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HomeMy WebLinkAboutAgenda Packet City Council - 10/20/2009• 4104':.'4a. .a ctober 2.00, 200 11:45 A.M. - Proclamation declaring October 24, 2009 as "Get Up & Out! Play Day 2009" Proclamation declaring October 25 -27, 2009 as "C.A.R.E. Campaign Days" Proclamation declaring the week of October 25 -31, 2009 as "Pro Bono Week" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 20, 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 Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espanol en todas las juntas del Concilio pare 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 Mr. Ceven C. Cullens, Business Manager, Real Life Fellowship 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 Tern John Marez Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting October 20, 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 October 13, 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 listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive session under 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 pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal or a public officer or employee or to hear a complaint or charge against an officer or employee. 4. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008 - 1473 -UCR, SOAH Docket No. 582 -09 -1170, with possible discussion and action in open session. 5. Executive session under Texas Government Code Section 551.071 regarding San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, Cause No. 08- 5366 -G in the 319th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. Agenda Regular Council Meeting October 20, 2009 Page 3 G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 6. a. Resolution authorizing the City Manager or his designee to accept a grant of $174,439 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to fund a public health emergency response 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 September 15, 2009. (Attachment # 6) Agenda Regular Council Meeting October 20, 2009 Page 4 7. 8. 9. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $174,439 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a public health emergency response program relating to a plan for responding to an act of terrorism. (Attachment # 6) a. Resolution authorizing the City Manager or his designee to accept a grant of $845,500 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) program, based on an $11.81 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of grant agreement to begin October 1, 2009. (Attachment # 7) b. Ordinance appropriating a grant of $845,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children (WIC) program, based on an $11.81 reimbursement for each participant served. (Attachment # 7) a. Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and ratifying acceptance of grant agreement to begin October 1, 2009. (Attachment # 8) b. Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide essential public health services. (Attachment # 8) a. Resolution authorizing the City Manager or his designee to accept a grant of $84,729 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment # 9) Agenda Regular Council Meeting October 20, 2009 Page 5 10. 11. 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $84,729 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide tuberculosis prevention and control services. (Attachment # 9) a. Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment # 10) b. Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. (Attachment # 10) a. Resolution authorizing the City Manager or his designee to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to provide flu testing and to execute all related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment #11) b. Ordinance appropriating a grant of $5,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide flu testing. (Attachment # 11) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a Weed & Seed grant in the amount of $142,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). (Attachment # 12) b. Ordinance appropriating a $142,000 grant from the United States Department of Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community FY 2009 -2010 in the Federal /State Grant Fund No. 1067. (Attachment # 12) Agenda Regular Council Meeting October 20, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. Ordinance appropriating $400,000 from U. S. Environmental Protection Agency in the No. 1071, Community Enrichment Fund for a three year community -wide Brownfields Assessment Program. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a construction contract with Teal Construction Company of Corpus Christi, Texas, in the amount of $673,010 for the Parks Operation Maintenance Facility at West Guth Park for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors, Inc. of Corpus Christi, Texas, in the amount of $376,642.10 for the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base bid. (Attachment # 15) 16. Second Reading Ordinance - Authorizing the City Manager, or his designee, to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of an additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; and providing for publication. (First Reading - 9/22/09) (Attachment # 16) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17. Ordinance amending the Code of Ordinances, Section 53 -109, by allowing limited operation of a golf cart on public highway of not more than 35 miles per hour, pursuant to Section 551.404 of the Texas Transportation Code; providing for penalties; and providing for publication. (Attachment # 17) Agenda Regular Council Meeting October 20, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: (To be considered at approximately 1:30 p.m.) Public comment will not be solicited on Presentation items. 18. Refinery and Petrochemical Industry Presentation (Attachment # 18) 19. State of Texas Artificial Reef Program, by J. Dale Shively, Program Coordinator with Texas Parks & Wildlife (Attachment # 19) 20. Change in Fiscal Year Update (Attachment # 20) 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: 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. Agenda Regular Council Meeting October 20, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 ',kJ: (` C p.m., on October 15, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 J'MY CC- 4 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 October 13, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tern John Marez Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick 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 Rabbi Kenneth D. Roseman, Congregation Beth Israel and the Pledge of Allegiance to the United States flag was led by Council Member Mark Scott. 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 29, 2009. A motion was made and passed to approve the minutes as presented. Mayor Adame announced the executive sessions, which were listed on the agenda as follows. Mayor Adame also announced that he and Council Member Chesney would not be attending or participating in the discussions related to Item No. 2: 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. 3.1. Executive session under Texas Government Code Section 551.072 to deliberate the purchase of real property, since the deliberation in an open meeting could have a —1— Minutes — Regular Council Meeting October 13, 2009 — Page 2 detrimental effect on the position of the governmental body in negotiations with a third person. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * ** *** * Mayor Adame referred to the presentations on the day's agenda. The first presentation was Item No. 28, annual update by the Port of Corpus Christi Authority. Mr. Frank Brogan, Deputy Director, Port of Corpus Christi provided an overview of major port projects and initiatives including the Inner Harbor Cargo Facility Expansion (Northside Terminal /Cargo Dock 9 and 10) which includes the paving of additional storage areas; Wind Turbine Shipments, Joe Fulton International Trade Corridor — Phase II includes rebuilding the remaining part of Navigation from the old Lift Bridge to the Grain Elevator; Strategic Military Port; Las Brisas Power Plant as the anchor customer to allow for renovation and expansion of the Bulk Terminal; extension of La Quinta Channel to serve the container terminal and multi - purpose terminal; and Panama Canal Expansion to be completed in 2014. John LaRue, Executive Director, Port of Corpus Christi spoke about two major projects of major significance to the port and the region: La Quinta Trade Gateway and Naval Station Ingleside. He stated that the Port secured an agreement with Zachary American Infrastructure for the development of the terminal. He stated that the La Quinta site is approximately 1,100 acres, owned by the Port and was purchased in the 1990's. Mr. LaRue mentioned that Tianjin Pipe Corporation is a $1 billion dollar investment and is the fourth largest oil and gas pipe manufacture in the world. He stated that Naval Station Ingleside will revert to the Port in April 2010. Council members asked questions regarding the customers from La Quinta and the projects costs; mixed use; percentage of container traffic; increased tariffs on existing industry; addition of the port of corpus christi navy fleet; coast guard safety; operation and maintenance costs for the security boats; concessions with industry regarding security issues; amount of revenue generated from Wind Energy, TPCOA and La Quinta; increased traffic and widening of the port; status of Tianjin Pipe project; total number of fleet; and the business plan or justification and security model for the security improvements Council Member Scott asked for the business plan for the security modeling, estimated increase in tariffs, and if available, the business model for the expansion of La Quinta. Mayor Adame referred to the second presentation Item No. 29, a quarterly report by the Commission on Children and Youth. Dr. Mary Jane Garza, Chairperson recognized the members of the commission. During her report, she stated that the two major projects of the commission are the Community Connections Event and the Data Base Project (GIS Model). She added that the commission participated in the "Drop Out Summit ", and is looking at legislative action regarding bars near public schools. —2— Minutes — Regular Council Meeting October 13, 2009 — Page 3 Council Member Martinez thanked Dr. Garza for her leadership, the committee and staff. Mayor Adame referred to the third presentation Item No. 30, regarding the Logo Selection and Mascot for the Community Pride Campaign. Mr. Escobar recognized Ms. Angela Rowe, as the Interim Pride Program Coordinator. Mr. Rudy Garza, Director of Government Affairs provided an update from the Community Pride Committee on the selection of their Logo which depicts a citizen through a piece of trash. Mr. Garza announced that committee chose "Corpus Gus" as their Mascot to reach out to children which is the rendering of local artist, Ellen Fehrenkamp. Evonne Gottsch, Chair of the Marketing Committee announced that the Committee will begin marketing through flyers, billboards, PSAs for the event scheduled for November 14, 2009. She added that the logo will be utilized in the promotion of community -wide clean up events and will be placed on recycling containers. Mayor Adame announced that Item No. 31, a presentation by the Refinery & Petrochemical Industry was being postponed. * * * * * * * * ** Mayor Adame then opened discussion on Item No. 25, a 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. Ms. Irma Caballero stated that this is for a business incubator, which grants $1,500,000 for the costs of rehabilitating existing improvements and constructing the business incubator at 800 Ayers, including the purchase of fixtures, furnishings, equipment, and personnel and personal property. Ms. Caballero stated that they are seeking additional funding from the Department of Commerce's Economic Development Administration. The Texas Legislature has provided $1,000,000 and $567,000 has been provided by Mr. Dusty Durrill for the building and land. Texas A &M University will provide for start up costs and the Chamber of Commerce will provide the center with rent free in the interim. Dr. Trent Hill stated that the Texas Legislature appropriated funds to create the business innovation center and that they will be applying for an EDA grant for matching funds. Once they have received approval of the EDA grant, there is a nine month period for the renovations. Mr. Rick Bell explained that the State mandate is that they have 10 clients by September 1, 2010 and 25 clients the year after that. Currently, they have 8 clients, 7 resident clients and 1 affiliate client. They are in the process of finalizing some lease issues and hope to move in clients next week. Ms. Caballero commented on their performance requirements. She added that the corporation will not reimburse any eligible expenditures until the University has obtained all funds needed to complete the rehabilitation of the facility. —3— Minutes — Regular Council Meeting October 13, 2009 — Page 4 In response to a question from Council Member Marez, Dr. Hill stated that the incubator program takes clients who have new and innovative business ideas or services that do not already exists in the area and have a potential for job growth. Mayor Adame called for public comment. Abel Alonzo thanked the economic development department and expressed his support for this project because of the job creation. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 028347 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * ** * Mayor Adame called for consideration of the consent agenda on Items 5 — 20, and Council Members requested that Items 19 and 20 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2009 -283 Motion approving the purchase of 5,300 feet of 8 -inch wrapped steel pipe in accordance with Bid Invitation No. BI- 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 (CIP) Funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —4— Minutes — Regular Council Meeting October 13, 2009 — Page 5 MOTION NO. 2009 -284 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 11/2-inch 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye:. MOTION NO. 2009 -285 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 8.a. RESOLUTION NO, 028330 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 028331 Ordinance appropriating $42,536 from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance -5- Minutes — Regular Council Meeting October 13, 2009 — Page 6 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. 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 ". 9.a. MOTION NO. 2009 -286 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.b. ORDINANCE NO. 028332 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. 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.a. MOTION NO. 2009 -287 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.b. ORDINANCE NO. 028333 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 —6— Minutes — Regular Council Meeting October 13, 2009 — Page 7 contributicn to grants and appropriating it in 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'. 11. MOTION NO. 2009 -288 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12.a. RESOLUTION NO. 028334 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12.b. ORDINANCE NO. 028335 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. 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 ". 13.a. RESOLUTION NO. 028336 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. —7— Minutes — Regular Council Meeting October 13, 2009 — Page 8 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13.b. ORDINANCE NO. 028337 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. 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 ". 14.a. RESOLUTION NO. 028338 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 Interlace! Agreement to provide recycling and anti -litter education. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.b. ORDINANCE NO. 028339 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. RESOLUTION NO. 028340 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting October 13, 2009 — Page 9 16. ORDINANCE NO. 028341 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. 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 ". 17. RESOLUTION NO. 028342 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18. ORDINANCE NO. 028343 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item No. 19, regarding a contract with Jacobs Engineering Group for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services. In response to Council Member Scott, Mr. Pete Anaya, Director of Engineering Services stated that Jacobs Engineering Group has specialized airport related experience, and that LNV Engineering will assist with civil and construction observation In response to Council Member Leal, Mr. Escobar stated that engineering contracts state a 75% local participation; however, on TxDOT or FAA contracts those requirements do not apply because it is not allowed by federal government. He added that all CIP or bond projects also state 75% local participation unless a waiver is requested. Council Member Marez asked if engineering firms that are awarded city contracts are required to have national accreditation standards, and Mr. Anaya stated that they are in the process of reviewing this issue. City Secretary Chapa polled the Council for their votes as follows: —9— Minutes — Regular Council Meeting October 13, 2009 — Page 10 19. MOTION NO. 2009 -289 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 $75,400 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item No. 20 regarding an amendment to the Corpus Christi Business and Job Development Corporation's agreement for business incentives to Turner Industries Group. Irma Caballero, Director of Economic Development stated that on December 11, 2007, the council approved the performance based agreement granting $1,850,000 in business incentives to Turner Industries for the capital investment of $10,000,000 and the creation of 185 jobs for a five year term. She stated that on September 21, 2009 the city received a letter from Turner Industries requesting a time extension to their performance requirements due to a one -year delay. She added that Turner Industries has spent $6,000,000 to date on the project, it does not include final construction of the shop, landscaping costs, or the construction of the administrative offices. She added that the contract is not being extended. They are taking the first year's performance requirements because of the delays, and they are compressing the performance requirements into the remaining four years. Mayor Adame called for public comment. Abel Alonzo express his support for this project; Dennis Berry expressed his opposition to this project. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028344 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo, "Absent ". * * * * * * * * ** —10— Minutes — Regular Council Meeting October 13, 2009 — Page 11 Mayor Adame referred to Item 4 and the following board appointments were made: Clean City Advisory Committee Daiquiri Richard (Beautify), Reappointed Commission on Children & Youth Lt. Tara Rene Martin, New Appointment Community Youth Development (78415) Program Steering Committee Belissa Perez (Youth), New Appointment Belinda Mendiola (78415) New Appointment Ethics Commission Linda Figueroa, Reappointed Melvin Bohannon, New Appointment Jennifer Dragoo, New Appointment Museum of Science & History Committee Dr. Robert Hatherill (Friends), Reappointed Linda Torno (CCISD), Reappointed Dr. Jonda Halcomb, Reappointed Pablo Garza, New Appointment Nueces County Tax Appraisal District Robert Adler (Place 3), Reappointed Sandra Billish (Place 4), Reappointed (Note: Council Member Adler abstained on this vote) Regional Health Awareness Board Patty Clark, New Appointment Senior Companion Program Committee Heidi Janicke, New Appointment Sister City Committee Brenda Williams, Reappointed Drue Combs, Reappointed Alan Thornburg, New Appointment Yoshiko Boulan, New Appointment Donald Russell, New Appointment Samantha Sandate, New Appointment * * * Mayor Adame called for Petitions from the audience. Brady McNulty, invited the council to a presentation on Monday, October 26, 2009, at 6:00 pm at Del Mar College (East), Room 132, regarding the potential health and environmental impacts of coal or petroleum coke fueled power plants; Jerry Garcia, spoke about the funding for projects in the Westside area. Council Member Scott asked staff to schedule a meeting with Mr. Garcia to discuss and resolve the issues regarding the funds distributed in the Westside area. Wilson Wakefield, 6026 Killarmet, spoke in opposition to Las Brisas Project; Abel Alonzo, spoke in support of Las Brisas project; Bill Mills, spoke about speeding in a school zone area on Parade Drive and vehicles traveling in a wrong direction; Unidentified Citizen, spoke about the retirement system and payment of sick leave and sewer lines in his neighborhood. * * * * * * * * * * * ** Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: —11— Minutes — Regular Council Meeting October 13, 2009 — Page 12 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 McArdie Road, approximately 1,040 feet from Staples Street. City Secretary Chapa stated that the Planning Commission and staff recommend approval of the "B-4" General Business District. Faryce Goode - Macon, Interim Director of Development Services provided a brief overview of the subject property and zoning change request. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028345 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. 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 Item 22, and a motion was made, seconded and passed to open the public hearing on the platting ordinance fee exemption. Mr. Johnny Perales, Interim Assistant City Manager explained that this is related to London Independent School District's proposed expansion of their complex on FM 43, south of Oso Creek. Mr. Perales stated that platting of that property requires that they pay certain fees as outlined in the Platting Ordinance; those primary fees are water, and wastewater lot or acreage fees. He stated that London ISD has access to city water, so the water acreage fees will be paid; however, they are beyond the limits of the city's wastewater service, with the nearest wastewater service being about 1% miles to the northeast, at the intersection of FM 43 and State Highway 286 extension. He added that the platting ordinance provides for administrative relief, where the applicant can request a variance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: —12— Minutes - Regular Council Meeting October 13, 2009 - Page 13 22. ORDINANCE NO. 028346 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. 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 No. 23, regarding service agreements for temporary staffing services. Mike Barrera, Assistant Director of Financial Services provide a brief overview including the benefits of centralized temporary service contracts; insurance coverage; cost containment strategy; temporary agencies currently providing services; request for proposal process; positions under contract; cost analysis; and the recommendation of group awards to Unique Employment Professionals, L.K. Jordan & Associates, Advance'd Temporaries, Inc., Express Employment Professionals, and Manpower Professional Services, Inc. In response to a question by Council Member Leal, Mr. Barrera stated the hourly rate varies based on the position. He added that there is a savings in using temporary agencies because there are no insurance costs, TMRS, and other benefits paid to full time employees. Council Member Martinez asked what is the percentage of temporary employees working for the City of Corpus Christi, and Mr. Barrera stated for a three -month period, there is approximately 470 employees. Mayor Adame called for public comment. Mrs. Bradford with Unique Employment Professionals, spoke about the pay rate vs. benefits and asked council to consider the unemployment and injury risk, and claims management. Norma Ochoa, Branch Manager, - Manpower, spoke about the advantages of using temporary services. City Secretary polled the Council for their votes as follows: 23. MOTION NO. 2009 -290 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 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. —13— Minutes — Regular Council Meeting October 13, 2009 — Page 14 Unique Employment Professionals Corpus Christi, TX $5,195,046.77 Advance'd Temporaries, Inc. Tyler, TX $42,176.74 Manpower Professional Services, Inc. Milwaukee, WI $35,556.55 L.K. Jordan & Associates Corpus Christi, TX $523,255.32 Express Employment Professionals Corpus Christi, TX $137,292.38 GRAND TOTAL: $5,933,327.76 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Leal, voting "No "; Kieschnick, "Absent ". Mayor Adame referred to Item No. 24, regarding the 2009 Property Tax Levy. Ms. Constance Sanchez, Interim Director of Finance stated that this is the last step in complying with the Truth In Taxation requirements and formal approval of the certified tax levy. She stated that Section 26.09(e) of the Texas Property Tax Code requires the tax assessor collector to submit the certified tax levy to the governing body for approval. She stated that the City received the certified levy from the Nueces County Tax office on September 29, 2009. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2009 -291 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye "'; Kieschnick and Scott, "Absent ". Mayor Adame referred to Item No. 26, a Memorandum of Agreement with the Texas Commission on Environmental Quality. Peggy Sumner, Environmental Services Director stated that this to provide for emergency use of space at the Corpus Christi International Airport in the event of a disaster There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: —14— Minutes - Regular Council Meeting October 13, 2009 - Page 15 26. ORDINANCE NO. 028348 Ordinance ratifying the execution of a Memorandum of 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, voting "Aye "; Scott, "Absent ". Mayor Adame referred to Item No. 27, regarding a grant for the development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. Oscar Martinez, Assistant City Manager explained that this is for the appropriation of the first $250,000 of the grant to continue the work, complete the conservation strategy to be submitted to the Department of Energy by December 2, 2009. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. ORDINANCE NO. 028349 Ordinance appropriating a $250,000 grant from the Department of Energy in the Fund No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. 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 ". 27.b. MOTION NO. 2009 -292 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Supplemental Item No. 27.1, regarding a deferment agreement with Senior Quality Lifestyles Corporation. Mr.Johnny Perales, Assistant City Manager explained that this is a multi -part item for the development of an assisted living center located at south Timbergate and Staples. The planning commission approved the zoning on September 30, 2009. He added that this is the first project where they are using —15— Minutes — Regular Council Meeting October 13, 2009 — Page 16 the new multi- tasking approach of rezoning, platting, civil design and construction, and building plan review, all concurrently. They are proposing a deferment agreement which will allow them, upon posting an approved financial security for the public improvements, to go to plat recordation immediately. Council Member Martinez requested that staff provide the balance in the four trust funds and the pipeline. Mayor Adame asked the total amount of the investment, and Mr. Dave Brown, Developer responded $78,000,000. Mr. Brown added that the process through the Development Services department has been excellent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.1a MOTION NO. 2009 -293 Motion authorizing the City Manager to execute a Deferment Agreement with Senior Quality Lifestyles Corporation, (Developer), in the amount of $1,701,298.59 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. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting, "Aye "; Adame, "Abstain ". 27.1b MOTION NO. 2009 -294 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. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting, "Aye "; Adame, "Abstain ". 27.1c ORDINANCE NO. 028350 Ordinance appropriating $32,321.91 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Senior Quality Lifestyle Corporation, forthe extension of an 8 -inch collection line, including all related appurtenances for development of —16— Minutes — Regular Council Meeting October 13, 2009 — Page 17 The Village at Timbergate Unit 1, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting, "Aye "; Adame, "Abstain ". 27.1d MOTION NO 2009 -295 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. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting, "Aye "; Adame, "Abstain ". Mayor Adame announced that at the Del Mar College Board of Regents meeting they voted to participate in the downtown tax increment reinvestment zone. He also announced that the Marina received the "Marina of the YearAward "and the "Clean Marina of the Year Award" for the State of Texas. * * **** * * ** ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:13 p.m. on October 13, 2009. —17— NO ATTACHMENT FOR THIS ITEM -21- NO ATTACHMENT FOR THIS ITEM -25- 4 NO ATTACHMENT FOR THIS ITEM -29- 5 NO ATTACHMENT FOR THIS ITEM -33- 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $174,439 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT, AND OTHER EXPENSES TO FUND A PUBLIC HEALTH EMERGENCY RESPONSE 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 SEPTEMBER 15, 2009. ORDINANCE APPROPRIATING A GRANT OF $174,439 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY RESPONSE 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 $174,439 to facilitate 2009 Novel H1N1 pandemic influenza planning and response functions. These funds will enhance systems, structures, staffing, and equipment to support H1N1 response functions in the areas of mass vaccination, influenza surveillance and epidemiology, laboratory testing, risk communications to the public, public health informatics and countermeasure delivery. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding. Annette Rodri uez, MM Interim Director of Public Health annetter cctexas.com 361 - 826 -7205 —37— BACKGROUND INFORMATION The Texas Department of State Health Services has awarded a grant to facilitate 2009 Novel H1N1 pandemic influenza planning and response functions. These funds will enhance systems, structures, staffing, and equipment to support H1N1 response functions in the areas of mass vaccination, influenza surveillance and epidemiology, laboratory testing, risk communications to the public, public health informatics and countermeasure delivery. This contract requires no matching funds and will assist the Corpus Christi - Nueces County Public Health District professionals in protecting our citizens during the current Novel H1N1 pandemic. This contract requires no matching funds. The contract period is from 9/15/09- 7/31/10. —38— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010- 033459 (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 (CITY) (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 $174,439.00, 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 09/15/2009 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: 92648 -I a. Core Contract (this document) b. Program Attachments: 2010- 033459 -001 Community Preparedness Section / Public Health Emergency Response (PHER) — Focus Area 2 c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits -39- 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: 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 -40- 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 (CITY) 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 -41-- A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $174,439 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT, AND OTHER EXPENSES TO FUND A PUBLIC HEALTH EMERGENCY RESPONSE 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 SEPTEMBER 15, 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 $174,439 from the Texas Department of State Health Services for personnel costs, equipment, and other expenses to fund a public health emergency response 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 September 15, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 12, 2009 Eli /eth R. Hundle As stant City Attorney for the City Attorney EHres249.tloc —42— 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 —43— AN ORDINANCE APPROPRIATING A GRANT OF $174,439 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY RESPONSE 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 $174,439 received from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide a public health emergency response 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: October 12, 2009 Eliz i0-th R. Hundl Assi ant City Attorney for the City Attorney EHord272.doc —44— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord272.doc —45— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $845,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.81 REIMBURSEMENT FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN OCTOBER 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $845,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.81 REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women as well as infants and children. This program is known as the Women, infants and children (WIC) program. Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). Based on a reimbursement of $11.81 for each participant, the attached budget reflects the operational needs of the WIC program for fiscal year 09 -10. This is a non - competitive grant with neutral budget impact. 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 approve and appropriate funding for the continuation of nutritional and individual counseling services to low income women, infants, and children. Annette R dr uez/ .P.HH Interim Director of Public Health annetter(acctexas.com 361 - 826 -7205 —49— BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that is successful in improving the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item renews the current contract with the Department of State Health Services to provide services to low income women, infants, and children. The contract will begin on 10/01/09 through 09/30/10. The main goal of the WIC Program is to educate mothers about proper nutrition for their babies and young children. The WIC Division serves an average of 6000 WIC clients per month. —50— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010 - 033567 (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 (CITY) (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 $845,500.00, 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 10/01/2009 and ends on 09/30/2010. 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: 2010 - 033567 -001 NSS -WIC LOCAL AGENCY -NOIMM 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 —51— 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. 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 (CITY) 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 Con spo —52— roved as to — CV,e , ,, City Attorney Attorney A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $845,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.81 REIMBURSEMENT FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN OCTOBER 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 $845,500 from the Texas Department of State Health Services to provide for the Women, Infants, and Children Program, based on an $11.81 reimbursement for each participant served, and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin October 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 12, 2009 ),A Eliz -$th R. Hundley Assi ant City Attorney for the City Attorney EHres250.doc —53— 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 —54— AN ORDINANCE APPROPRIATING A GRANT OF $845,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.81 REIMBURSEMENT FOR EACH PARTICIPANT SERVED; 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 $845,500 received from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children Program, based on an $11.81 reimbursement for each participant served. 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 12, 2009 Eli = eth R. Hundl As ' tant City Attorney for the City Attorney EHord277.doc —55— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord277.doc —56— 8 AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 1, 2009. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $202,923 to provide funding for public health services. The contract provides the Health District with financial assistance for expenses to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. The contract period is from September 1, 2009 through August 31, 2010. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY08 -09. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of public health services. —59— xv At/ Annette Rodriguez,`M'P.H. Interim Director of Public Health annetter@cctexas.com a 3b1 - 6 -720b BACKGROUND INFORMATION This item is a grant that has been provided to the Health District from the DSHS for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local jurisdiction's abilities to provide essential public health services. The grant provides for six staff salaries. Activities supported by this funding include provision of laboratory and environmental health services, diagnosis, investigation, and surveillance and prevention of communicable diseases, and community health education. No matching funds are required. —60— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010- 032828 (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 (CITY) (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 $202,923.00, 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 09/01/2009 and ends on 08/31/2010. 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: 2010 - 032828 -001 RLSS -LOCAL PUBLIC HEALTH SYSTEM c. General Provisions (Sub- recipient) d. Solicitation Document(s). N/A e. Contractor's response(s) to the Solicitation Document(s). N/A f. Exhibits attached. 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 —61— 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. 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 (CITY) By: Signature of Authorized Official Date Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET By: Signature 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 Co za astofonw spo,dence 92648-I —62— Assi< Id City Attorney e... nx., MMw..neu A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 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 $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin September 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 12, 2009 Eliza-= h R. Hundle Assi ant City Attorney for the City Attorney EHres251.doc -63- 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 —64— AN ORDINANCE APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; 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 $202,923 received from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide essential public health services. 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 12, 2009 Eliz f-th R. Hundle Assistant City Attorney for the City Attorney EHord278.doc —65— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord278.doc 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $84,729 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $84,729 FROM THE TEXAS DEPART- MENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $84,729 to provide funding for the elimination and control of tuberculosis. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from September 1, 2009 through August 31, 2010. 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 for the elimination and control of tuberculosis. —69— Annette Rodriguez, Interim Director of Public Health annetterAcctexas.com 361 - 826 -7205 BACKGROUND INFORMATION Department of State Health Services has supported the Health District TB program through grant funding for many years. The purpose of this funding is to provide services to prevent, treat, and control tuberculosis. The grant provides support for staff salaries, clinic supplies, and the provision of radiological services to TB clients. The TB Program serviced 14,436 patients in FY08 -09. No matching funds are required. —70— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010 - 032845 (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 $84,729.00, 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 09/01/2009 and ends on 08/31/2010. 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: 2010- 032845 -001 Tuberculosis Prevention and Control - State 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 -] —7 1 -- 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. 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 Bumette, 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.Bumette@dshs.state.tx.us 92648 -1 Telephone Number E -mail Address for Official Cor as to form: esp'ndgpce '' i ., . and ay _7 2_ Ass City Attorney For City Attomey A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $84,729 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 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 $84,729 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin September 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 6, 2009 Elizj th R. Hundley , Ass ant City Attorney for the City Attorney EHres248.doc —73— 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 —74— AN ORDINANCE APPROPRIATING A GRANT OF $84,729 FROM THE TEXAS DEPART- MENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; 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 $84,729 received from the Texas Depart- ment of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. 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 6, 2009 Eliza] th R. Hundle Ass. . nt City Attorney for the City Attorney EHord276.tloc —75— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord276.doc _76_ 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $22,500 to provide funding for laboratory services for the analysis of bay water samples. The contract provides the Health District with financial assistance for expenses to support the analyses of marine water for the Seafood Safety Division of DSHS. The contract period is from September 1, 2009 through August 31, 2010 REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY08 -09. CONCLUSION AND RECOMMENDATION Recommend City Council to accept the grant and appropriate funding for laboratory services. —79— Itnt Anne e Rodriguez, M.P Interim Director of Public Health annetterCacctexas.com 361 - 826 -7205 BACKGROUND INFORMATION The laboratory at the Corpus Christi - Nueces County Public Health District ( "CCNCPHD ") is certified by the Food and Drug Administration to perform analyses of marine water for the Seafood Safety Division of the DSHS. These analyses are performed on marine samples procured by personnel employed by the Seafood Safety Division from areas of active shellfish, primarily oyster, harvesting for commercial sales. The results of the laboratory analysis indicate whether or not levels of bacteria in the water from which the oysters are harvested are within the limits of safety for human consumption. For performing the analysis, the CCNCPHD laboratory will be paid $25.00 per sample under an annual contract that cannot exceed $22,500 in reimbursement. No matching funds are required —80— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010 - 031609 (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 $22,500.00, 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 09/01/2009 and ends on 08/31/2010. 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: 2010 - 031609 -001 SEAFOOD & AQUATIC LIFE c. General Provisions (Vendor) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). N/A f. Exhibits. N/A 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 -81- 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. 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.Bumette@dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence • . roved as to form: 4,9 !iz•? =t tint Attorney Ass nt City 92648 -1 —8 r For City Attorney A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 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 $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin September 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 6, 2009 Eliz- reth R. Hundley As '_cant City Attorney for the City Attorney EHres247.doc —83— 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 —84— AN ORDINANCE APPROPRIATING A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; 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 $22,500 received from the Texas Depart- ment of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. 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 6, 2009 / Eliza•jh R. Hundley Assis - t City Attorney for the City Attorney EHord275.doc —85— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord275.doc —86-- 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO PROVIDE FLU TESTING AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 1, 2009. ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FLU TESTING; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) provides funding for flu testing. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: CONCLUSION AND RECOMMENDATION appropriate funding. Recommend -89- City Council to approve and -Annette Rodriguez, M.P. Interim Director of Public Health annetter cctexas.com 361- 826 -7205 BACKGROUND INFORMATION The Health District laboratory in Corpus Christi shall identify and test select specimens for influenza viruses in the Health District local service area. This contract provides funding for supplies for influenza testing. -90- DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010- 031537 (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). 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 $5,000.00, 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 09/01/2009 and ends on 08/31/2010. 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: 2010- 031537 -001 Infectious Disease Control Unit/FLU -LAB 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 -91-- 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. 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.Bumette@dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence 92648 -1 - 9 2- For City Attorney A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO PROVIDE FLU TESTING AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN SEPTEMBER 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 $5,000 from the Texas Department of State Health Services for supplies to provide influenza testing and to execute all related documents. Furthermore, the City Council hereby ratifies acceptance of the grant agreement to begin September 1, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 6, 2009 Eliza • h R. Hundley Assis - nt City Attorney for the City Attorney EHres246.tloc —93— 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 —94— AN ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPART- MENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FLU TESTING; 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 $5,000 received from the Texas Depart- ment of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide influenza testing. 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 6, 2009 Eli 'I%eth R. Hundle As stant City Attorney for the City Attorney EHord274.doc —95— 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord274.doc —96— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 20, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a Weed & Seed grant in the amount of $142,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). B. Ordinance appropriating a $142,000 grant from the United States Department of Justice for the support of the Corpus Christi South East Weed and Seed Community FY 09/10 in the Federal/State Grant Fund No. 1067; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a $142,000 grant from the U.S. Department of Justice, for the Corpus Christi South East (Flour Bluff) Weed & Seed Community. The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. For the past ten years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The grant period is from 10/01/2009 to 09/31/2010. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. The grant period is from 10/01/2009 to 09/31 /2010. FUNDING: U.S. Department of Justice, for the continuation of the Weed & Seed Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Attachment: Background Information —99— At&A,L .avddr fee Sally Gavlik, Director Parks and Recreation 361- 826 -3464 sallvq(cacctexas. com BACKGROUND INFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to insure 50% of our budget went to the Law Enforcement side of the program. This Corpus Christi South East (Flour Bluff) Weed & Seed Community grant in the amount of $142,000 will be used for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). It will be dispensed per guidance from the DOJ, $71,000 for CCPD weeding efforts and $71,000 for seeding efforts. Our Site 1 North and Site 11 West Communities have now been terminated after 10 years of service to the City of Corpus Christi and will not receive future funding. -100- RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A WEED AND SEED GRANT IN THE AMOUNT OF $142,000 FOR CORPUS CHRISTI SOUTH EAST (FLOUR BLUFF) WEED AND SEED COMMUNITY FOR THE SUPPORT OF THE WEED AND SEED PROGRAM FROM THE U.S. DEPARTMENT OF JUSTICE (DOJ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept a Weed and Seed grant in the amount of $142,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed and Seed Program from the U.S. Department of Justice (DOJ). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 20, 2009 Lisa Aguilar[/ Interim City Attorney Joe Adame Mayor —101— 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 —102-- ORDINANCE APPROPRIATING $142,000 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE SUPPORT OF THE CORPUS CHRISTI SOUTH EAST (FLOUR BLUFF) WEED AND SEED COMMUNITY FY 09110 IN THE FEDERALISTATE GRANT FUND NO. 1067; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $142,000 grant from the United States Department of Justice, Office of Justice is appropriated in the No. 1067 Federal /State Grant Fund for support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community, for FY 2009 -2010. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 20, 2009 4 Lisa Agui4a Interim Cffy Attorney Joe Adame Mayor —103— Corpus Christi, Texas Day of 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —104— 2 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/20/09 AGENDA ITEM: Ordinance appropriating $400,000 from U. S. Environmental Protection Agency in the No. 1071 Community Enrichment Fund for a three year community -wide Brownfields Assessment Program; and declaring an emergency. ISSUE: The Environmental Protection Agency (EPA) selected the City of Corpus Christi to receive two federal stimulus fund grants for a three year community -wide Brownfields Assessment Program. The City Manager or designee has developed and executed all documents required by the EPA. The City's Environmental Services office has been working toward utilizing the grant funds immediately upon the EPA providing documentation of the final grant award expected this month. The ordinance appropriating the funds will allow the Brownfields Assessement Program to establish the financial fund so that pre -award expenses may be billed immediately upon EPA final award notification. REQUIRED COUNCIL ACTION: Authorize an ordinance appropriating the $400,000 grant funds from EPA in No. 1071 Community Enrichment Fund to be used for the development and implementation of a three year community -wide Brownfields assessment program. PREVIOUS COUNCIL ACTION: November 11, 2008, in resolution 027937, City Council authorized the City Manager or designee to submit a grant totaling $400,000 to the EPA to be used for the development and implementation of a three year community -wide Brownfields Assessment Program On June 25, 2006, in resolution 028221, City Council authorized the City Manager to accept $400,000 in grant funds from EPA to be used for the development and implementation ofa three year community -wide Brownfields assessment program. CONCLUSION AND RECOMMENDATION: Staff recommends that Council authorize an ordinance appropriating the $400,000 grant funds from EPA in No. 1071 Community Enrichment Fund to be used for the development and implementation of a three year -. I +unity -wide Brownfields Assessment Program. Attachments Background Information City Ordinance —107— ggy L. u 'i, CHMM, CFM Environmental Services Director PeggyS @cctexas.com 826 -1868 BACKGROUND INFORMATION On November 11, 2008, City Council authorized the City Manager or designee, the Environmental Services Office, to submit a grant totaling $400,000 to the Environmental Protection Agency (EPA) for a three year community -wide Brownfields Assessment Program. This program is aimed at identifying and characterizing real properties that are contaminated or perceived to be contaminated with hazardous or petroleum substances. These real or perceived conditions inhibit properties from being redeveloped and utilized at their highest and best use, thus remaining vacant or underutilized. In the spring of 2009, the EPA notified the City of Corpus Christi that two grants of $200,000 each would be awarded to the City if all documents including budgets, work plans, Quality Management Plans and Cooperative Agreements were developed and executed in an EPA approved timely and thorough manner. The process included coordinating with the Texas Governor's office to ensure a complete intergovernmental agency review and to gain state support. On June 25, 2006, City Council authorized the City Manager to accept $400,000 in grant funds from EPA to be used for the development and implementation of a three year community -wide Brownfields Assessment Program. EPA is expected to provide final grant award documentation to the City before the end of October 2009. City Council authorization of an ordinance to appropriate the funds will allow the Environmental Services Office to conduct reimbursable actions to initiate the Brownfields Assessment Program as soon as the final authorization codes are provided to us. —108-- 2B - 96698801 - 0 Page 1 sli r`D7�, tip- a : o 4t pp0CE U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. DATE OF AWARD 09/02/2009 PRG I DOC ID AMEND# 2B - 96698801 - o TYPE OF ACTION PAw MAILING DATE 09/02/2009 PAYMENT METHOD: ASAP pend eed end RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center RECIPIENT: PAYEE: City of Corpus Christi - PO Box 9277 Corpus Christi, TX 78469 -9277 EIN: 74- 6000574 City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 -9277 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sharon Lewis PO Box 9277 Corpus Christi, TX 78469 -9277 E -Mail: SharonL (gcctexas.com Phone: 361-826-4066 Karen Peycke 1445 Ross Avenue, Suite 1200, 6SF -VB Dallas, TX 75202 -2733 E -Mail: Peycke.Karen @epamail.epa.gov Phone: 214 -665 -7273 Jeraldine Englerth Grant Programs Section, 6MD -CG E -Mail: Englerth.Jeraldine@epamail.epa.gov Phone: 214 -665 -7402 PROJECT TITLE AND DESCRIPTION Corpus Christi Brownfields Petroleum Assessment Community -Wide This award provides stimulus funding to City of Corpus Christi to be used to conduct community-wide assessments at potential brownfield sites contaminated with petroleum. The grant recipient will conduct site prioritization, then Phase I and Phase II assessments at selected sites [or site name]. Funds will also be used for public outreach and community involvement/public participation processes. BUDGET PERIOD 10/01/2009 - 10/01/2012 PROJECT PERIOD 10/01/2009 - 10/01/2012 TOTAL BUDGET PERIOD COST $200,000.00 TOTAL PROJECT PERIOD COST 5200,000.00 NOTICE Based on your application dated 06/30/2009, including all modifications and amendments, Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share total federal funding of $200,000. Such award may be terminated by EPA without by signing under the Affirmation of Award section and returning all pages of this receipt, or any extension of time, as may be granted by EPA. This agreement provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions OF AWARD the United 100.00% of all approved States acting by and through the US Environmental budget period costs incurred, up to and not,exceeding recipient fails to provide timely affirmation of the award Management Office listed below within 21 days after EPA statutory provisions. The applicable regulatory attachments. further cause if the agreement to the Grants is subject to applicable of this agreement and any ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS Grant Programs Section, 6MD -CG . 1445 Ross Avenue, Suite 1200 Dallas, TX 75202 -2733 U.S. EPA, Region 6 Superfund Division (6SF) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202 -2733 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Hattie Brown, Chief, Grant Programs Section DATE 09/02/2009 AFFIRMATION OF AWARD i BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNA RE r evade �,�,,,_ TYPED NAME AND TITLE 'Angel R. Escobar, P.E., City Manager DQA E / —109— EPA Funding Information 2B - 96698801 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup — Cooperative Agreements — American Recovery and Reinvestment Act of P009 CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site /Project Cost Organization Obligation I Deobligation CTY CC 09066F0084 0910 E4S 0600AG7 402D79EBP 4114 G600SROO - 200,000 200,000 —110— 2B - 96698801 - 0 Page 3 Table A - Object Class Category (Non - construction) Total Approved Allowable Budget Period Cost 1. Personnel $31,765 2. Fringe Benefits $7.757 3. Travel $3,098 4. Equipment 50 5. Supplies $735 6. Contractual $156,645 7. Construction $0 8.Other $0 9. Total Direct Charges $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) 5200,000 12. Total Approved Assistance Amount 5200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action 5200,000 15. Total EPA Amount Awarded To Date $200,000 2B - 96699101 - 0 Page 1 1 eon4 aNew 1,0_ a F '4t PROSE U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. DATE OF AWARD 09/02/2009 PRG I DOCID IAMEND# 2B - 96699101 p TYPEOFACTION MAILING DATE 2009 PAYMENT METHOD: ASAP ACH# ACH# pend RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center RECIPIENT: PAYEE: City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 -9277 EIN: 74- 6000574 City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 -9277 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sharon Lewis PO Box 9277 Corpus Christi, TX 78469 -9277 E -Mail: SharonL@cctexas.com Phone: 361 - 826 -4066 Karen Peycke 1445 Ross Avenue, Suite 1200, 6SG -VB Dallas, TX 75202 -2733 E -Mail: Peycke.Karen@epamail.epa.gov Phone: 214 -665 -7273 Jeraldine Englerth Grant Programs Section, 6MD -CG E -Mail: Englerth .Jeraldine @epamail.epa.gov Phone: 214 -665 -7402 PROJECT TITLE AND DESCRIPTION Corpus Christi Brownfields Assessment Hazardous Substances This award provides stimulus funding to City of Corpus Christi to be used to conduct community-wide assessments at potential brownfield sites contaminated with hazardous substances. The grant recipient will conduct site prioritization, then Phase I and Phase II assessments at selected sites]. Funds will also be used for public outreach and community involvement/public participation processes. BUDGET PERIOD 10/01/2009 - 10/01/2012 PROJECT PERIOD 10/01/2009 - 10/02/2012 TOTAL BUDGET PERIOD COST $200,000.00 TOTAL PROJECT PERIOD COST $200,000.00 NOTICE Based on your application dated 06/30/2009, including all modifications and amendments, Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share total federal funding of $200,000. Such award may be terminated by EPA without by signing under the Affirmation of Award section and returning all pages of this receipt, or any extension of time, as may be granted by EPA. This agreement provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions OF AWARD the United 100.00% of all approved States acting by and through the US Environmental budget period costs incurred, up to and not exceeding recipient fails to provide timely affirmation of the award Management Office listed below within 21 days after EPA statutory provisions. The applicable regulatory attachments. further cause if the agreement to the Grants is subject to applicable of this agreement and any ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION 1 ADDRESS ORGANIZATION / ADDRESS Grant Programs Section, 6MD -CG 1445 Ross Avenue, Suite 1200 Dallas, TX 75202 -2733 U.S. EPA, Region 6 Superfund Division (6SF) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202 -2733 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Hattie Brown, Chief, Grant Programs Section DATE 09/02/2009 AFFIRMATION OF AWARD / BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATIJ / D �j,1j/� IC /It� TYPED NAME AND TITLE 'Angel R. Escobar, P.E., City Manager DATE f /d, —113— EPA Funding Information 2B- 96699101 -0 Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 200,000 $ 200,000 Fiscal Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup — Cooperative Agreements ' — American Recovery and Reinvestment Act of 2009 CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class SitelProject Cost Organization Obligation f Deobligation CTY CC 0906BFG098 0910 E4S 0600AG7 402D79E 4114 G600SY00 - 200,000 200,000 -114- 2B - 96699101 - 0 Page 3 Table A - Object Class Category (Non - construction) Total Approved Allowable Budget Period Cost 1. Personnel $31,765 2. Fringe Benefits $7,757 3. Travel $2,520 4. Equipment $0 5. Supplies $350 6. Contractual $157,608 7. Construction $0 8. Other $0 9. Total Direct Charges $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 'Yo.) 5200,000 12. Total Approved Assistance Amount 5200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 -115- Page 1 of 2 ORDINANCE APPROPRIATING $400,000 FROM U. S. ENVIRONMENTAL PROTECTION AGENCY IN THE NO. 1071, COMMUNITY ENRICHMENT FUND FOR A THREE YEAR COMMUNITY -WIDE BROWNFIELDS ASSESSMENT PROGRAM; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That $400,000 from U. S. Environmental Protection Agency is appropriated in the No. 1071, Community Enrichment Fund for a three year community - wide Brownfields Assessment Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST; CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 6, 2009 R. Jay eining' First Assistant City Attorney For City Attorney Brownfields appropord 10062009 —117— Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of ,2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Brownfields appropord 10062009 —118— 14 AGENDA MEMORANDUM City Council Action Date: October 20, 2009 SUBJECT: Parks Operation Maintenance Facility at West Guth Park (Project No. 3386) BOND ISSUE 2008 NO. 49 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Teal Construction Company of Corpus Christi, Texas, in the amount of $673,010 for the Parks Operation Maintenance Facility at West Guth Park for the Total Base Bid, Additive Altemate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November2008 Bond Election. This project was approved November4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A construction contract is required to complete the project; and requires City Council approval. FUNDING: Funding is available from the Bond Issue 2008 (Parks and Recreation) Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Atc.a Sally Gavlik, Director of Parks and Recreation 826 -3464 sallyq ancctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map —121— H: \HOME\VelmaP\GEN PARKS 8 REC\3366 PARK OPS MAINTC BUILDING\2 AGENDA MEMO.doc Pete Anaya, .E., Director of Engineering Services 826 -3781 petean aC�cctexas.com BACKGROUND INFORMATION SUBJECT: Park Operation Maintenance Facility at West Guth Park (Project No. 3386) BOND ISSUE 2008 NO. 49 PROJECT DESCRIPTION: Base Bid — An existing metal building of approximately 1,200 square feet currently utilized for a maintenance facility shall be demolished inclusive of the concrete foundation, paving and fencing, to allow for new construction and site improvements. These new facilities and site improvements will be generally comprised of two (2) separate pre- engineered steel buildings, one occupied by offices, shops, and restrooms of approximately 3,600 square feet and the second building will be utilized as a Maintenance Equipment Garage of approximately 2,100 square feet and a vehicle wash down area, asphalt parking lots for employees, maintenance vehicles, security fencing and landscaping /irrigation. Additive Alternate Bid No. 1 — consists of a fifth bay on garage building. Additive Alternate Bid No. 2 — consists of all asphalt paving south of garage building. BID INFORMATION: On September 16, 2009, the City received proposals from eight (8) bidders (see Exhibit "C" Bid Tabulation). The bids range from $637,275 to $775,000 for the Base Bid. The estimated cost of construction is $696,003. The low bid was submitted by Teal Construction, in the amount of $637,275. City staff and the consultant, JEC Architects, Inc., recommend that the contract be awarded to Teal Construction of Corpus Christi, Texas, in the amount of $673,010 for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. CONTRACT TERMS: The project is estimated to require 184 calendar days, with completion anticipated in May 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —122— Hr1HOMF\VpImaP\fFMPARKS R RFf t RR PARK OPS MAINTC BUILDING\3 AGENDA BACKGROUND.dDC EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Parks Operation Maintenance Facility at West Guth Park (Project No. 3386) BOND ISSUE 2008 NO. 49 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 10, 2009 — Motion authorizing the City Manager, or his designee, to execute an architectural services contract with JEC Architects, Inc., of Corpus Christi, Texas in an amount of $91,218, for the new Parks Operation Maintenance Facility at West Guth Park for design, bid, construction, and additional phase services (Motion No. M2009 -061). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —123— H: \HOME\VelmaP\GEN\PARKB 8 REC\3386 PARK OPS MAINTC BUILDING \4 PRIOR PROJECT ACTIONB.tloc IEXHIBIT B I Page 1 of 1 X uJ cn 0 cn 0 0 (/) 0 0 00 Iij LL >_ O -o Z 0 0 1= CO Z .ar co D E 111 < Id 0 Z (3 uJ a_ Id 0 0 Id uj 5 0 o 0) .14 '15 0 ui a: of' m a T-- 5; I m E 0 a) Lil a 1-0) 50) 7 al CO < < I- 0 -^ 0 CO I IIVIM 1 C. aO O,UU..UU KJM Commercial, Inc. 1814 Holly Road Corpus Christi, TX 78417 IAMOUNT o o o o 0 co ID 69 0 o 6 0 o .- 0 o c; o o al 69 o o 6 o o r: a OD 69 $704,000.001 0 o O o o o tr: '9 o co 6 0 o r: cv r- 69 IUNIT PRICE o 0 o o 0 r- co ift 0 0 o o o r.: r 0 0 6 o o rei N 69 AM Services 4818 Gemini Corpus Christi, TX 78405 IAMOUNT o O ‘ to EA 0 0 up CD 4, 0 0 to to e: 0 49 0 R r O CD 69 i:O.:, :CU: :AC .: .0„ ,:6:: A. igti aar: :44:: ..... o 0 6 1a .0 0 69 UNIT PRICE 0 C: 4- 41 en r- 0 69 0 0 N: (0 0_ N 69 0 0 6 ce, co- C4 69 s Structures x 270713 sti, TX 78427 AMOUNT 0 0 6 o to. o 1.0 (0 69 0 0 o o a r■i CV Eft 0 0 6 o a ri 04 eft 0 R o o S Lll° (0 69 0 0 6 0 S 0.1 N: co '9 $672,000.00' 0 co 6 0 R. a 0 49 w o i" a I- 00000'059$ 0 0 6 0 0 0 c‘i r4 0 /0 0 0 0 of rt istruction 11H 37 sti, TX 78405 Z 7 o 5 < o o r0IC - 1 n 0 49 o o - r 7 0 0 G o a e 0 o Ili N. I. (0 0 69 o ta 2) r• 0 ,L C1 10 co 69 o o 0i 0) . N L0 to 49 )0) at 6 UNIT PRICE 0 0 (0 c‘i r-: r> (0 49 0 a cci .c- r tri ,- 69 0 CD r..:. 75 6 N e9 I- 2 D 0 _1 co 0 _t 0 PARK OPERATION MAINTENANCE FAC AT WEST GUTH PARK (Project No. 33 BOND ISSUE 2008 DESCRIPTION -0 a 4) Consisting of all work not specifically identified as Additive Alternate Bid Items as shown on plans, specifications and Contracts for a complete installed project as per lump sum. litive Alternate Bid No. 1 a Fifth Bay on Garage Building, identified as Additive Alternate No. 1 as shown on plans, specifications and Contracts for a complete installed project as per lump sum. 'Additive Alternate Bid No. 2 All added costs associated with Construction o1 all Asphalt Paving south of Garage Building, indentificed as Additive Alternate No. 2 as shown on plans, specifications and Contracts for a complete installed project as per lump sum. 'TOTAL BASE BID 'TOTAL BASE BID+ 'ADDITIVE ALTERNATE NO. 1 -1 TOTAL BASE BID + 'ADDITIVE ALTERNATE NO. 2 — 'TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 (0 RI EO N- T- -124- Bidders submitted mathematical errors on Proposals. Mathematical errors have been corrected; and are shown in bold and shaded cells above. EXHIBIT "C" 0 0 0 0 uJ I- < cn LU (.0 CCw 0 LIJ 17- (1) 0 0- eC 0 go 0 u_ E 0 0 >_ z3 O 41- 0 F 0 < z 7 CL 120 ul 2 .cw 0 z z -J 11- 0 o - 0 LLI LLI 0 F- CC 0_ L.0 o (I) (0 c L1.1 0 0 0 ui 0: co ▪ a) c 5: uJ m -J Bay Area Contracting 8 Constr 3902 S. Port Avenue Corpus Christi, TX 78415 I- Z 7 0 2 0 0 0 0 In' r- r- 69 ce o 0 o L r..: (NI 69 0 o cie o 0 :t-i. 69 0 o 0 0 0. Lo N. 69 enzec . IIAI0:' :ItC<II noc :co >M. a' „ o 0 .r 03 69 UNIT PRICE 1 o 0 o o o 1-. t- 69 o 0 0 o Lo r-: 69 0 0 ci .- a Journeyman Construction 13330 Leopard, Suite 24 Corpus Christi, TX 78410 AMOUNT 4 o 0. o o o 03 0 I-- 69 . 0 0 o r-. ,_ 69 . 0 ci 8 N 0 0 0 o 0 0 69 0 0. 0 0 t-- CV N 69 0 o 0 0 0? 01 LNI 69 0 0 o o •ct 69 UNIT PRICE L o 0 o o 0 co o r-- 69 0 0 o co r- .,- 69 0 0 ci o cv 69 SafeNet Services, LLC 1321 Glenoak Drive Corpus Christi, TX 78418 AMOUNT o °I CO CO 0) to 609 0 0 ‘. 1 7 a o 0 0 0 N 69 0 0. 73 0. CO 0) 0 s. 0 0. 0 I-- (5 6.- N. 69 0 0 CV 03 MI. 0- N 0- EC+ 0 0 vi CI 03 (0 61' N- 69 LU 0 CC CL I- Z 7 0 ° 0 0 0) 0 69 0 0 ,- 69 0 0 (- 0 (0 (li N 69 Beecroft Construction 2222 Laredo Street Corpus Christi, TX 78405 AMOUNT 1- o o o o 0 o CO 0 69 o o 0 0 o 6 N ete o o 0 0 ce CO Coct o o 0 0 to CO ED 69 0 0 O o o co 0 P., 69 0 0 O o m N I-- (09 0 o 0 0 o Nr N. 69 UNIT PRICE 1 0 0 o o cl. o 0 0 69 0 0 de o o c; N 69 0 0 0 0 0 01 69 PARK OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK (Project No. 3386) BOND ISSUE 2008 2 7 w -J w -J (.0 _J 0 DESCRIPTION Base Bid Consisting of all work not specifically identified as Additive Alternate Bid Items as shown on plans, specifications and Contracts for a complete installed project as per lump sum. litive Alternate Bid No. 1 I All added costs associated with Construction o a Fifth Bay on Garage Building, identified as Additive Alternate No. 1 as shown on plans, specifications and Contracts for a complete installed project as per lump sum. litive Alternate Bid No. 2 All added costs associated with Construction o all Asphalt Paving south of Garage Building, indentificed as Additive Alternate No. 2 as shown on plans, specifications and Contracts for a complete installed project as per lump sum. TAL BASE BID TOTAL BASE BID + IADDITIVE ALTERNATE NO. 1 _- TOTAL BASE BID + 'TOTAL ALTERNATE NO. 2 -.- I IADDITIVE ALTERNATE NO. 1 + ai .n I0 0 0 0 0 0 o 0 .0 c c 0 0 0 0 0 0 0 0 .0 .0 0 vs 2 0 ra 0 0) 0 2 (0 (0 2 c 0 °2. 2 0 Ts' 0 E 0 .0 I0 E 0 E 0 0 0 0 -o -o EXI-IIBIT "C" Page 2 of 2 PROJECT BUDGET PARK OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK (BOND ISSUE 2008) Project No. 3386 October 20, 2009 FUNDS AVAILABLE: Bond Issue 2008 CIP No. 49 $1,000,000.00 Total $1,000,000.00 FUNDS REQUIRED: Construction (Teal Construction Company) $673,010.00 Contingencies ( 10%) 67,301.00 Consultant (JEC Architects, Inc.) 91,218.00 Testing (Rock Engineering & Testing Laboratory, Inc.) 4,270.00 Reimbursements 20,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 Total$856,799.00 Funds Remaining ........................................... ............................... $143,201.00 -126- EXHIBIT "D" Page 1 of 1 File : \ Mproject \councilexhibits \exh3386b.dwg VICINITY MAP NOT TO SCALE CITY PROJECT # 3386 PARKS OPERATION MAINTENANCE FACILITY AT WEST GUTH PARK (BOND 2008) CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -20 -2009 -127- 15 AGENDA MEMORANDUM City Council Action Date: October 20, 2009 SUBJECT: Las Colonies Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 13 & SW 07 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors, Inc. of Corpus Christi, Texas, in the amount of $376,642.10 for the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base bid. ISSUE: The Las Colonias Subdivision Drainage Improvements project consists of constructing storm water drainage improvements in Las Colonias Subdivision, which is located on the north side of Saratoga Boulevard (S. H. 357) just west of Greenwood Drive. This subdivision has experienced frequent flooding in the past from overland flow and overtopping of the banks from the adjacent drainage ditches. The Drainage Channel Clearing and Stabilization at Saratoga Bridge project consists of clearing and widening La Voila Creek, which is located on the east side of Las Colonias Subdivision. These two projects are not only located in close proximity to each other, they are also contributing toward the same goal, which is to provide a greater level of protection against flooding of storm water runoff in this residential subdivision. Both of these projects, which are located in the Oso Creek Drainage Basin, were combined into one construction project. The project has bid and City Council approval is needed to begin construction. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2009. RECOMMEN ATION: Staff recommends approval of the motion as presented. yaterie ray, P. . / Director of Storm Water & Street Services 826 -1875 valeriegi cctexas.com Additional Support Material: Exhlit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhlit "D" Project Budget Exhibit "E" Location Maps (2) Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteanna.cctexas.com N.YcMBRadw .tENmrmrope2268 S 2281-Las Colonias & Saratoga Bnagetmwudicaft Mo o.aac —131— AGENDA BACKGROUND INFORMATION SUBJECT: Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 13 & SW 07 PROJECT DESCRIPTION: This project consists of two drainage improvement projects that were bid as one construction project. The total base bid consisted of Parts A and B: Part A is for Las Colonias Subdivision Drainage Improvements, which consists of minor ditch grading, curb and gutter, curb inlets, storm water piping and stone rip -rap outfalls, minor asphalt pavement repair, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. Part B is for Drainage Channel Clearing and Stabilization at Saratoga Bridge, which consists of clearing and channel excavation in La Voila Creek, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. BID INFORMATION: On September 23, 2009, the City received proposals from ten (10) bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $376,642.10 to $599,105.44 for the total base bid. The estimated cost of construction is $553,612. The bids were evaluated based on the lowest qualified total base bid, subject to the availability of funds. H &G Contractors, Inc., which submitted the lowest bid, has satisfactorily performed construction contracts for the City of Corpus Christi. City staff and the consultant, Freese and Nichols, Inc., are recommending that the contract be awarded to H &G Contractors, Inc. in the amount of $376,642.10 for the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge. CONTRACT TERMS: The project is estimated to require 150 calendar days, with completion anticipated in April 2010. PROJECT BACKGROUND: This construction project consists of two drainage improvement projects that were designed separately but combined because of their proximity to each other and to achieve the most advantageous bid prices. The intent of this phase of The Las Colonias Subdivision Drainage Improvements is to provide positive, localized, long -term storm water drainage improvements to upgrade the conveyance of storm water runoff within the immediate vicinity of Las Colonias Subdivision to a 5 -year level of protection (where feasible), until such time that more extensive downstream storm water drainage improvements can be implemented. The Drainage Channel Clearing and Stabilization at Saratoga Bridge project is being undertaken because there is heavily overgrown brush in La Voila Creek that blocks drainage. This project will remove the brush, clean the channel and stabilize the slopes. As part of the design of this project, the consultant prepared a letter and exhibits to the U.S. Army Corps of Engineers notifying the Corps of the City's intent to construct these improvements under Nationwide Permit 3. H: IHGMEtRachelletGEMorainage12268 & 2287 -Las Colonias & Saratoga Bridye1c9lrrygnMAgencla Background. doe EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 13 & SW 07 PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. April 3, 2009 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $49,931 for the Las Colonias Subdivision Drainage Improvements (Project No. 2268) for design and additional phase services (topographic survey). 2. October 9, 2009 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $15,037 for the Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project No. 2287) for design, bid, and additional phase services (topographic survey and permitting). —133— H :WOME\Rachelle\GEMOrainege12268 8 2287 -Les Colonias 8 Saratoga Bridge \Construction\Prior Project Actions doc co A H N 0 U 7 0 o E O fl 0 0 O .z 0' CO W z u. O C O NGINEER'S ESTIMATE: 5553,612.00 Coastal Resources, Ltd. P.O. Drawer E Cnmue rh.I.n TV "e 6. u ( R i ) > 2 O .1n a O 0 N 0 0 0 N to 0 0 N f9 0 0 N O F9 0 0 N N N f9 0 0 r 0 01 f9 O) 0 0 0 0 N 0 V O N M f9 0 N 0 N N f9 O n C N f9 0 n el F K 11 ) ) 1 1 1 o N M 0) O f 9 ° N O ; o O O N f9 o 0 V N 0 O O r H O 0 N N o O 0 N N N' p V fR1 V d J O O O O w O 9 00 f9 O e C C r K $3,150.00 to nnn nn I ^ V ; f9 O 1A N M O 69 O M N69 o ° 51.500.00 ' N N co t° to O O O N W IAMOUNT 0 (NO O N (pp f9 N 1i() H n H o 0 n ,- H N 1� O 0 H ^ N N N N N O0)_ 4 19 O N ((00 � 0 0) V 1+) 19 0 CO 1� V 0 0 V N p ° l7 W. H o N M W (O f0 N N O O f0 O - f9 o O G N W O (N0 N 0 0 4 CI f9 Q O) cz el el C 6A CO UNIT PRICE N N W ° r ca 0 C° ' r I N In 69 V N • NH m N to 0• vr C' N N N S R (0 y M M W N pj W m m th a0 th 0• N 0 (0 N O (0(00 '8 0 H N ON $1,324.00 f !ma !Jr wmrL. 1 101 carenaar nays H &G Contractors, Inc. J. Carroll Weaver, Inc. 1225 Southern Minerals Rd. P.O. Box 1381 Corpus Christi, TX 78409 SInton, TX 78387 AMOUNT CO O w °o O NI- $180.00 I o aO pp ° V w I$1,775.00 $8,025.00 $1,460.00 00) w N 69 o 0)W w °o M & 43 o Q m $110.00 °o ° ? a $5,985.00 $174.25 $1,020.00 • ap bh9 UNIT PRICE to w 0 y N 6 o 69 O _ a O fA 0 N O I. o co N ti, f9 M M NN O 69 O 49 N co a O o O o 4 69 M o 5 6 0 0 0 AMOUNT N N N I°0 0) N f9 0 n 0 f9 0 (0 2 f9 0 0)) (0 M S. 0 0 00) V N 69 0 0 0 0) v t` (D (p f9 f9 O O Q CJ f9 0 0 0)) N- (O 69 0 C0) 0 M f9 0 Ca') 0 ao" f9 W N. ' 69 0 V 49 O 0 0) N 0 (0 69 0 1°0 N r N m a f9 100 N M N 69 CO • b CO 4, — o 69 N 7:0 N 0 (00 H (°0 w 0 fD O N ff9° 69 O O. 8 N o '» Or � N O» M 0 N C'I o o to 0 » 0 N lh 49 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE CITY PROJECT N0.2268 AND 2287 J{ W ect J 0) J J W W J 0 J 11. J 0 W O 0 J CO N r N N N M N On V N N N r r N r N r DESCRIPTION 310 - PART A: LAS COLONIAS SUBDIVISION DF Remove Existing Concrete Curb & Gutter Remove Existing Curb Inlet 1Remove Existing 30" R.C. Pipe Remove Existing Concrete Valley Gutter 18" Dia. R.C.P. (Class III) 136" Dia. R.C.P. (Class 111) 5' Standard Curb Inlet 5' Inlet Extension 6" Concrete Curb & Gutter Asphalt Pavement Repair !Sediment Control Fence for SWPP Regrade Existing Drainage Swale along lExcavate New Drainage Ditch along Stone Rip -Rap Spillway (12" to 24" Stone) Adjust Gas Valve to Finish Grade Backfill and Finish Grading Between Curb and Seeding for Erosion Control in Disturbed Areas Trench Safety for R.C. Pipe Traffic Control II Subtotal Part 'A' (Items Al through A19) + ta a N 0 !a - a N a ) 0 Q 1 .- Q 4 N a¢ m P a N a 0 • N CO a a 0) EXHIBIT I:Cf1 1 LU ILI 0 0 to an 0 0 0 • Coastal Resources, Ltd. P.O. Drawer E Corpus Christi, TX 78469 AMOUNT II o LO CO 16 69 C4 69 $393,492.00 UNIT PRICE 69 Di Garrett Construction Company P.O. Box 1028 Ingleside, TX 78362 AMOUNT 0 } § } III $34,293.90 ) (0 ilD § UNIT PRICE 1 el 69 c0 fa 03 69 $1,324.00 J. Carroll Weaver, Inc. P.O. Box 1361 Simon, TX 78387 AMOUNT 1 CO co 64 69 $402,539.40 UNIT UNIT PRICE AMOUNT UNIT PRICE ABILIZATION AT SARATOGA BRIDGE co 69 0 te co 69 HSG Contractors, Inc. 1225 Southem Minerals Rd. Corpus Christi, TX 78409 co co t9 6 co Lei cc co 0 TT 0 44 DI LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE CITY PROJECT NO. 2268 AND 2287 DESCRIPTION QTY. JD - PART B: DRAINAGE CHANNEL CLEARING AND ST Channel Excavation and Clearing for La Volla Creek Stabilized Construction Entrances ,Temporary Rock Filter Dam Seeding for Erosion Control in Disturbed Areas Traffic Control Subtotal Part 'B' (Items B1 through B5) § §E(Eca a en F N C U 8 y C a. 00 s m o U Q P O U O Q 2 W -J z W 0 Q V (7 LLO ~ W W LL m O 2 W P M W 0 mamttn's t5I IMATE: 5553 612.00 AMSR, Inc. 4818 Gemini Street Corpus Christi, TX 76405 Z O N r C i9 O N o in N� 0 o M H9 0 O N 69 0 O N N 0 N f9 0 Ni F9 0 N N H o N H O N O f9 0 o t0 f9 0) N C N $12,675.60 $475.00 11 o N 0 N h EA o W N MM o O N 48 0 0 N 11 p� 64 W C a. F j r N NM O o O O O 9 O N t9 O O 00, A O O m fA O O f9 O n N cV MM O ap CM $4.75 o O) s c f9 'P O n O fp O )0 f9 O M H o O o N CO G &L Young Construction, Ltd. t 3989 FM 1694 Robstown, TX 78380 1 AMOUNT 1 O C NK O O W $1,740.00 H fA 49 O O o 49 o m N 49(4 0 6 0 0 eel N N NM o N N H N CO O O 1 r O O 6 O N V3 O a0 f9 O o F9 O O C M f9 O 0C V 6 la N cs O )ei O, fA UNIT PRICE o Co f9 o O N 1A N n $48.75 O N b9 O o N 9 O O 0 f9 O N 43 O r f9 r Cl f9 O N N N r H O fA O o O O O N f9 O OC f9 p p c0 V , SLC Construction, L.L.C. P.O. Box 639 Conroe, TX 77305 f O o O N N9 O n V f9 N N U) f9 O N OMi lA O QO m m fA N n M N f9 O N N NM O O N N NW O O N O aM O O N O) 49 O O N M O N S r !9 N �"? O o N O 0) Hi O M M N V9 $1,123.20 _.._I o p OVV M 4 O Or _ O p O N to 0 co ql N. Mi N. UNIT PRICE O 47 O n C N N rr 49 0 a0 N M V H O N o M 49 O O OJ M 4 O f0 H 0 O N N _ co C r 00 M FA N p )vj <n M EA 10 iA 0 ' 0 o O • O N 49 Bay, Ltd. P.O. Box 9906 Corpus Christi, TX 78489 AMOUNT N C f9 o O V t9 o O N f9 O W M f9 $1,800.00 $1,475.00 I O r m t0 S O M O 69 O m N N W O W CO 6 O f00 f0 t0 69 O m N C f9 $7,781.25 l $1,284.00 0 O M 0 O o O O N t+) t9 o 0) N O o O ci f9 10 01 v 'F. N f/i 11 ITEM 1 DESCRIPTION I QTY. 1 UNIT I UNIT PRICE VID - PART A: LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS 1 1 0932 O O O o M V O m U9 O N M � ° N .3 N + 09 o V M o V '9 N NO r !A o o N N W 69 LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE CITY PROJECT NO. 2268 AND 2287 U. < J y LL J W < J 0 J J J (0 < W 0 CO J J r N C N o N CO N O V N N N N N r 0 h V o r Remove Existing Concrete Curb & Gutter Remove Existing Curb Inlet Remove Existing 30" R.C. Pipe Remove Existing Concrete Valley Gutter 18" Dia. R.C.P. (Class 111) 36" Dia. R.C.P. (Class III) 5' Standard Curb Inlet 5' Inlet Extension 6" Concrete Curb & Gutter Asphalt Pavement Repair Sediment Control Fence for SWPP Regrade Existing Drainage Swale along Saratoga Blvd. Excavate New Drainage Ditch along Calle Las Colonies Stone Rip -Rap Spillway (12" to 24" Stone) Adjust Gas Valve to Finish Grade Backfill and Finish Grading Between Curb and Proposed Ditch Seeding for Erosion Control in Disturbed Areas Trench Safety for R.C. Pipe Traffic Control Subtotal Part 'A' (Items Al through A19) a ¢ a a 0 r a N a CO V a N a N a A a CO IQ 0) C7 EXHIBIT "C" tl Pond lnfg 2 u. 0 2 O. en 2 | of to 0I � Bk AMSR, Inc. 4818 Gemini Street opus Christi, TX 78408 0 on D 1 19 Construction, Ltd. FM 1694 wn, TX 78380 0 C CO C CD $65,115.00 $408,227.00 0 UNIT PRI LO 0 0 01 Unction, L.I . Box 639 e, TX 77305 1,872.00 `-I a IARATO $44.00 AS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS A CHANNEL CLEARING AND STABILIZATION AT SARATOC CITY PROJECT NO. 2268 AND 2287 DESCRIPTION IE BID - PART 8: DRAINAGE CHANNEL CLEARING Channel Excavation and Clearing for La Voila Creek Stabilized Construction Entrances Temporary Rock Filter Dam Seeding for Erosion Control in Disturbed Areas Traffic Control Subtotal Part B' (Items 81 through B5) co ts 00 co co Total Base Bid - Parts A' and 'B' WX cc C 2 O co CI 0 m O U. 11- 0 O 2U 0 gZ co z Q F W Z W O W K Q I EXHIBIT ((C" z 0 a W 0 2 a I- Z 0 1- z 0 0 f 1 UNIT PRICE I 1 AMOUNT N N CO W (D D 03 CO 19 O ai OD 9 O N CD ro 0)) co V tl3 O M in M It $14,156.28 a0D M 0) (V di W in I� f9 N W M M (A C ih OD (O b9 O V A D) f9 O co A A O 001 (Op m O f9 A fV O m N N OJ 69 O O co N 69 O A V 0 f0 OA N f9 co N OS m t) co FN UNIT PRICE m • 69 M 69 N 69 La gy D • N 69 H) O fA $42.34 (p+) ., di el a ((00 vs $42.48 O 69 O CO 0 N umc yr cvmYLG I'UN: lb Reese Contracting, Inc. 7614 Grissom Road San Antonio, Tx 78251 AMOUNT O O ON) 0 O 0) O O N 0 O O O O O O O N- N9 0 O s 0 i9 O O (0 o O co A 0 O ON,) tla9 O 0 O co .y O N N A t9 o V O 6 0 O (0 - O O N H O O N EA O N " O O (OD of O o 00 j dO f Q Oo'Og$ O ry O O 6O 3 fO9 O In N N fA M O III N W f9 O co cO IR N O it; (D 69 p p OF N 69 J < U. N J J W W J y J J J (LL/) W 0 0 J CO N N (00 N M N V N N .4. N N- N N Q 2 r tit) - PARE A: LAS COLONIAS SUBDIVISION DF Remove Existing Concrete Curb & Gutter Remove Existing Curb Inlet Remove Existing 30" R.C. Pipe Remove Existing Concrete Valley Gutter 18" Dia. R.C.P. (Class III) 136" Dia. R.C.P. (Class III) 5' Standard Curb Inlet 5' Inlet Extension 6" Concrete Curb & Gutter Asphalt Pavement Repair Sediment Control Fence for SWPP Regrade Existing Drainage Swale along Excavate New Drainage Ditch along Stone Rip -Rap Spillway (12" to 24" Stone) Adjust Gas Valve to Finish Grade Backfill and Finish Grading Between Curb and Proposed Ditch Seeding for Erosion Control in Disturbed Areas Trench Safety for R.C. Pipe Traffic Control II Subtotal Part A' (Items Al through A19) a 0) a C a co a 0 a A a CO 0) O N a¢ q, a s —1.8- CO ¢ V a (0 (0 a¢ A a CO s W I EXHIBIT ((C" / Pf §B - • b [ qe 2 \§a. <0 � 0 k z up re 4 a. pc 0 tri op J Total Base Bid - Parts 'A' and 'B' UNIT PRICE 1 z 0 0 pc re a. z 0 Salina Construction 0794 FM 0006 Pleasanton, TX 78064 AMOUNT cs 2 co = C9 2 $23.441.40 0 •& to la K ITEM 1 DESCRIPTION 1 QTY. 1 UNIT J UNIT PRICE 1 AMOUNT 1 UNIT PRICE CO r Tr CO Reese Contracting, Inc. 7514 Gdssom Road San Antonio, TX 78251 o i © $1,620.00 la vi % k�6\ LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE CITY PROJECT N0.2268 AND 2287 ABASE BID - PART B: DRAINAGE CHANNEL CLEARING AND ST, CNI Channel Excavation and Clearing for La Voila Creek Stabilized Construction Entrances Temporary Rock Filter Dam Seeding for Erosion Control in Disturbed Areas Traffic Control II Subtotal Part B' (Items 81 through B5) r CO C9 c0 CO EC NN c3 Ill 03 tri op J Total Base Bid - Parts 'A' and 'B' PROJECT BUDGET LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS AND DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE PROJECT NOS. 2268 AND 2287 October 20, 2009 FUNDS AVAILABLE: Storm Water CIP (SW 07) $225,000.00 Storm Water CIP (SW 13) $500,000.00 $725,000.00 FUNDS REQUIRED: Construction (H &G Contractors, Inc.) $376,642.10 Contingencies (10 %) 37,664.00 Consultant (Freese and Nichols, Inc.) 64,968.00 Reimbursements 28,248.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $510,022.10 FUNDS REMAINING: $214,977.90 —140— EXHIBIT "D" Page 1 of 1 16 First Reading on 9/22/09 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22. 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute an amendment to the use agreement with the South Texas Botanical Gardens and Nature Center ( "Center ") for the use of additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; providing for severance; and providing for publication. ISSUE: The City of Corpus Christi has received a donation of 3.66 acres of land adjacent to the South Texas Botanical Gardens and Nature Center ( "Center"). The donated land is being leased to the "Center" for the purposes of expanding the operation and improving access from South Staples (FM 2444). REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to amend a use agreement. PREVIOUS COUNCIL ACTION: none FUNDING: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Sally Gav' , Director Parks an -ecreation Sall .. c exas.com 361 - 826 -3464 Attachment: Background Location Map of Property —143— BACKGROUND INFORMATION The owners have donated a 3.66 acre piece of property to the City of Corpus Christi so it could be added to the existing lease the City has with the "Center" for expansion of the gardens. The donated acreage will provide an improved entrance from Staples Street (FM 2444) as well as parking and additional gardens. The City retains an 80 ft. easement on the western portion of the property should there be a need for future road development. Location Map South Texas Botanical Gardens and Nature Center South Texas Botanical Gardens and Nature Center —144— ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE USE AGREEMENT WITH THE SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER ( "CENTER ") FOR THE USE OF ADDITIONAL 3.66 ACRES OF LAND OUT OF THE BOTANICAL GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH AND ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET HIGHWAY 2444) PUBLIC RIGHT OF WAY; TO FACILITATE EXPANSION OF THE CENTER; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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 an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples street (Farm to Market highway 2444) public right of way to facilitate expansion of the South Texas Botanical Gardens & Nature Center (formerly the Corpus Christi Botanical Society). A copy of the amendment shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. This contract takes effect on the 615` day following City Council approval. —145— That thetforegoing ordinanc was read for the first time and passed to its second reading on this the n" -=tdt ay of S �2 , 2009, 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 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: September 14, 2009 By: �(kt�rtiC Lisa Aguilar; ) Assistant City`Attorney For City Attorney —146— 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/20/09 AGENDA ITEM: Ordinance amending the Code of Ordinances, Section 53 -109, by allowing limited operation of golf cart on public highway of not more than 35 miles per hour pursuant to Section 551.404 of the Texas Transportation Code; providing for severability; providing for penalties; providing for publication; and declaring an emergency. ISSUE: Amending the ordinance to allow for the limited operation of golf carts on public highway with posted speed limit of not more than 35 miles per hour. BACKGROUND INFORMATION: Effective on September 1, 2009, Section 551.403 of the Texas Transportation Code allows a person to operate a golf cart (1) in a mastered planned community with a uniformed set of restrictive covenants for which a county or municipality has approved a plat; (2) on a public or private beach; or (3) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course on a public highway with a posted speed limit of not more than 35 miles per hour during daytime hours. In addition to the operation authorized by Section 551.403, the amendment allows a person who holds a valid driver's license to operate a golf cart, pursuant to Section 551.404, on a public highway for which the posted speed limit is not more than 35 miles per hour if: 1. the person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart owned by the political subdivision; 2. the person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; 3. the person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart owned by the restaurant, hotel, or tourist related business to and from the parking lots to the business; or 4. the person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two facilities under common ownership in a golf cart owned by the restaurant, hotel, or tourist related business. PREVIOUS COUNCIL ACTION: On September 22, 2009, passed an ordinance prohibiting the operation of a golf cart on a public highway in the interest of public safety. REQUIRED COUNCIL ACTION: Approval of the amendment. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the amendment. Attachments: Ordinance Troy Riggs Chief of Police trovr cctexas.com 886 -2603 -149- AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 53 -109, BY ALLOWING LIMITED OPERATION OF GOLF CART ON PUBLIC HIGHWAY OF NOT MORE THAN 35 MILES PER HOUR PURSUANT TO SECTION 551.404 OF THE TEXAS TRANSPORTATION CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas, is amended by revising Sec. 53 -109, to read as follows: Sec. 53 -109. Operation of Golf Cart. As authorized under Section 551.404(a) of the Texas Transportation Code, a person who holds a valid driver's license may operate a golf cart on a public highway with a posted speed limit of not more than 35 miles per hour if: (1) the person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart owned by the political subdivision; (2) the person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway (3) the person is employed by a restaurant, hotel, or tourist related business, and is transporting quests in a golf cart owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; or (4) the person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two facilities under common ownership in a golf cart owned by the restaurant, hotel, or tourist related business. f "Highway" includes any roadway, ctrect, alley, highway, avenue, public place or (b) Offense. It shall be unlawful for any person to operate a golf cart on a public highway within thc territorial limits of thc city. —150— (c) Affirmative dcfense. (d) Culpablc mental state not required. (c) Pcnaltics. * * * * SECTION 2. If for any reason any section, paragraph, subdivision, provision, clause, sentence, phrase, word or part of this Ordinance or the application of the same to any person or circumstance for any reason be adjudged or held unconstitutional or invalid by final judgment of a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part, section, paragraph, subdivision, clause, phrase, sentence, word or provision hereof other than the part declared to be invalid or unconstitutional, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, sentence, word or provision hereto be given full force and effect for its purpose. To the extent this Ordinance is in conflict with state law, the state law governs. SECTION 3. 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 4. Penalties are as provided in Section 53 -55. SECTION 5. 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 , 2009. —151— ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to legal form October 12, 2009 By: T.Dfrisha Dang Assistant City Attorney For City Attorney —152— Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —153— 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: October 20, 2009 AGENDA ITEM: Refining and Petrochemical Industry Presentation STAFF PRESENTER(S): Name Title /Position Department 1. 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Kevin Ferrell V.P. and G.M CITGO 2. 3. BACKGROUND: The refining and petrochemical industry would like to make a brief presentation to the City Council on the following issues: • Economic status and outlook for our industry • Local economic impact of our industry • Port Tariff history and competitive factors • Proposed Security Advisory Council PowerPoint X n Supplemental Information -157- 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on State of Texas Artificial Reef Program by J. Dale Shively, Program Coordinator with Texas Parks & Wildlife STAFF PRESENTER(S): Name Title /Position 1. Rudy D. Garza Director OUTSIDE PRESENTER(S): Name 1. J. Dale Shively Department Intergov. Relations Title /Position Organization Artificial Reef Texas Parks & Wildlife Program Coordinator BACKGROUND: In the summer of 2009, a request was made by Council for staff to renew the process of looking into the possibility of an artificial reef in the waters off the coast of Corpus Christi /Padre Island. After extensive research on the issue, a memo was sent to Council on July 1, 2009 (attached) explaining the various options available to us, some of the challenges associated with the process, and key stakeholders that would need to be engaged at the State and Federal levels. Since that time, all key stakeholders have been engaged in initial conversations including the United States Navy in Washington D.C., and both Texas Parks & Wildlife and the General Land Office in Austin. At my request, I have asked Dale Shively, who is the State of Texas foremost expert on artificial reefing, to come before City Council to discuss the State's program and opportunities for our community. The goal of this presentation is for Mr. Shively to make himself available to answer any questions you may have on the process and to possibly provide direction to our community on how to move forward on this initiative. REQUIRED COUNCIL ACTION: No council actio s ' re • uired .t this time. PowerPoint Supplemental Information ® -161- udy D. G IGR Direct rudyga @cctexas.com 361 - 826 -3082 SSW City of Corpus Christi Memorandum To: Through: From: Date: Subject: Mayor & City Council Members `Angel R. Escobar, P.E., City Manager Rudy Garza, Intergovernmental Relations Director July 1, 2009 Artificial Reef Program — Background and Next Steps As requested by Council, enclosed is some research information regarding an existing federal program to create artificial reefs with retired Navy ships and some of the action necessary to restart the process of pursuing this initiative. Background: Approximately four years ago, the City pursued discussions with the US Navy at the Naval Shipyard in Washington, DC, concerning a possible ship -to -reef program for the Corpus Christi area. The Navy was involved at that time with the USS Oriskany that was subsequently sunk as a reef off the coast of Florida on May 17, 2006. At the time we talked with the Navy, they said they had no ships available but would keep us in mind for future ships, which provides the basis for our current inquiry on the issue. In general, two types of artificial reefs can be pursued: near shore, in relatively shallow water or off shore in much deeper water. Near shore reefs can be in relatively shallow water, for example, Corpus Christi Bay (where many of the historical reefs have virtually disappeared because of the previous practice of dredging for shell). Near shore shallow water reefs can be manmade through the placement of concrete pilings, the sinking of barges, or specially constructed reef material, all of which are governed by the type of bottom and the depth of the water. Off shore reefs are typically in much deeper water and along the Texas Coast would need to be seven miles or more off shore, depending on water depth. (State lands extend out nine miles.) Constructed off shore reefs have typically been through the use of ships sunken at appropriate locations or, in some cases, the use of marine drilling rigs sunken in place or at selected locations. (There have been some variations in other parts of the country with the use of train cars, buses and trucks.) The benefits of artificial reefing either near shore or off shore is to provide increase fishing opportunities and in some cases recreational diving opportunities. The State of Florida has been one of the more aggressive states in promoting artificial reefs. As mentioned above, the USS Oriskany, the first ship under the Navy's ships to reefs program, was placed off the coast of Florida in 2006 and a number of smaller —1 6 2 — vessels have been placed off shore of Key West, Florida, to enhance fishing and diving. The latter program has just been completed. Attached is a newspaper article about that program. Bay and Offshore Programs: In order to move forward with an artificial reef program, the easiest would be some type of bay reefing program which the local Coastal Bend Bays and Estuaries Program may be willing to support. This would be the least costly but would still require considerable coordination and approval by the State and a U.S. Army Corps of Engineers permit. Potentially, there may be funding available through the Coastal Bend Bays and Estuaries Program and through the Texas General Land Office/Coastal Coordination Council grant program. The ships to reef program for off shore is considerably more complicated and appears to be much more costly. The State of Texas began off shore artificial reefing with sunken ships in 1973 and 1974. At that time, an organization known as the Texas Coastal Marine Council acquired 12 Liberty ships, performed all environmental clean up of the ships, acquired the necessary Corps of Engineers pemrits and sunk the ships in pairs along the Texas Gulf Coast. Since that time, only one other ship has been utilized for the reef program, the Texas Clipper, a Texas ABM University Merchant Marine training vessel. The State worked on that program from 1998 until its completion in 2008. Process for Consideration: The process for utilizing ships for reefs involves a number of entities and will require a good deal of coordination and involves a number of steps. There are several possible sources for ships. The United States Navy has a program through their NAVSEA office that has a Navy inactive ships program. Federal statutes allows the Secretary of the Navy to transfer by gift or otherwise any vessel stricken from the Naval Vessel Registry for use as an artificial reef. There is also a possibility that the US Coast Guard may be striking some of their larger cruisers that may be available for a reefing program and there may also be some American flagged maritime vessels, although the latter is in great competition from India, Pakistan, and Bangladesh where ships are scrapped. These ships must be authorized Through an application process. The Navy inactive ships program evaluates applications according to criteria such as: (1) Whether the state has an authorized reefing program (Texas Parks and Wildlife Department developed the Texas Artificial Reef Plan and it was adopted by the Texas Parks and Wildlife Commission in 1990). (2) Is there strong support from the executive branch of state government for the reefing? (3) .Does the site have a U.S. Army Corp of Engineers permit? (4) Will the state bear all responsibility for complying with all federal, state, interstate, and local regulations for cleaning, using, siting, constructing, monitoring, and managing a vessel as an artificial reef? (5) The state must agree to prepare the ship according to the Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs. This document was co- authored by EPA and the Maritime Administration. It requires "... the ship to be environmentally clean which includes the removal and disposal. of liquid hydrocarbons, loose debris, floatable materials, and other ship and reefing site specific items such as PCB components" (6) In addition to (5) above, the project must conform to the "National Artificial Reef Plan (as Amended): Guidelines for Siting, Construction, Development, and Assessment of Artificial Reef." This document was prepared jointly by the US Department of Commerce and the National Oceanic and Atmospheric Administration. State of Texas Role: The State of Texas, through the Texas Parks and Wildlife Department, Coastal Fisheries Division, Artificial Reef Program is the entity that oversees any artificial reefing both near shore and off shore. In addition to TPWD, the Texas General Land Office has over the years stated their interest in the program. The GLO's statutory role appears to be limited to providing the state lease for any near shore project or any -163- off shore up to nine miles into the Gulf. After nine miles a federal lease must be obtained. The GLO does have a number of grant programs either directly through their agency or through the Coastal Coordination Council which may be of some assistance. U.S. Arm Corp. of Eneineer Role: The third major player is the US Army Corps of Engineers. They must issue a permit for any reef construction, near shore or off shore. In discussions with the USACE, they appear to be very positive about such an undertaking, but they will have to coordinate with all of the other federal agencies in the permitting process. Precedent has been set off the coast of Florida that may give some guidance. Next Stens to Proceed: A number of steps must be undertaken in order to proceed with determining the feasibility of pursuing this project: (1) Create a small working group of Rudy Garza (Austin/USACE contacts), Larry Meyers (Washington and Navy contacts), Tay Reining (because of his knowledge of environmental regulations and his ties with the Coast Guard from which he retired), and other local experts knowledgeable of this process. (2) Meet with Texas Parks and Wildlife Department and Texas General Land Office staff in Austin to determine their interest and what type of technical and financial assistance may be available from the State. (3) Once informal meetings are held to determine the State's interest, prepare a letter from Mayor Adame formally requesting TPW & GLO assistance in the project. (4) Brief our state legislative delegation after the meetings with TPWD and TGLO to garner their support. (5) Set up meeting in Galveston between the U.S Army Corps of Engineers and city officials to discuss the issue and discuss permitting requirements. (6) Contact the city manager's office in Key West, FL to gather information on the reefing program there, including costs, participation, time, etc. (7) Continue efforts in Washington to discuss our participation in this program with the Navy and, if appropriate, send letters from the Mayor to our U.S. Representative and Senators requesting their assistance. (8) Contact local organizations such as the Coastal Bend Bays and Estuaries Program, Terns A&M University Corpus Christi — Harte Research Institute, and other interested parties about partnering up on this initiative for both technical and f nancial assistance for the program. (9) After determining the interest of the State agencies and their possible financial assistance, the interest of potential local partners, and whether it appears possible to acquire a ship or ships from the Navy, together with the information gleaned from the Florida project, staff needs to determine the feasibility of the project in the next three to five years. If the project is feasible, staff can then proceed to prepare a report for Council review in order that the Council can provide guidance on proceeding with the project. As has been explained, there are many components of successfully bringing an artificial reef to the Coastal Bend area. It will require state and federal assistance, many partnerships and a collective effort to be successful, not to mention cooperation from the Navy on the availability of a vessel. We intend to proceed with initial discussions with the various parties to determine the feasibility of this request and update you as we go. If you have any specific questions, please contact me to discuss. —164— Texas Artificial Program General Duties and Objectives • Create and enhance fishery resources through development of artificial reefs • Preserve existing natural hard bottom • Facilitate public access to reef sites will minimizing conflicts • Minimize environmental risks in creating reefs • Use best scientific information available -168- C 0) CD a 0) rie (1) Q cri M W 03 C 0 I Lo,,, -D c c cJ'0 '< CD 0 (f) Q ° w a. W N CA =; 0 co t-R > ilt to N U) rn N a —173— .117-1 trr. , 4 • Ifittrm r .4-44 r -ff I f ■{ flifif C 4 ES • lassemintes - -1 7 4- • h -175- a5ae8 AiveN JA Teog6n L • * r t 5. \ rlb r • ION se6ieq y •_ �a�ual pue sdigS i peq!i z • sjee - o ; -sdiys -180- -182- 2009 Projects: SALT Reef Deployment ,�,} • 75 1 -Ton Quarry Rock . _` A 'l- �'�` t • t . • First material deployed, z � r -� ��wj� .,, at reef t 7 ,` �. i '- • _ • Buoy installed material deployed at reef " - • Reef Date: June 16, 2009 j.,. ,„ . TPWD Cost: $96,450 -183- CA Go O 0 • 1 '^ 4 • 'iZ ��y' '• Ltn fincri s •. nr•• s. fi a. • a .. i sawn `F ,, r .0 y I x ,, { r i @ 3 +Af ate a. �, r .r'f. t'� a� 10: •r 4,4. . j s1 W epaa; � a ueweiddns . TL Y L �.. _ am' p v L 10' � 1 s){oolq gse-A 00C �., z r► SPOAIna a4aaauoa /Ciun� odd 40 t Y � �� J 't • • sljeq jean 614 • ; , : Y , sNoolq OQ£ .. t spailno 81.9.101.100 +6 /Cplunpoddo io sie!Je;ew -194- Y f i i x4 7 S OOJ C.enb y7v ` _ FF , S 4 $ smao�q a -Al 00 � • Sp9AIna aiaaouoo +obi All Un laoddo :o sisiaaiew -195- .. .. : - 117 t ` }... • i c�i`�✓ �' a�'. TjF" s"itiz 6 .. RIb' 4^ @intonJns add paplann 1. • t .. P i • dt SMooJ JJen t. shag Jew _ . � .� 4 ; • 41 e • spoolq use-AR ooc • •••._.: w' Air. Y `�� CP jr. speigno a1aiouoo +ptr • r fPiy` s;, /4iunpoddo Jo s�elialew „ti • salod Jemod aiaaouoo 39 G • ` •.t . Song WsIdS rx , ++,t,,,, ,-,„ Lam! rt, eJnToruls edict paplann I, . 414111 ..R in i ilaI s){oola use -Ali ooC • , spanlno eTaaouoo -+-ov • ; Ail AHHunPoddO JO sie!ieleVJ ciI nsf e i er:. a "x .,, i z, • 2,212 Tons Concrete Milt 7,', '4 LI i 1, • ry k Culverts • 732 Culverts 20 -88" diameter x 8ft '� 4.7. • 40 Hatchery Troughs +.5in. 3 -4ft x 4 -12ft ,.**.t.-....:- f k } " he• �• 11, Port Harbor Entrance �,• ti : ; }„ ,.:'' ;, f � 1;} Dredged May 2009 • i - , �a... • Tow and Reef Date: R July 2009 t rofecL V [.�i L_A�..;. ;;i3,. %:._ t[ i�, (tJ,- TPWD Cost: $180,000 ii 000`091-$ :4900 ClMdl 9L8`L6V$ :omen 1o° {old 7.4%sahtiktittl art" 77:•,..,• , _ . { 6003 isn6nv — AIN' .24-1-- :elect least] o J paeJWuo0 • E. s6ur !2 swees xog f. 8T0aouoo suol 098`3 . .�f zr;n, _�,x - •fri aBpiig ieuuetiO eiquani- :s ;oe foici 6003 • 0ii `ueW JaaH . . b�lSi!1 :I1:!Y 4'. a_ e:.S'.. a. 0 13 0 0 3 Q) 4G fn'' C0 a 0 tt 0 Q) 9 @ v 0 0 c -202- -206- -212- -215- -216- -218- ,= • zt ,, �y 5 t ,.. x (i y • ti�i. b - 4.�1M., FS 1� i mczn =i. -1 * +_ .. s _ i . - --,„ • i .. _ -M '1 ,11 ' n ip r:npA _ • F.ye' ... � F - 4 n }: e • } eoueieeio llog 6u!uIe ;uiew • -219- NEL E71. Js Ig p� nS �� � . 'r mr"�' 11.l gyp ' ... Vr49 ' 14; ghgP. AM • SS033V JOI peuedo smopuum -224- .,.T. c. n'n Remediation Totals t i a t ri i Quantity Hydrocarbons 7,000 gal Oil Sludge 7,040 Ibs Asbestos 1,680 cubic yds PCBs (solid) 72,250 lbs PCBs (liquid) 4,000 Ibs PCB contaminated material 017,020 Ibs Debris and Floatables 1,410 cubic yds Non-hazardous liquid wastes 320,952 gal Other materials None found -228- ! sCNi -229- fits to T .. _ exas Bene Habitat enhancement y Fishery enhancement rk Greater fishing & k diving opportunities sk, Recreational Fishing. 4. billion total billion in salt water Value of Recreational Diving ? ?? 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Change in Fiscal Year Update Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Cindy O'Brien Interim ACM for Administrative Services 2. 3. OUTSIDE PRESENTER(S): Name 1. None 2. Title/Position Organization ISSUE: The determination of the feasibility of changing the date of the City's fiscal year end from July 3151 to September 3064 and considering the financial impact of the change. BACKGROUND: The Council instructed staff to analyze the feasibility of changing the date of the City's fiscal year end from July 315L to September 30t. A presentation was made to City Council on July 21, 2009. Due to the potential financial impacts of changing the fiscal year, City Council requested that staff come back with a presentation detailing the costs associated with changing the fiscal year. Lam, ✓.lam -�v Cindy 0' • n, Interim Assistant City Manager - Administrative Services CindvO@cctexas.com 361- 826 -3217 —235— ct U N q--+ ct N ct • U 'a O 0 ct vp ?-7,-1 U t vp O ct• O vp E v cip . -0 vp U Ct U t < U O � O O 0 0 0 E 0 0 cip ct E. 0 4 0 -0 t 0 3 M � ct > 5 > ti 1 C- o j U • iJ c) O C.) 0 Houston — June 30th El Paso — August 31st 0 M 0 E 0 it 0 cip 0 -0 t 0 ct 0 ct 0 c, .0 U Brownsville ct - 0 Ct cv ct ct o O O ct ct ct O N 0 0 • 5 cu 4, Q Grand Prairie San Antonio 0 0 0 ct 0 ct U U ct 4) vAkr;oo1.) �N v) z ct ct �Ati o • 0 U ct by Cr • s_ U 141 L ct oses CA • a � �O o 0 u. = Q, g ct .� o c 3 4—a - ct - ct a) r L) 21 AL) " A • ,._, ct N ct ao"d Ct O • k -o A 0 a) 4 Q) a) a) r--+ Clo Uc," ct �o•v) CL) Ct 0 °C.) Ct o bh O - a ; c; C4 o Ac2 .= L-1 CD ct bh ct U ct 0 ct kr) N N N N 00 N CN1 0 H>"4 Ct kr) kn kr) ‹) NN NN 0 kr) kr) 0 0 71- N 0 07/24/09 07/28/08 Receive Certified Roll 07/28/09 07/22/08 Adoption of Budget Publication of ETR Adoption of Tax Rate Receive Certified Levy Approve Certified Levy FIS(.\1. YEAR 211111 -21111 PROPOSED PIS('. I] YEAR 21110-2011 ct A--) V1 0 N N bA rzio r:10 O ^,cam O ct O t .O Ct Thg ct O CA 0 O O O. .O rid O E bio ct N N bA ust O Cr) JJ O ct ct O 0 .-1 • < a) O E ATh O W � Computer systems will need to be modified Close out FY2009 -10 at 7/31/10, THEN 4 0 1)0 ct ct O O ell M M ct O� 0 � ' � 1 - 0 • CL r"i — r51 Il CD 00 Il 0 0 O t 4- L- � -0 N cA ct U 2 2 , O Q. E % E4 t Q 3 O 0 - o s- 3 ° E ct - - Q E o ct ct . o .� c) • - L. cu cu N N Q., 0 0 0 ct ct ▪ o o o 0 Q. Q. Q. E� a-1 a� H o O o O pp M M pp N N Revenues for Aug -Sept 2009 Expenditures* for Aug -Sept 2009 onthly expenditures consist of 74% Salaries and Benefits 16% Interdepartmental Allocations 4% Debt Service Transfer 6% Operating Costs (including fuel, electricity) C 0 t - ct 7, 'a t E ct eu t O �o o 0 0 ti t o o o v •1110 451 0 g Aa) ct 1 Et ,-� ct � P a� ais o .- o ar. 0 0 r (:) (:) 0 (:) 0 ----. CD 0 0 0 0 ------. co c:) cn oo o 750' 0 I) N o bt) p4 • /-1 ei -1 . 5 ct ia) on 'c,7:' s' 14 to E ;-1 p4 v) ac, o t cn o 78 4 o ID 0 cu to , ct t o . — Td ti • — 0 1 = .1.) , ._ 0 0 at:, E to clo t cr V V y< t 0 = I:4 c4 4-1 P4 0 0 N N c Q N .5 N 0 t ct F t N - N d O M E N U t 0 Ci N 0 cip a) Li- N cip cip tit vp vp 00 O M N ct c oe N 00 bg vD ct t 0 0 0 E 0 e. 0 E 0 0 O 0 ct t 0 O rel 11 Fund to make Debt Service Fund whole N t ct Tid cip N 0� 0 0 c cip U O � Cr) ct 011 —c—Ht O A� U N C cc3 cip U U � N Ct ten 444 4 v) U "d ct vp ct O vp 0 O t O U ct U vp O U U O ctbA •h O „co O a U U bO •� O � . U O U O cip Clo •O 0 at cit C/, • ,-- o -0 O N — M - tuo O .- rte rite di OCip N N • U U U cip � ' ,—� t++ •U U U O U end 0 FIS(. I. 1'1;. \R 211111 -21111 PIS('. I. 1'1E;. \R 2011 -21112 v, iart tar a 1100"0103/400 ;orpus hilsti