0 .c . < . o o td ALL #A t _ =012 C.�cyV�0 ~.c 393 c U state.tx.us 0 ia 47, • ci) • co s� ch Q O C� U= v v c '•Q E E 0 U Liu U U U W U z What is your Organization Name? Avance CC Chapter What is your Organization's purpose? Provide families educational programs. 3. Who is your target population? Low income at -risk families (parents & children). 4. How could the Commission on Children and Youth assist you? Assist in marketing and telling community about AVANCE services. E 0 H s. 0 >, >, .c as 0. c' .— v c �` ( E CIS a) v c0 0 ._�., • v 0 al 0 2 Ti C �`_ � 0 °s el v O c ` • ! to r.... ID m us .. w x co < to 4.• .0 C3 • CQ a c SI C ►♦tq a) 0 . o 0 >, 7) ....: F2 RI c . : to 1 E a) v .c • v) ��e c, • 0 c = co EA 'if., If 2) ci) a w 75 E Oa A SFr 0 t , p .— .0 t , u �1 0 — c � !,, t. c 1-4 v4r ° c = c -c • c P. c 0 in to • i 112 E :, F. w cn ` rAi'fill �� v s d (1) t . .4 E s to r 0.0 N tU .0 """� .1 U C37 o- U '_ 0 b 0 m 0 0 a ,= R0 v O c - to E a Q �• �- c `_ .= a 0 v %E) 00, v z 4 .g c c E c U rn .. c = c ,�.► ii TD ...� v 0 I' "E su ,60 'CI .0 Ci /I?. = ja CI) in 4-, 113 0 : "S , ,ta 42 ...7. ›.. Z1 4-, E 0 cla v.� c c 0. Q il fi , E l'.:) 47 5 ezu) 0 LL 0 = Ti; cfi • o 2 o c so 0. I, O 0 0 mow ❑ s �"' U "r` '�` C] t� v al E L; a) c II r a) 1 c u3 •` 6" i5 . L. r[ fx y0 w = _ a, c ,v t �"`" 0 .. z v ,+ 8 ' 2 D wc 06 vs ij 0 0 "t �' r• v 0-1 g E c9 2 2 RI W = X iiw ;.. t 0 of 11 O` - = 'n to 0• s al F s co 0 t 0 11 F. i s § L U a �mcm � U� t- c4 — ■4.a; 4 6 C.)w CC Z." 12 Lu .co Its c Et 0 C o o � � 2 ct .,_ v) U.. �..3 .fn E E 0 0 Lu 0 4 1) oE� fl z c o E.� oo'Es C'1 w u E o °s 0714 V) 0 tr. ra•0 cis N �E .14 0 U S2 qs Ire H v to a c mow C E y-. E 0 E (13 CI' b ctv e ,U What is your Organization Name? Texas Dept. of Family and Protected Services What is your Organization's purpose? Protection of Texas Families. c,.• 7. o „— ca v CL D c O. CO #� c c a 75 0 SZ 4. How could the Commission on Children and Youth assist you? Helping us with public awareness and education. s.state.tx.us 0 to co co 00 al) c 03 c X ov oo el' Cam c 0 �w D E v o 0 c (,)` a� W co so Q Goa e sae to o c 07 V) 0 CO 21:52 Psi •�E ._ 6. CC m Er) ❑ Q .c ra co S 92 2 ca u m o .fi z t co CD Ca 0 E • m e !V What is your Organization Name? CCISD Mary Grett School What is your Organization's purpose? csi 0 1 0) oD 0) z o 0 c � la R t 0 o .c ■R_ Q 0 c c.. 0 c - U 0 .� ( > .c V- -315- 4. How could the Commission on Children and Youth assist you? Special Needs Agencies. aco E 0) as s- irs � ,o �5) Lu t ao c� u) ea Eo C co w A PC-1 C f V C 0 c > D y H .c Q a) Z 71; I0 N, o E C) b — c 112 as 2 q 17 E *61 Ph.' ,o E Lt E EL "I ° o :cr.: (2 rz cn= D") 0 4.. in "5 d ... v, a.- di 1 'U E i b ' � 0 ` , z o to c Et h :L. 47 a) S 12 a u .(i) z cum , u .... E CI co 0 `— : ca - 0 °= Moto Ey,,, y.. 13 0 +S z 2 :1=1 1.- mc ID u 0 What is your Organization Name? CCISD Migrant Education Program What is your Organization's purpose? Educate Migrant Students and assist families Migrant Youth. could the Commission on Children and Youth assist you? ca E a) vi a) aat.. ra 0 0. a. 117, ao o -.. ut 2 E 0 <' 2 t E E co L � .- = L , = i -0 0 CU CI 2 .-- L 7 u E c W N = c 112 g 3 o Cl) c s _ = > i r N 0 16 0- 0 i �t.? �� o a .0 4 z -L c E 2 .� z , ui o E v W V vi e b - = 0 �+ 0 Iii E A o 0 .(i.) 09 cli v3 U) ai o ca (4 oat �c o ca 1:3 O D 1d.Q (a ca.= Z N .t.) v.'" = = 0 c Z 6 to 4.-, +)......0 Q c .c `— in -6 .6 u) 0 0 ca o v E 4r. E 41 13 a 0 S. z o 0 c .0 a) 32 siz — 1....c 0 V What is your Organization Name? Spaulding for Children What is your Organization's purpose? 0 a) as R a) 15 .0 -i. ca tv 0 .2 0 L — z i .iZ' L ca 0 c E 'P. .47. 0 ca 8 :7== a) 0. 0 U) 41. p CD 0 0. i- Ca .0 0 (5 ›.. L_ C H 4t., ,_ L6. . How could the Commission on Children and Youth assist you? c ED. i c .E .� a) EL E o) G) co a) wuC c a) .E a tv .�►' X ( co .L3 ( cl. 0. a T. c ,0 o C 0 4.4 � 0 0 0 4- _ `o CO ' 0 .E '0 J ,= � 2 `. L RI CO 13 011 0� of 0.E V E 'Rii °o° 0. ` = = "o N 0 a� = c 0) o itt O X c =-� t x ov IC .0 � : t C N � r = o (5 0- ccoOto ii CL ui Z d Q N 0 :" ). to . forchildren. 0 C.) Z � 3 u ■ p1 o u D ° _ a L. a = 2 r .t H 0 o ,H p E i E : 0 LU rz tau DEa� • °— a o . co =o E ' E to � u �► E a of 76 t E .174 14. (4 a Cr) a,a OS to •� a *.' •a ra e 0 U) .c e m o 12 z� 0 ,„ to: 5°;v o D •� t3 E ,� 0 as u� What is your Organization Name? Planned Parenthood of S. TexaslMale central Clinic 0 say ra ° c cu 0 w c.o. 0 .C2 46 CS C a) 0 C, U 0 0 C. _ C L ct ° CL NE> C a .E C 0 , H U: N 6 E E-a E C o 03 CD CI) tt9 E.ETs_ C �— c ea a ja •a ca Z3 73 t o ca 0) to 0 0 cS) a (0 c.) ca 0 Es a) 0 a w c.= MI 0 ' }� = YI R .0 c E co .Y cii e a H = 5 0) so v ›"" C v c o co Cco co 0 •- ., •to 1 > 12 1 a r • ° o aK ur ° �' o iiii I C 0 E Et2 r S V to = /: l .2 `U .0) sz di en ._ •_ co fo. 15 p 4 ` 0) 0 O co ,; a 0 RS Ur J £-CI ii 13 o=° Q 0 a i °� g = er 3 .E>it ti 2M ° = E Tr0 M 4 ui Mon. - Friday 2 CL O 03 Mv er r p fa w o CO a? a N co W co` N+ 0 a a) E 0) .� E .� a ctn a a 0 0 is! •P EE Nt �E 0 0 ° ro H v i m a a t 0 ca C *r fa 0 CD 2 E y- E a 0 .zoa 1 a= a) a t y 1. What is your Organization Name? CCISD Public Education 3. Who is your target population? School aged children. 4 .+ H o c cu 0) 0 o 0 E D s 0 0 a tri Referral source for community resources. E 0) r =o �w a CO to F. 5 .E -0 co to v C ai i — a tea) °°d� CL co ._0 IX °a ° 6, .. �2 co o c..... u) 0 e i� o ''� z Z R -y ao C rz c .4 mi Cl) 0 E s t 0= 0�o H= Z� '►vim .` M en 0w0 0 �.a) T to - � i:z fu 4 a "Es a 14 co m ttl 1. What is your Organization Name? City of Corpus Christi Parks and Recreation What is your Organization's purpose? 0) a. 0. 0 0) E 0 0 (..) i- 0 16 uw 0 CI) 0) CD 0 ,N V 00) 0.. Who is your target population? cei Cradle to the grave. 4. How could the Commission on Children and Youth assist you? Connections, partnerships, and information. E a) 0 a) 0 Itt ti; 2 P. a x ErH` 4 T What is your Organization Name? Parks and Recreation 0 0 °.. h ■r y ta a"' E u) . 0) 0 H . co . vi H iv iv iv = -8 a) >, -a c (a .;.- •.• ca (.) es. En .! .-. 0R u = ` �+ Q .� o. u Z 0 0 0 "' _ 0 CU,� 0. w .0- _ _ t) E 0 p 6 = R0 16 4 .0 y - r W. 0■ '.." Dui � .E 0 0 .. 0 0. E G U L E °i ._ 0 Vi P U p .� F.) 0 ,. t" 4.' 0 0 .r. 0 0 •Z`3 5 = = '� 'b' 0 oa ..- >+ 5 _ _ x cc' „By) s h s 0 y- 0 a. _= c*i U () el ig _ > 0. cctexas.com T- N — '' :.R.. ' In _ •� 0) 0 .14 asc o Q. 0 t3 c � c Ca E eL E v w a W 0 N B7 0 a) co E E 0 U 0Ev 0 • to a) E s E� *� 0 0 E z �..! E 0 CO 11. U In 0. fl CD E z •ECo co i =9. to E cc z c 0 /R 0 C am ,o 0 0 m ,iA i tis NC CI- What is your Organization's purpose? E W c 0 c .5 to _ .o U a e 2" W 13 s cu (n E • a 0 ._ c � % Who is your target population? Children, adolescents, and adults. 4. How could the Commission on Children and Youth assist you? Help spread our services into community. (0 uT p 0 wE W Y/ L (7) 7. A ` . 0./2, E 0 c c o� v E c 0(0 (0o •_ CO CO N E V ■ 4. tit-0 cu 0� ' 0I N co X CO to 0E4) 0 •- �� o Es' st; • vo' � U� Uaz o c3 a) ' E >. L >4 S �E ..• ► 0 CA .` CIS id c� to a) 0 t c c cu to y E) tri 0 2 2 1.) vi 1:1 u 1 14 a 1' = — 0. = 0 11 . to co ,..1:3 le.. C" v 0 w D '� z C P. 5' c :LI 7) < : E) ,2 0 3.!? r. m o �� N 0 0 c I.. 6. En 0 E = (11 0 Y.). ,- 0 E 16 0 B c a) a7 ._ Communities in Schools CC INC. What is your Organization's purpose? 0 th .E w , L ci3 = s -5 •E 0 r .� .� 'a CO in (' C 0 0 ;F: CD 7.1 E (7) i�. Q i.- t° 0. acs ... = L 0 to 0 G v3 0 c > > co) 0 Providing social —39A— How could the Commission on Children and Youth assist you? By providing letters of support for grants that are written. a0 E a) a0 to >, -a .t.) -0 co co v a) u) 2%0 cu iut c a` c x cti 0L"- C a in 61 ,..) ,a wv.eq 6 E o Ti �1 1 ,0 ,0Xn. E ., co — c 13 (0 o of W0 —'�". 32 0 c? `' V ae H c C� v� "0 co c C d N .c o F.5 F.! am z-i ii 1 z Lu z p Q. ._ Q ._ L LU E ❑ L H z wrr �.' o 0 o c 0 N E 0 C o e o (1) to v) c •� so E co` CJ a) "ra E u a y U) .yew 43 SU 1 e k o tr. 0 y •� sc o L m oc� 9+ C •� c E E ,_ 113 0 ,C c L3 C CD s y i� a) 1 G3 - "0 g 7, E = 0� _/ it rw j . a .t G) c E r 0 c riot Ea) a c 0 ._ c 4.. 2 0 CD z g- u) o `� c v c .c -16 o • b- o a. N 0 c `� Q �� gi . E . .N �, r5 0 c ic v Q 0) = `cv g' D ` 0 �,� C° CI >- o 2 d E �+ �+ 2 0 >, - w �.' tV E 0 E w ,. 6 0 to g a) th 1.9 ,,,C X c° co to 0 s 0iu .c 0 = = at 0402av u _ 2 LA U3 LU 0 r H C 1:3 CC I. 0 C 0 0 c .1 0 E W 0 0 C ~ vJ 0e 0 •� y C y oo~ U a+ z a w E a o E 0 D a cis u) tra N .y E 0 fa S, Ida ,S L � 0•Cc o E L" L"o E b 0 .S. r. Iss What is your Organization Name? MH M R- Youth Services Provide mental health services. Who is your target population? Children ages 3 to 17 with a mental illness. How could the Commission on Children and Youth assist you? Make referrals; provide information on children's resources Its E 0) vc ( .. c o CA 4" r w CL 0. ''''''c 0 0 It !U i E 2= tto =-a a`� 4.0 c i. 0 c E `o c0 q > a� 0-0 c>c to v ig =o _18;``°�E in 0 .2 cli x cc( 't 2 Monday- Friday 0E8 i%. 117; 0 0 >+ H ..- . y is E EE = � .. CD .5 ick a a�E ft - 0 al p. £ ) E 'aa "8 ca me p~� moo u. c% in C3 . 0 0 c.,. 0 >.. _ = — � , E 0 H eli < 'E ra..., EL..= .L1 .11 a t... . co . D. z 0 c IT) �■ e0 0. C:2 C3 = 0) RS 0. _ E. 0 1 0 o0 6,`p` are z a. ° 0 a eh Eo >, 0 'S 15 it) RI .... e: ui 2 w .— w 8 CA Ut QH �w 0) 4 0 Q J in ce .CG . .5 0 D �v •N > ■N W " yr E Luz; Z w a) = O N x W 0 CO.NUECES.TX.US c u) E u) = c3 W g.0 Q t C3 a 0 cu 0 5 0 z or L1! u E 1 r c► Q zE ��� >` 0 L =3- L C . J4�J E .yb`� 2 0 a — = ix 0 a ..1aain ul a •� t tpa. �°, 0) a, < a s- Q >,2 Qn- inc Q. 0 -0 ... . .0 m e` = (0 tr 0 0 W it 0 MC) r� w0 .z .�r z . a.. r rt O z . 4). c4 V a= 1.... .O v� 1 r 0 0 o E a) to L a) 0 m� s 0 O 411 2 0 Z is E. = as a E iz >, 6 u E = 0 .4 9 4.,+ 0 as •ra = 14 = 5 0 4h 0) 0 co to a) O a) 0 CL Z•c N� E a _. °o acu E z 0 v 3= � L p= 6 to 4.. c -_ >,,0 --4 -0 ,U) ti .5. 0 iti H e. N N 0 E>,.. RI 4... 14`) .0 E Z2 t, co a V cZ _ 0 : 0 t E ,y >� Q L O •— -. ._ 0 E Ui - 0 CD cu co C, cu 0 Who is your target population? Parents and their children. How could the Commission on Children and Youth assist you? _ ra s E E as E v 0 v ow 0 `a a) "a a) td 'a ra . •.. 0 �, . . ao IA 0� c '`+ a. 4) ;a co v co v 8 l'S 2 ... to a) C = a) 0 E •2 i" ` d O O Z 0 04 CD ic)17 C.4 } L °Li E rr.l.1'." .0 x m 0)IIACW 8 0 in _ r Q 150 cam vaUtotv-12 z E s 40 ,■- 0 C1 E Z D ! � .D Z y Vi C � RS 0 E i izz sir E o wa o E a) 0 D z: y co `r7)1 2 = to .., 4.. L3 ` Z 0 D R .CD Cr 47. �4 a= N � a co Lao � ��i 0 c 0 vu,.: -.4.- D ' ■C ry t e. D itt 0 .r.. C� ti E 0 C, RS � 0 c Z X. to p a) E '- A-. . o: 13 `1 E D ..mca C a) m e, .2 of (...) What is your Organization Name? Fighting to Rid Gangs in America What is your Organization's purpose? 'youth, Drug Prevention, and Education Who is your target population? Youth between 6 - 18 years of age and their families How could the Commission on Children and Youth assist you? E a) rD c0 ra C.) D CO 4' 7, ` 0. LI .D C1 .0 D —� E` 0 +o r= c � c c o u E L � o c V3 .= (1) w 0 0 z z L3 z z D E V D 'i a o' CY a) sr. e 7, E 1 +#r co o U) 0 a t.2, -c N RI ti) l 0 ,c 'Q a �A U 2 m D t t >, C D r. y >. ;b s: •i D C E V C '13 :2 imc ti) v) What is your Organization Name? >+ 00 s as r rri = ' L o V c 0 cc 0 c c,• w 1 y c co 0 P. Z ear I .... `'a 3 c. = o D o = CI) o = a ' 03 = � � 7 O 75 U) E a aE D = ti w Q ■r = i 0 > D) '�, c) 0 = a ca 0 L ( L E - D o 0 YI c o a. =al •! co ran ; c) a „c 0 0 z r a: = _i p 1 N -4Q,g- Resource listing. E 0) v) 3 L 0 C.)o y >, CL 0 .0 OS o `~ ■- D RS IN E D ac c t). cu diw ` aj2 t3 E L � D C co c D (a 0. . as U z w z 0 11-72 e 0 z c U E : Nr az '-U ° c U 0 0 U 0 0 U U � Lu Lu U z zit ui 0 V 0 cs) yz ra ww'' y D O cp U �+ z E h v 0 C es to 0 0 to CD CD 0 vi.° co) °2 ca m o c °w E 0 z a C. at a) 1 What is your Organization Name? Nueces County Community Action Agency What is your Organization's purpose? Community Action in Healthy Marriages Who is your target population? Premarital couples. Cs- 0 N .Owy= co h = y H ca _ � c Ns a •w ..rr H 11 CL Q, z 0 C] 0 *' 0 to ` c E AE ,0 0 n C a c �`+? yC rts H E U 63 to E " ` !u O 0 0 c w 0 _ 0 L 6. i�l �..E C = C ,C 'tr 117 .. C ;� "°+y �N. CCU 0 = 0 C OC E '° r 7y ...� 2 zd go�;k 0 a. 0 r U .R ZZ _ I 'fit 6 0 Q E C c i ,• '02 0 Z c .P. ri 2 co 0.2 E s t E y E z 0 i u Ns a a) Zo E 0 >, EVE >,- �► 0 ,F,,, D 0 2 z = v, 0►7. RL [n y Q� 0 .c c c Qs go U) O E Z 0 0 C •� L L. 0 0C CD t0 3 C tea r , CU E 0 c) to 0 0 c uu a ,,..0 ..I z3 .y Rt •' ■w E wm c cc 0 cn • ,9- vi 0 u. E r ma .Eco cc U E'er t' Bc0 .� 0 ni i 9 at ur Organization Name? Flour duff Special Education- HS Transition Prog. What is your Organization's purpose? N 0) 0) U cp 0 "fa 0 cu 0 "S o. 0 0. Qi fa _ . co y L � :0 2 0 •- 0 w 0 0. 'a r —403; High school students with disabilities. How could the Commission on Children and Youth assist you? Information on resources for youth and families. .rte (0 E 0 t%. ca .v.0 (L).4701 Ct.a y. 0 0 .�..� ; c E0 c0 •0 0 .w t co w c C E ' 0 L C i 0 y r u) 0 - . = I- cl g. (.453 U w 2 = 1 0 1 LL 0 0 0 C ■0 a 0 N o 0 w fa co E E 0 z 1 0E y E 3 r1•.1 E r�l+�. L3 y Der. M Ca 0 02 F.-. CD CO E t CD 0 2. e 13 • c C [b nc 0 •M .0 0 a= What is your Organization Name? Girls Scout of Greater South Texas What is your Organization's purpose? Who is your target population? Girls K -12 0 0 C 0 L 0 0 0 0 •_ E E 0 a 0 U 0 Help promote Girl Scouts. C 0 Z a a) uc a0 E 0) 0 0 0 a 0 E L � co r� �F 0 t5 0 0 uci S o C RS U Z E c (1f 0 -+ E E 0 0 0 03 N tir 0 2 E 0) 1 a) .0 2 .0 0 0) 0 0 0 o X U E 0. 0 cf, 0 E 15 0 Q L _ to E KEDT EDUCATION Community Based Organization Survey Questions E 'V) ▪ b z .c�E ° o y 0 h/■� „, rrww /V Rs to wi .ip. tb� E • ra ED. • a • to I CD a b 1) T� r . cam° a) 32 t 1. What is your Organization Name? KEDT Education What is your Organization's purpose? 0, ict c.3 ots cn z1-7 rr0 c1 ! c c E .E E co u Who is your target population? How could the Commission on Children and Youth assist you? Let community know of our services. o ... -a 0 .c ▪ c 0 z (0 -0 z � t z o Ca o E LU r_ 2 2 izE �]. E E 0 O • Tao . 0(s a E on '%1?) T)) • C� u o a co ° to d o:1 t 112 E tri v) • m E t▪ i iv) ti Av`i ' E w 49, a' E la y ( 53 R .0 4,2 t.--) U) � Ce M ova .' g a a ( ✓ e i a, ' ■ oc rwr. a .• 2). E CZ • 5 w y d u c O. • iC 4 N 6 E .0 0 .E I = to N• CU ( (n c ca c • 0,3 C CU 7//) a) ,cm > H •0 53 il .r ■r O w c ._ E = c '0 c, P2 . a =0 0 , ,,,, cc 0. L o � E a) � o .c. z .- c (5 c ._.c 66* I,' (7, .0 w .ti .. 0 ■O ,0 .0 Z3 7 H c ur 1 n a�i .i p .° E 0 C C V ■m 0 r"1 �a7 a. _ E o " ra co = as ,aa r 0 -c �, 0. 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Relations Name Title /Position Organization 1. Monica McLeod - Sawyer Chairperson Adv. Committee on Community Pride BACKGROUND: At the Regular Meeting of the Advisory Committee on Community Pride on September 28"', 2009, the attached logo was selected as the committee's preference for the Community Pride Initiative. This logo will be used in the promotion of community -wide clean -up events and will also be placed on the recycling containers that Solid Waste is in the process of ordering in preparation for once a week trash collection, which will begin in May of 2010, as approved by Council during the budget process for the current fiscal year. The logo includes the sun, along with the universal recycling symbol along with a depiction of a citizen throwing a piece of trash away. The campaign will be called PRIDE - CORPUS CHRISTI. This Togo was chosen from more than 28 logos submitted by the community for consideration. Also attached is "Corpus Gus", who is the brainchild of local resident CE "Ellen" Fehrenkamp. Ms. Fahrenkamp submitted "Corpus Gus" for logo consideration, but the committee thought it more appropriate to utilize "Corpus Gus" as a mascot for the program, similar to Toby Globy. This is a local creation, from a local artist that the committee thought was appropriate and represented our community well. REQUIRED COUNCIL ACTION: No Council Action is required. This presentation is being given for review and discussion of the lo. o - d. as of selections. udy D. za Intergovernmental R rudyga©cctexas.com 361 - 826 -3082 PowerPoint ❑ Supplemental Information Z -411- ns Director -413- 31 NO ATTACHMENT FOR THIS ITEM �,',�� :• ?iii U1i �?' 1: ';(r",R' • L ti + +• Vii+ - -: -.:j::.�M1i::y -,,: - ♦�c -'1• - ' -: :ii�: ..: ,