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Agenda Packet City Council - 01/26/2010
NNW `.11001%./%n/01 anuary 26,2010 .00.4 ZIA tit i ft% 1. 44il 9:45 A.M. - Proclamation declaring Friday, February 5, 2010 as "National Wear Red Day" Proclamation declaring the week of February 1— 5, 2010 as "National School Counseling Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 26, 2010 10:00 A.M. PUBLIC NOTICE THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 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 limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Mr. Brian Smith, Christus Spohn Health System, Vice - President, Mission Integration. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Priscilla Leal 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 John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting January 26, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of January 19, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. SPECIAL BUDGET CONSIDERATION ITEMS: 2. Ordinance amending the FY2009 -2010 Operating Budget adopted by Ordinance No. 028252 due to projected decline in sales tax revenues of $6.6 million, by adjusting expenditures and revenues in the General Fund, and various Internal Service, Enterprise, and Special Revenue Funds; and declaring an emergency. (Attachment # 2) 3. Ordinance amending Code of Ordinances, Chapter 39, Personnel, consistent with amendments to the Fiscal Year 2009 -2010 budget as adopted on January 26, 2010; and declaring an emergency. (Attachment # 3) 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. Agenda Regular Council Meeting January 26, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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.) 4. Motion approving a service agreement with ISS Facility Services, of Corpus Christi, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI- 0171 -09 based on best value for an estimated annual expenditure of $63,186.84 of which $31,593.36 is required for FY 2009 -2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. Funds have been budgeted by Building Maintenance in FY 2009 -2010. (Attachment # 4) 5. Ordinance appropriating $170,272.66 from -Nueces County in the No. 1061 Police Grants fund for funding eligible under the FY 2009 Operation Stonegarden Grant Program, to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U. S. Highway 77 and State Highway 44. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $517,268 to the State of Texas, Criminal Justice Division of the Governor's Office for funding eligible under the FY 2009 Recovery Act - Edward Byrne Memorial Justice Assistance Formula Grant, to be used for the purchase of equipment and sworn officer overtime in an effort to disrupt gangs as well as the trafficking of illegal drugs, contraband, and human beings. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas, in the amount of $471,941.75 for McNorton Channel Improvements — Phase 1, Gilliam Street Improvements for the Total Base Bid Part A, Part B, Part C and Part D. (Attachment # 7) Agenda Regular Council Meeting January 26, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Resolution authorizing the formation of a Joint Land Use Study Committee to address land use compatibility next to or associated with flight patterns from Naval Air Station Corpus Christi, Cabaniss Field and Waldron Field and, directing staff to prepare a joint land use study grant application for review by the committee and for submission to the Office of Economic Adjustment of the Department of Defense. (Attachment # 8) 9. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and the First American Corporation for the creation and retention of jobs and authorizing the City Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the First American Corporation Business Incentive Agreement. (Attachment # 9) 10. First Reading Ordinance - Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by adding a new Division 29 to establish the Island Strategic Action Committee; providing for publication. (Attachment # 10) J. 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. 11. Executive Session regarding former Municipal Juvenile Court Judge under Texas Government Code Section 551.071 Consultation with Attorney with possible discussion and action in open session. Agenda Regular Council Meeting January 26, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Ordinance authorizing the City Manager or his designee to execute a Use Agreement with the Junior League of Corpus Christi for the design, installation and donation of park improvements at the Antonio E. Garcia Park located at the corner of Agnes and 17th Streets. (Attachment # 12) 13. Resolution approving the inclusion of The Gardens at Cole Park in the Cole Park Site Plan. (Attachment # 13) 14. Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding to supplement or replace Hotel Occupancy Tax funding for the following organizations: Arts and Cultural Commission, Corpus Christi Symphony, Antonio E. Garcia Arts & Education Center, Texas Jazz Festival, Arts Community Center, Instituto de Cultura Hispanica, South Texas Botanical Gardens and Nature Center, Harbor Playhouse, Texas State Museum of Asian Cultures. (Attachment # 14) M. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. N. 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: Agenda Regular Council Meeting January 26, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL. BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: (NONE) P. 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 9) tJ p.m., on January 21, 2010. 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 5:00 p.m. Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 RIDE orpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 19. 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: City Staff: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Marc Denson with Waves Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of January 12, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 10). There were no comments from the public. Council Member Leal requested that Item 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2010 -015 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10- 1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $141,008.92. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants and the Operations Budget of the Senior Community Service Division. Ben E. Keith San Antonio, Texas 86 Items $60,880.04 Performance Food Group Victoria, Texas 88 Items $80,128.88 Grand Total: $141,008.92 Minutes — Regular Council Meeting January 19, 2010 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3. MOTION NO. 2010 -016 Motion authorizing the purchase of specialized equipment for the Corpus Christi — Nueces County Public Health District (City) for a total amount of $61,188 under the Community Preparedness Section /Public Health Emergency Response (PH ER) — Focus Area 2 grant awarded to Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund No. 1066. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.a. MOTION NO. 2010 -017 Motion authorizing the City Manager or his designee to accept a grant in the amount of $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant 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 ". 4.b. ORDINANCE NO. 028460 Ordinance appropriating $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase equipment for the Police Department and an educational program for Municipal Court. 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 ". 5. RESOLUTION NO. 028462 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Del Mar College for joint affiliation in the training of fire cadets. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. MOTION NO. 2010 -018 Motion authorizing the City Manager, or his designee, to execute an Agreement with Union Pacific Railroad Company in the amount of $138,798 for improvements to existing public road at grade crossing, for Port Avenue, DOT 435 497v. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting January 19, 2010 — Page 3 6.b. MOTION NO. 2010 -019 Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $148,026.15, fora total re- stated fee of $8,389,415.06, for construction of a road crossing at the Union Pacific Railroad Track, as part of the street improvements to North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. RESOLUTION NO. 028461 Resolution authorizing the City Manager or his designee to execute all documents necessary to enter into an agreement to contribute local funds with the Texas Department of Transportation (TxDOT) for an amount of $100,000 in participation funding costs to the City for certain highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard South to Oso Creek Bridge. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.a. MOTION NO. 2010 -021 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Smith Parties and Peterson Parties, Developers of Oso River Estates, in the amount of $753,034.67 for the City's portion of the cost of extending Ennis Joslin Road, including the Ennis Joslin Road Bridge over the Williams Ditch, in accordance with the Platting Ordinance. (BOND ISSUE 2008) 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. MOTION NO. 2010 -022 Motion authorizing the City Manager to execute a Deferment Agreement with Smith Parties and Peterson Parties (Developer), in the amount $459,521.32 for the construction of Williams Drive for Oso River Estates, located south of South Padre Island Drive (SH 358) and west of Paul Jones Avenue, contingent upon receipt of an acceptable form of financial document compliant with City requirements. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. ORDINANCE NO. 028463 Renaming the park located at 10622 Frontier Drive, Frontier Drive at Wind Rock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. (First Reading — 01/12/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting January 19, 2010 — Page 4 Mayor Adame opened discussion on Item 7 regarding the Las Colonias Subdivision Drainage Improvements. Council Member Leal thanked staff for addressing the drainage improvements needed for the Las Colonias Subdivision. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2010 -020 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $93,195.60, for a total restated fee of $469,837.70, for additional clearing and debris handling, as part of the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing Stabilization at Saratoga Bridge Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. * * * * * * * * * * * ** Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1209 -02, Reimco, Inc.: A change of zoning from the "A -1" Apartment House District to the "AB" Professional Office District on property described as Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street. Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including an aerial view; zoning map; existing land use map; the "A -1" and "AB" uses; photos of the subject property; future and use map; department comments; and recommendations. Mr. Perales stated that the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ' 11. ORDINANCE NO. 028464 Amending the Zoning Ordinance, upon application by Reimco, Inc., on behalf of First Church of Christ, Scientist, by changing the Zoning Map in reference to Bay View, Block 1, Lots 13 through 16, from "A -1" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 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 ". Minutes — Regular Council Meeting January 19, 2010 — Page 5 Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case Nc. 1209 -03, EL Real Estate Holdina Company. LP: A change of zoning from the "B- 1" Neighborhood Business District to the "B -3" Business District on property described as Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. Assistant City Manager of Development Services Johnny Perales presented an aerial view of the subject property; the zoning map; and the existing land use map. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including a history of previous zoning changes requested by the applicant; photos of the subject property; the future land use map; department comments; and recommendations. Ms. Macon stated that the staff based their recommendations on the area still being zoned as residential; noise, lighting; and traffic concerns. Mr. Perales stated that the Planning Commission recommended approval of the "B -3" Business District. Mr. Perales stated that staff recommended denial of the "B -3" Business District and in lieu thereof a Special Permit for an open -air pavilion /events center with eight conditions and subject to an approved site plan. Kathy Akin, BL Real Estate Holding Company, provided photos of the subject property before and after improvements made by BL Real Estate Holding Company. Ms. Akin stated that the location would serve as an open air pavilion and would provide an economic impact to the community by bringing tourists to Corpus Christi. James Gourley, 217 Amistad, spoke regarding the special permit conditions proposed in staffs recommendation. Mr. Gourley stated that the property owner has gone above and beyond the requirements previously approved in the special permit requirements for this property and added that the venue would compliment the area and is essential to the economic success. The following topics pertaining to this item were discussed: the ownership of Lots 10 and 11; the location of residential property; the conditions of the prior special permit of the property; traffic concerns; lighting and trash concerns; and the proposed requirement for solid masonry walls to serve as visual and sound barriers. Abel Alonzo, 1701 Thames, thanked the Council for supporting the business community. Council Members Adler and Martinez indicated support for the planning commission's recommendation. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028465 Amending the Zoning Ordinance, upon application by BL Real Estate Holding Company, LP, by changing the Zoning Map in reference to Tyler Subdivision Block 1, Lots 2, 12, 13, and 14, from "B -1" Neighborhood Business District to "B -3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Minutes — Regular Council Meeting January 19, 2010 — Page 6 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 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1209 -04, Corpus Christi Housing Authority (La Armada Site): A change of zoning from the "A -1" Apartment House District to the "B -1" Neighborhood Business District on property described as: Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,360 feet northeast of Horne Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,482 feet north of Horne Road. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial photo; the zoning map; the existing land use map; "A -1" and "B-1" allowable uses; views of subject property; future land use map; department comments and recommendations. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B -1" Neighborhood Business District for Tract I and Tract II. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 028466 Amending the Zoning Ordinance, upon application by Corpus Christi Housing Authority, by changing the Zoning Map in reference to 9.089 acres out of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, and 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, from "A -1" Apartment House District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 14 regarding the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. Director of Engineering Services Pete Anaya explained that the existing programmable logic controller (PLC) center is outdated and no longer supported by the contractor. Mr. Anaya added that the PLC does not provide the plant operations with reliability and control and is prone to failure. Mr. Anaya provided a brief overview of the project scope of services. Mr. Anaya introduced Bill Stark with Bath Engineering that was available to respond to questions. Minutes - Regular Council Meeting January 19, 2010 - Page 7 In response to Council Member Leal, Mr. Anaya stated that this amendment is not part of the damage done last week at the O.N. Stevens Water Treatment Plant and that the contractor is paying for those damages. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2010 -023 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas in the amount of $380,915, fora total restated fee of $826,515, for the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwasabsent. Mayor Adame opened discussion on Item 15 regarding an amendment to the lease agreement with the South Texas Institute for the Arts. Director of Neighborhood Services Eddie Ortega stated that the intention of this amendment to the lease with the South Texas Institute for the Arts is to exclude a portion of land for the purpose of creating a project brought forth by the Junior League of Corpus Christi. Mr. Ortega added that staff recommends the amendment to the lease. In response to Council Member Adler, Mr. Ortega stated that all parties are in support of the project. Council Member Chesney asked if all of the issues regarding this portion of land had been resolved. Assistant City Manager Margie Rose explained that modifying the agreement resolved most of the issues which would allow the land to be in possession of the City to allow for the establishment of park for the Junior League to have playground equipment installed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a second amendment to the lease agreement between the City and South Texas Institute for the Arts to decrease the leased premises in order to create the Antonio E. Garcia Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 16 regarding the dedication of land as the Antonio E. Garcia Park. Interim Director of Parks and Recreation Stacie Talbert explained that this item is in conjunction with the previous item to create a park next to the Antonio E. Garcia Arts & Education Center. Ms. Talbert stated that the City is working with a student group from Texas A & M University - Corpus Christi to adopt the park to provide maintenance. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked everyone involved in the project and stated that this park will improve the quality of life. City Secretary Chapa polled the Council for their votes as follows: -7- Minutes — Regular Council Meeting January 19, 2010 — Page 8 16. FIRST READING ORDINANCE Dedicating the approximately .98 acre area located adjacent to the building currently occupied by Antonio E. Garcia Arts and Education Center, located at the intersection of Agnes Street and 17th Street, as the "Antonio E. Garcia Park ". The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame announced that Item 17 was postponed until February 16, 2010. 17. POSTPONED TO FEBRUARY 16, 2010 Article 6B titled "Towaheuce Dwo ng D4etr+et Regulations" and creating a new Article 6B * * * * * * * * * * * ** Mayor Adame referred to the presentations on the day's agenda. Keith Arnold, CEO of the Corpus Christi Convention and Visitors Bureau (CVB) referred to a powerpoint presentation including the hotel occupancy tax (HOT) collections; comparison of hotel occupancy versus average daily rate statistics; summer tourism facts; nature tourism initiative update; the nature tourism portal; first quarter sales for convention, sales highlights; interactive marketing highlights; web visitor highlights; communications; and media advertising. The following topics pertaining to this item were discussed: the description the CVB uses to describe Padre Island -and updated technology used to promote the City. John Trice, Chairman of the CVB Board, thanked Mr. Arnold and his staff for their work and the Council for their support of the CVB. * * * * * * * * * * * ** MayorAdame opened discussion on Item 18 regarding the special budget consideration item on the proposed amendments to the adopted FY2009 — 2010 budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a status of the sales tax revenues; actions discussed and implemented since November 2009; the process used to identify actions presented; the list of reductions; position changes; and the Reduction in Force (RIF) process. Mr. Martinez also provided a list of alternative proposal savings recommendations for the Council's consideration. Council Member Chesney spoke regarding the elimination of the recycling program and stated that he believed that eliminating the recycle program is not an option. Mr. Chesney also stated that he did not support the closure of the Zavala Senior Center. Mr. Chesney recommended -8- Minutes — Regular Council Meeting January 19, 2010 — Page 9 freezing or eliminating the Deputy City Manager and Director of Economic Development positions; using the resources of the Economic Development Corporation; considering five (5) furlough days for employees; focusing on resolving the insurance issues; reviewing the retirement plan; eliminating one Assistant City Manager position; and reviewing temporary services. Mr. Chesney requested that staff provide the savings for freezing or eliminating the Deputy City Manager, the Director of Economic Development, and an Assistant City Manager position; and a list classifying the RIF positions by classification /rank. Council Member Scott stated that he did not support the reduction regarding recycling; the elimination of street maintenance; nor the closure of Zavala Senior Center or Joe Garza pool. Mr. Scott addressed the issues of the possibility that sales tax revenues and ad valorem taxes will continue to drop and suggested that staff look at short term and long term solutions. Mr. Scott recommended reviewing the possibility of as many as five (5) furlough days; receiving the reimbursement from the Tax Appraisal District; altering the current employee compensation plans; reviewing the retirement package; resolving health issues with the police and fire unions; increasing solid waste fees to offset cost of recycling; use of recycling centers; reviewing and possibly minimizing operations at Development Services; energy conservation; and consider privatization of services. Mr. Scott urged Mayor Adame to reach out to the police and fire representatives to resolve the health insurance issues in preparation for next fiscal year. Council Member Kieschnick stated that he would not support the closure of Zavala or the Joe Garza pool. Mr. Kieschnick expressed that most of the cuts proposed by staff were not long term and sustainable. Mr. Kieschnick provided the following recommendations: outsourcing park maintenance, the Human Resources Department, and the recycling program; identifying parks for closure with voter approval and turning them over to homeowner associations to maintain or use for future low to moderate income housing projects; restructure and /or reconsolidate mid and upper management positions; eliminate the Deputy City Manager and Director of Economic Development positions; review all the positions created in the last five years; and re- evaluate the retirement plan. Mr. Kieschn ick requested a list of all newly created positions in the last five years and asked staff to look at ways for making recycling profitable. Mr. Elizondo recommended that the organization share responsibility roles; continue discussions with the unions; keep the street maintenance_program, recycle program, and senior programs; look at going to a four (4) day work schedule; review the health and retirement plans; review long term contracts for possible renegotiations; elimination of parking meters in the downtown area; energy management; have a team review the efficiency of departments; zero base budgeting; and receiving reimbursement from the Tax Appraisal District. Council Member Marez expressed concern regarding the definition of core and non -core jobs. Mr. Marez spoke in support of keeping the Zavala Center open; maintaining recycling; increasing furlough days; having an independent auditor review the departments for additional cuts; and collecting all accounts receivable. Council Member Leal agreed with a four (4) day work week schedule; maintaining recycling; and eliminating the closure of the Zavala Center, Joe Garza Pool and events at Ben Garza Gym. Ms. Leal questioned how the proposed reductions were evaluated. Ms. Leal also asked staff to review TMRS for part-time positions; adding additional MIS reductions; and employees eligible for retirement. In response to Ms. Leal, Police Chief Troy Riggs explained some of the reductions recommended by the Police Department. Ms. Leal also spoke regarding the effect of the smoking ordinance on sales tax and asked the Mayor to please revisit the smoking ordinance. -9- Minutes — Regular Council Meeting January 19, 2010 — Page 10 Council Member Adler stated that she did not support the cancellation of the recycle program or the closure of the Zavala Center. Ms. Adler recommended having local advisors review and advise the City on possible changes to the organization to provide options to consolidate programs, departments, and the benefits package. Ms. Adler also supported eliminating overtime and implementing a four (4) day work schedule. Council Member Martinez recommended reviewing and identifying the refinancing of the debt services and taking advantage of lower interest rates; repayment of Tax Appraisal District surplus; reviewing top and middle management positions; reviewing TMRS and health benefits packages; and having an outside consultant reviewing the departments. Ms. Martinez stated that she was in support of keeping the Zavala Senior Center open and committed to the recycling efforts. Council Member Marez requested that his $6,000 council salary be contributed to the general fund to make up for the losses experienced due to sales tax revenues. Staff advised Mr. Marez that a motion was not necessary to take action at the time and that the necessary actions would be taken regarding his request. Council Member Kieschnick recommended holding a workshop at 10:00 a.m. prior to the January 26th meeting to consolidate the options discussed today before taking a vote during the regular meeting. City Secretary Chapa advised the Council that the City Charter restricts the Council from having a workshop on an item that they will take action on the same day. There was a consensus of the Council to begin the January 26th regular meeting at 10:00 a.m. Mayor Adame quoted an article from the National League of Cities that stated 91% of cities in the country are facing budget deficits. Mayor Adame also stated that the City should take advantage of future economic stimulus programs. Mr. Adame spoke in support of the recycle program and not eliminating street repairs. Mr. Adame asked staff to review eliminating jobs; cutting back on salaries; and to pursue opportunities for privatization. Mayor Adame called for comments from the audience. Teresa Klein, Clean City Commission, asked the Council to continue with the recycle program. Carolyn Moon, Green Committee for the Democratic State Convention, thanked the Council for supporting to save the recycle program. Laurie Wood, 3517 Denver, stated that the Clean Economy Coalition strongly endorses the continuation of a city -wide curbside recycling program. Jana Miller Longlois, 242 Bayshore, stated that eliminating the recycling program would go against the goals of the Council. Rebecca Stroisch, 920 Waco, thanked the Council for clearing the trash at Lovenskiold Park and asked that-Coach Enoch Maldonado keep his job at Coles Recreation Center. John Kelley, 413 Waco, stated that he hoped the City would revisit contracts with the American Bank Center, Whataburger Field and the Economic Development Corporation and other subsidized services. Nita Smith, 13158 King Phillip Court, spoke regarding subsidizing the American Bank Center and Whataburger Field; bidding for temporary services; additional costs for the baseball fields to expand Texas A & M University — Corpus Christi; and reducing change orders. Joan Veith, 5701 Cain, asked that the Council reconsider closing the Zavala Senior Center. David Noyola, 4433 Valdez, thanked the Council for reconsidering the closure of Zavala Senior Center and funding for street maintenance. Mr. Noyola expressed concern on spending additional money for consultants and the Memorial Coliseum. Baudelio Ramirez, 5817 Academy, asked questions regarding when the last time the City was audited and the reason the Police Department has a hummer in its fleet. Mr. Ramirez also spoke in support of the Zavala Senior Center and not hiring consultants. Gus Munoz, 1711 Trenton, asked that the Council support keeping the Zavala Senior Center open. -10- Minutes — Regular Council Meeting January 19, 2010 — Page 11 Adan Chapa, 1216 Florida, asked that the Zavala Senior Center remain open. Maria Gonzalez, 1813 Amazon, spoke regarding temporary staffing services; the Memorial Coliseum; and seeking federal funding. Ms. Gonzalez thanked the Council for supporting the Zavala Center. Jesse Molina, 4314 Leonard Drive, urged the Council to not close the Zavala Senior Center, Joe Garza Pool, and the fitness hour at Ben Garza Gym. Oralia Reyna thanked the Council for supporting the Zavala Senior Center. Norma Canales, American GI Forum, asked the Council to reconsider closing the Zavala Senior Center. Rey Madrigal spoke in support of the Zavala Center. Roland Garza thanked Council Member Kieschnick for his representation in District 1 and the Council for the decisions made today. Abel Alonzo, 1701 Thames, thanked the Internal Budget Committee for making the proposed budget recommendations and spoke regarding recycling. Joe Ortiz asked the Council not to close the Zavala Senior Center. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. John Kelley, 413 Waco, spoke regarding George Clower's plan for the Memorial Coliseum and the progress that is being made. Mr. Kelley stated that a meeting will be held on Thursday, January 21st to discuss cost estimates and technical problems. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Cohn Sykes, 309 Aberdeen, asked that the Council reconsider restoring the noon time public comment and reevaluate their support for the Las Brisas Plant. Foster Edwards, Corpus Christi Chamber of Commerce, spoke regarding the Mayor's State of the City Address on January 20th; the Chamber Luncheon with speaker Chancellor Mike McKinney with the Texas A & M System to discuss Naval Air Station Ingleside and the Leadership Corpus Christi Alumni Roast honoring Council Member Chris Adler on February 25th. Abel Alonzo, 1701 Thames, thanked the Council for their good work and encouraged the City to apply for stimulus funding. Rey Madrigal, 6717 Everhart, spoke in support of George Clower's plan for the Memorial Coliseum and asked that the City provide humanitarian support to the victims in Haiti. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:47 p.m. on January 19, 2010. * * * * * * * * * * * ** 2 a) O 0 0 -; __� g 0 CU CO cti p 4. :74 CI (') 78 O +-I cn as • /-1 , - C) CCS x,50 "0 ,n ON p ct +J r0 t)4) .� Pq ct o b/3 s� A • l co r � 0 " O O Q, W U • Joe Garza Pool • Street Maintenance • Park Maintenance Total Cost Added ktm, • • r • r • rl C.) 0 0 C.) %....., 1.....4 • r•.I Q) C.) ..4-.1 (,) O 0 0 O 0 -1—+ 0 C' C‘I ....4 Q ci.) 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Fa cid a▪ ) ct ci..) co o 1-4 qil r—i (Council Direction) Savings $6,000 L. rti 0 0 CZ r0 0 0 • r.• a) +J F.FA▪ S 0 a) PA E 0 0 a) PA PA PA E a) ct C.) "CI a) ;-■ 0 cn a) IDA cid a) al cci .5 Cd CI r0 Ct . 0 O C.) rCi-43 F4 CCS • .c-+ a1(CrCX .---Iff-J l ) ) ) J I 1 • .r4 10 0 r—c0 -n 4 i ) I .• .. 5 aE 0 0 r...a l .4 .. , Q •0 -rPabc0 C•Z ia zA ) i i ct N cd e P., E 8 ab) e a CZ o 4_, Pk o cd p „do ...-, 4itel 0 0 .c..1 E 0 al 0 c▪ i) gli .., • rw4 7) • Tor f1„4 Ca? C4 ▪ eisi (,)(1) • 0 ▪ 411 cl.) bk g:14 If} P4 0 la' 40"' 4S) En F-4 cn cid cn c) 0 cn • obi) c-) 0°., .64 > 0 .,4 b.13 0 c .0 7.)• ri CL), CO CZ "0 Cri 0% P4 C4 1-64 cn P4 :a. cn r=4 cn Til Savings 4,441.1W41/4,, rj FSZPIMI If 4:0 -m- u) actrJD C1) CC$ CCS E • 0 Ct 3 4 Requested Council Action: 01/26/10 Alternate Council Date: 02/09/10 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a service agreement with ISS Facility Services, Corpus Christi, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI- 0171 -09 based on best value for an estimated annual expenditure of $63,186.84 of which $31,593.36 is required for FY 09/10. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. Funds have been budgeted by Building Maintenance in FY 09/10. BACKGROUND: Purpose: The custodial service will be performed at the Frost Building located at 2602 Leopard Street. This service will provide one full -time day custodian that will work Monday through Friday from 8:00 a.m. to 4:30 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. through 11:00 p.m. Previous Contract: The current contract extensions were exhausted, requiring new bids to be received. Bid Invitations Issued: Thirteen Bids Received: Price Comparison: Seven A bid received from Goodwill Industries of South Texas Inc, Corpus Christi, Texas, has been deemed as non responsive for failure to submit all of the information required of the bid. Their bid was substantially higher than any of the other bids received. When compared to the previous contract, pricing has decreased approximately 16 %. However, the decrease is partially due to a revision of specifications which allows the City to furnish paper products under the contract. Award Basis: Best Value The evaluation team, comprised of team members from Building Maintenance and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 30 %, (2) Past Performance 5 %, (3) References 15 %, (4) Bidders Profile and Qualifications 25 %, and (5) Cost 25 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. The lowest cost proposer, ABM Janitorial, San Antonio Texas is the current service provider for this service and has had some difficulty in meeting the service level objectives of the City. The second lowest cost proposer, C & S Janitorial Services, Houston, Texas failed to submit adequate information regarding the resources they planned to utilize on the contract and one reference contacted had some issue with their performance. As a result of the evaluation, the team has selected ISS Facility Services, as the best valued supplier for this service. Funding: Building Maintenance FY 09 -10 530000- 40305 -5110 (6 months) $31,593.36 The twelve month contract will commence in February 2010 and run through January 2011. As such, the City will make 6 months payments ($31,593.36) this fiscal year (FY 09 -10) and 6 months payments ($31,593.36) in FY 10 -11. Therefore, only $31,593.36 is required for FY 09/10 Annual funding for FY 10 -11 will be requested during the normal budget process. The ongoing contract is contingent upon all future budget appropriations. Michael Barrera, Assistant Director of Financial Services mikeb @.cctexas.com 826 -3160 CA Cr CD 53 CD CA co L' O %-< D -1 O w rm C• C0D Q. E' O G. r* O cn 5. g) CD CCDD a 'L3 (D O CIO 0 n o CD c4 GL C, O CD • PO C O O p n• `.3' r.,i to CD 0 Q.. PI S- C g' �s O R. O CD $13 fa. al p-1.3 CD "1 C) r--. 5- C/] C) p <. cn 0 p; a1 5' O 4- yw ,.. %. 8. CAD a. C) o' • _ O �' -. apr r.0 coo o A' V O f oi x OD l �D P cn G g n CD C/1 O CCD CD 0 n >4 co 5 Sy .-r r+1 CA cD p, CD Cro P. co y co C Q. .O - • .t O O CAD o C7 C a m -41 .1 0. CD 0, o o 5". P 7 O CD G). P. Er y 5.: y CD 5' cA co • CA O O ()' o CA -t - CD a1 O 0' P. cr co P CD V3 .(D .CCD D a°a1 • CD a. a y ►t 0 E. co C 0 a Score Annual Cost Pricing Bidders Profile & Qualifications References Past Performance Resources Evaluation Criteria 25 points 25 points 15 points 5 points 30points -0 v O C 2 81.47 $63,186.84 00 CO V N Cn cn N in N 0 Points Awarded ISS Facility Services Corpus Christi, TX 73.00 $47,940.00 iv cn O N in - O • (71 A cn Points Awarded 59.72 $53,940.00 N.) N N N O -a O N bi 01 Points Awarded C & S Janitorial Services Houston, TX 74.00 $78,570.24 '"1 N cn (,1 0 W V C n CO Points Awarded 69 0 V -.4 N O 0) is.) w 0 0 CO v w s Cn —s cn N 6 co 0 Points Awarded J M Maintenance Inc. Corpus Christi, TX co cO V O 0 CO V � A _. •- O CO y _a O N O N OD 0l Points Awarded Paiz Enterprises, LLC Corpus Christi, TX 0 cn c O cn Dpi rZ� X m0D "nzc �Z QDI o -IUD 1 p_ z O 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/26/2010 AGENDA ITEM: Ordinance appropriating $170,272.66 from Nueces County in the No. 1061 Police Grants fund for funding eligible under the FY 09 Operation Stonegarden Grant Program, to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U. S Highway 77 and State Highway 44; and declaring an emergency. ISSUE: Nueces County has received grant funding in the overall amount of $823,944 for the Operation Stonegarden Grant Program of which the City of Corpus Christi Police Department will receive $170,272.66. REQUIRED COUNCIL ACTION: Approval to appropriate the funds. FUNDING: Nueces County will serve as the fiscal agent for the grant and the City will request reimbursement from the County for expenditures on a monthly basis for the overtime hours, fringe benefits, five laser radars, and fuel /maintenance on vehicles. No match is required by the City. Funds are available from October 1, 2009 to September 30, 2012. CONCLUSION AND RECOMMENDATION: Staff recommends appropriating the funds. D. Troy Riggs Chief of Police 886-2603 T rovr�?..J.cctexas.cor i Attachments: • Grant award letter ✓ Grant application BACKGROUND INFORMATION The Nueces County Sheriffs Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriffs Office, with the assistance of the police departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate with the Rio Grande Valley. The Police Department will work 3,025 hours of overtime and purchase five handheld laser radars. Each month, officers timesheets, signed overtime sheets, and worksheets will be provided to Nueces County who in tum will submit the reimbursement paperwork to FEMA, they will review it and send the check to Nueces County. The Nueces County's Accounts Payable division will process payment to City of Corpus Christi. ORDINANCE APPROPRIATING $170,272.66 FROM NUECES COUNTY IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING ELIGIBLE UNDER THE FY 09 OPERATION STONEGARDEN GRANT PROGRAM TO REIMBURSE FUEL, OVERTIME, FRINGE BENEFITS, AND EQUIPMENT EXPENDITURES FOR THE POLICE DEPARTMENT'S COLLABORATIVE ENFORCEMENT EFFORTS WITH NUECES COUNTY ALONG ROUTES OF INGRESS AND EGRESS INCLUDING (BUT NOT LIMITED TO) U. S HIGHWAY 77 AND STATE HIGHWAY 44; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $170,272.66 is appropriated from Nueces County in the No. 1061 Police Grants fund for funding eligible under the FY 09 Operation Stonegarden Grant Program to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U. S Highway 77 and State Highway 44. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of January, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form January 14, 2010 T. T`isha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney - Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01128120 10 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $517,268 to the State of Texas, Criminal Justice Division of the Governor's Office for funding eligible under the FY 2009 Recovery Act - Edward Byme Memorial Justice Assistance Formula Grant, to be used for the purchase of equipment and sworn officer overtime in an effort to disrupt gangs as well as the trafficking of illegal drugs, contraband, and human beings. ISSUE: The State of Texas is providing funding to sixty five cities and counties under the Economic Recovery Act. BACKGROUND INFORMATION: The Corpus Christi Police Department has been designated as one of sixty five cities and counties across the state to apply for these funds. The department has been working with the South Texas Coastal Sheriffs' Alliance to coordinate enforcement efforts in terms of disrupting gangs as well as the trafficking of illegal drugs, contraband, and human beings. The grant will provide funds for the purchase of five thermal imagers to assist in locating illegal immigrants, the overtime, fringe benefits and fuel to support these operations. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: No match is required by the City. Funds are available from June 2, 2010 through May 31, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. D. Troy Riggs Chief of Police 886 -2603 QTY .rc5)(..c. :...., , ` orr Attachments: Grant application eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 1 of 18 Print This Page 1 Agency Name: City of Corpus Christi Grant /App: 2313401 Start Date: 6/1/2010 End Date: 5/31/2011 Project Title: Border Security Cities and Counties Status: Pending CJD Review Eligibility Information Introduction The Criminal Justice Division (CJD) publishes funding opportunities, known as Requests for Applications (RFA), through the Texas Secretary of State. Click here to visit the Secretary of State's website to locate the RFAs in the appropriate Texas Register issue. In addition, CJD requires all applicants and grantee organizations to adhere to the Texas Administrative Code (TAC) as adopted. Click here to view the current TAC, or click here to view the previous versions of the TAC. Submission Process Nhen applying for a grant pursuant to an RFA published in the Texas Register by CJD, applicants must submit their applications according to the requirements provided in the RFA. CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with 1 TAC, §3.7. Selection Process all applications submitted to CJD are reviewed for eligibility, reasonableness, availability of funding, and cost - effectiveness. For applications submitted pursuant to an RFA, the executive director will select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. A review group may include ;tall members, experts in a relevant field, and members of an advisory board or council. For more information regarding the selection )rocess, see 1 TAC, §3.7. Funding Decisions 411 grant funding decisions rest completely within the discretionary authority of CJD. The receipt of an application for grant funding by :JD does not obligate CJD to fund the grant or to fund it at the amount requested. 4either the approval of a project nor any grant award shall commit or obligate CJD in any way to make any additional, supplemental, :ontinuation, or other award with respect to any approved project or portion thereof. :JD makes no commitment that a grant, once funded, will receive priority consideration for subsequent funding. For more information egarding the application process, see 1 TAC, §3.7 and 3.9. Idoptions by Reference Ill grantees receiving federal and state funds must comply with the applicable statutes, rules, regulations, and guidelines related to the unding source under which the grant is funded. In instances where both federal and state requirements apply to a grantee, the more estrictive requirement applies. For more information regarding grant funding, see 1 TAC, §3.19. :ommunity Plans :ach community, consisting of a single county or a group of counties, must file with a COG a community plan that addresses the ommunity's criminal justice priorities. A community plan should assess local trends and data; identify problems, resources, and iriorities; develop effective strategies; and set goals and objectives. For more information regarding community plans, see 1 TAC, §3.51. luvenile Justice and Youth Projects -36- Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 2 of 18 Jvenile justice projects or projects serving delinquent or at -risk youth, regardless of the funding source, must address at least one of ie priorities developed in coordination with the Governor's Juvenile Justice Advisory Board to be eligible for funding. For more formation regarding these priorities, see 1 TAC, §3.53. tonitoring JD will monitor the activities cf grantees as necessary to ensure that grant funds are used for authorized purposes in compliance with all oplicable statutes, rules, regulations, guidelines, and the provisions of grant agreements, and that grantees achieve grant purposes. rantees must make available to CJD or its agents all requested records relevant to a monitoring review. For more information regarding ionitoring, see 1 TAC, §3.2601. our organization's Texas Payee /Taxpayer ID Number: 46000874 pplication Eligibility Certify: reated on:1 /4/2010 2:04:19 PM By:Wayne Tisdale rofile Information ntroduction le Profile Details section collects information about your organization such as the name of your agency and project title, the aographic area your project will serve and information about your grant officials. lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and avigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error Messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields -e complete and correct. i addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save nd Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. -om that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for ie required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this appens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can e done by typing in the Notes By Grantee / CJD message box. mail Addresses & Grant Officials Information , esignating Grant Officials Within your Application: nter a valid and unique email address for each grant official and click the Verify Email and Set Official to the Project button. If you ?ceive an error message regarding an email address, the grant official you are trying to assign to the project has not registered for a ser account in eGrants. Please inform the agency's grant official or designee that they must log in to the eGrants Home Page, and agister for a user account. If you need technical assistance, please contact the eGrants Help Desk by email. ipdating Grant Officials on Active Grants: o reassign a grant official - Authorized Official, Financial Officer, Project Director, or Grant Writer - to your grant project, ensure at the new official registers for a user account in eGrants first. Next, go to the Request.Adjustment tab and check the box indicating ou would like to Designate a New Grant Official, provide a brief explanation for the change in the Grant Adjustment Justification box, nd then click the 'Create Adjustment Request' button. This will open the Profile.Details tab allowing you to make the appropriate hanges. After you have entered a valid email address for the new Official, go to the Certify.Adjustment tab and click on the 'Certify djustment' button to send your request to CJD for review. If your organization is designating a new Authorized Official, check your -cords to see if a revised Resolution is required. Upload the approved Resolution to your grant project on the 'Summary / Upload Files' ub -tab. If you need technical assistance, please contact the eGrants Help Desk by email. vetting Started in this tab you will notice a certain icon that is displayed. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the iformation provided in the pop up window. Lpplicant Agency Name: City of Corpus Christi —37— (11-1. • . n1". • T 1 11' //1(A, ., eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 3 of 18 Project Title: Border Security Cities and Counties Division or Unit to Administer the Project: Police Department Address Line 1: P. 0. Box 9277 Address Line 2: City /State /Zip: Corpus Christi Texas 78469 Payment Address Line 1: P. 0. Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi Texas 78469 -9277 Start Date: 6/1/2010 End Date: 5/31/2011 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Nueces Grant Officials: 4uthorized Official Jser Name: Angel Escobar Email: AngelE @cctexas.com 4ddress 1: Post Office Box 9277 4ddress 1: :ity: Corpus Christi, Texas 78469 'hone: 361 - 880 -3222 Other Phone: :ax: 361- 880 -3839 4gency: title: Mr. salutation: Mr. 'roiect Director Jser Name: Troy Riggs Email: troyr @cctexas.com address 1: Post Office Box 9016 4ddress 1: :ity: Corpus Christi, Texas 78469 'hone: 361 -886 -2604 Other Phone: :ax: 361 - 886 -2607 4gency: ritle: Mr. Salutation: Chief :inancial Official Jser Name: Cindy OBrien Email: CINDYO @CCTEXAS.COM 4ddress 1: P.O. Box 9277 4ddress 1: :ity: Corpus Christi, Texas 70469 'hone: 361 - 826 -3604 Other Phone: :ax: 4gency: ritle: Ms. Salutation: Ms. ;rant Writer Jser Name: Wayne Tisdale Email: waynet©cctexas.com 4ddress 1: 321 John Sartain 4ddress 1: :ity: Corpus Christi , Texas 78401 'hone: 361 - 886 -2986 Other Phone: 361- 813 -9993 :ax: 361- 886 -2607 4gency: ritle: Mr. Salutation: Captain Brant Vendor Information [ntroduction -38- eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 4 of 18 The Grant Vendor section of the application collects grant payment information for your organization. The following items will be auto- Filled from previous data you supplied in eGrants: Organization Type, State Payee Identification Number, and Data Universal Numbering System (DUNS) identifier (if applicable). lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and ^avigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. [n addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. =rom that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for :he required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this lappens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can De done by typing in the Notes By Grantee / C]D message box. Direct Deposit [n order to receive payments from CJD, complete the Vendor Direct Deposit Authorization and Application for Payee Identification Vumber forms which can be downloaded from the Texas Comptroller's website at https: / /fmx.cpa.state.tx.us /fm /forms /index.php and =orm W -9 which can be downloaded from the Internal Revenue Services' website at http: / /www.irs.gov /. Send these completed and signed forms to the Office of the Governor, Financial Services Division, Post Office Box 12428, Austin, Texas 78711. Getting Started On this tab you will notice a certain icon that is displayed. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the nformation provided in the pop up window. Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide services to all others Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 746000874 Data Universal Numbering System (DUNS): 069457786 Payment Address Line 1: P. O. Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi Texas 78469 -9277 Narrative Information Introduction The Narrative section is the description of your project. It is important that the information you provide about your project is clear and as concise as possible. Note: All applicants must certify to the eligibility requirements specific to the fund source. The minimum requirements to complete this page are the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and Project Summary sections. We recommend that you complete any sections applicable to your project to assist in the application review process. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / OD message box. Getting Started —39— eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 5 of 18 On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Primary Mission and Purpose The purpose of the American Recovery and Reinvestment Act of 2009: Edward Byrne Justice Assistance Formula Grant (JAG) Program is t prevent and control crime, and make improvements to the criminal justice system. Funding Levels The anticipated funding levels for the JAG Recovery Act program are as follows: • Minimum Award - $10,000 • Maximum Award - Units of local government are limited to no more than the total amount of local funds expended on criminal justice services in the entity's previous fiscal year. Criminal justice services are defined as the total amount the unit of government spent on law enforcement, corrections and judicial services. • The JAG Recovery Act program does not require a grantee to provide matching funds. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGrants. Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amount throughout the grant period. Program Requirements Note: The requirements for this fund source are subject to change pursuant to actions of the U.S. Congress and federal guidance on implementation of the American Recovery and Reinvestment Act of 2009. Preferences - Preference will be given to projects that perform the following activities: 1. Target statistically supported areas of violent crime. 2. Promote the use of inter -local agreements (Texas Government Code, Chapter 791) to target statistically supported crime threats ti a specified geographical area. 3. Promote intelligence sharing, crime reporting and communication. 4. Promote comprehensive solutions to local criminal justice priorities. 5. Projects that demonstrate sustainability of grant- funded personnel positions. sustainability - Does your proposal include grant- funded personnel? Yes K No :f you selected Yes above, describe your plans for sustaining funding for the personnel. Enter the sustainability description: : riminal Justice Expenditures - Applicant assures that the amount of the application is no more than the amount it expended on local :riminal justice services in the previous year. Purpose Areas applicant assures that its proposed project meets at least one of the following Purpose Areas to be eligible for funding: _aw Enforcement - Supports state and local law enforcement agencies that address violent crime or statistically supported major crime nitiatives at the local level. 'rosecution and Court - Programs that improve the prosecution of serious and violent crimes, including those that reduce the time from arrest to disposition. rechnologv - Programs that implement or expand a law enforcement agency's ability to report and analyze crime. Applicant assures that any criminal intelligence databases developed under this program will comply with 28 CFR Part 23. -40- 3rants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 6 of 18 evention and Education - Programs that defer at -risk youth and juveniles from participating in gangs and criminal activity. )rrections and Community Corrections - Programs that reintegrate adults and juveniles into the community. ime Victim and Witness - Programs that deliver direct services to victims and witnesses of violent crime. .uq Treatment - Programs that target substance abuse treatment for juveniles or adults who have been court ordered to participate, = luding drug courts and projects that serve as alternatives to incarceration. rogram Emphasis e applicant agrees to implement comprehensive strategies that reduce violent crime and its affect on communities through a balanced iproach to prevention, enforcement and restoration. Note: Although each area under the Program Emphasis section may not be applicable to all applicants, a numeric value must be entered in each box and total no more than 100 %. Applicants should enter a zero ('0') in the boxes below even if the area is not applicable to this project. dicate the percentage ( %) of your project that benefits: .evention - includes diversion and crime prevention services. iforcement - includes law enforcement and other criminal justice services. 10 storation - includes victim services and reentry services. rogram Income )plicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income at is generated as a result of the project's activities. Applicant agrees to report program income to CJD through a formal grant Ijustment and to secure CJD approval prior to use of the program income. Applicant agrees to use program income for allowable costs id agrees to expend program income immediately after CJD's approval of a grant adjustment and prior to requesting reimbursement of D funds. ?duction Method - Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income all be used for current costs unless CJD authorizes otherwise. Program income which the grantee did not anticipate at the time of the yard shall be used to reduce the CJD award and grantee match rather than to increase the funds committed to the project. ;set Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the property has been ljudicated to the benefit of the plaintiff (e.g., law enforcement entity). niform Crime Reporting )plicant assures that it is current and has been current in reporting required Part I violent crime data for the three previous years to the .xas Department of Public Safety, and will continue timely reporting of required crime data throughout the grant period. riminal History Reporting )plicant assures that they are currently reporting and will maintain timely reporting of all information required under the Texas Code of -iminal Procedure, Chapter 60. onstitutional Compliance oplicant assures that they will engage in no activity that violates Constitutional law including profiling based upon race. nformation Systems pplicant assures that any new criminal justice information systems will comply with data sharing standards for the Global Justice XML ata Model and the National Information Exchange Model. —41 — eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 7 of 18 American Recovery and Reinvestment Act of 2009 Applicant assures that if its agency was eligible to apply, it did apply for a direct award from the Bureau of Justice Assistance for JAG fund under the Recovery Act: Edward Byrne Memorial Justice Assistance Formula Grant Program: Local Solicitation. Was your agency eligible for a direct award)? X Yes - No Did your agency apply for these funds? X Yes - No If you selected Yes above, provide the amount you are eligible to receive, or have already received. Enter the amount ($) of Recovery Act Funds: 1132124 If you selected Yes above, describe how you plan to use the funds. Joint application for LE equipment Nueces County 543,042 City of Corpus Christi 543,042 City of Port Aransas 13,666 City of Robstown 32,374 Central Contractor Registry (CCR) Applicant assures that it is currently registered or will register in the federal Central Contractor Registration database. Information about - egistration procedures can be accessed at http: / /www.ccr.00v. Enter the CCR Expiration Date: 3/12/2010 :s your agency registered in the CCR? K Yes No :f you selected Yes, provide the name of your E- Business Point of Contact: Adel Rowland :ivil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grantee neets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matters with :JD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: :ynthia Garcia Enter the Address for the Civil Rights Liaison: '.O. Box 9277 Corpus Christi, Texas 78469 Enter the Phone Number for the Civil Rights Liaison [(999) 999 - 9999]: 3618263300 :ertification Each applicant agency will certify to the specific criteria detailed above under Program Requirements to be eligible for funding user the ustice Assistance Grant Program Solicitation. ( I certify to all of the above eligibility requirements. 'robiem Statement: 'lease provide a detailed account in the Problem Statement section of the existing issues your project will target. Enter your problem statement: —42— Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 8 of 18 'he target is reduction of Border Violence caused by Drug Cartel and local gang affiliation. Law Enforcement will interdict illegal drugs, reapons and currency along major corridors throughout south Texas. Human trafficing is increasing in which smugglers are violating luman Rights and perpetrating crimes of opportunity. These factors have developed an enviroment of coersion, lawlessness and death. ;upporting Data: rovide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to where the grant roject is located and /or targeted. Do not use statewide data for a local problem or national data for a statewide problem. nter your supporting data: 'CR- City of Coprus Christ: Homicide Rae Robbery Asslt Yr Total 13 212 459 3398 DIF- City of Corpus Christi Calls for Service 259,996 raffic Stops 54,814 Citations Issued 51,814 DWI Arrests 593 DWLI Arrests 1,230 Stolen Vehicles Recovered 482 Vehicles Searched 134 :MVs Searched 16 K -9 Search Assists 4 Felony Warrant Arrest 1,101 Misdemeaner Warrant Arrest 3,218 Marijuana (lbs) 5,148 Cocaine gms) 4,913 Heroine (gms) 548 Methamphetamine (gms) 911 Gang Mexican Mafia: 54 Gang TX Syndicate: 50 Coastal Bend Joint 1perations and Intellegence Center- Victoria, Texas 2009 Seizure Report Cash Seizure $4,310,262.62 Stolen Vehicle Recovery 430 larijuana Seizure (lbs) 63,886.63 Cocaine Seizure grams 381,482.68 Methamphetamine (Ibs) 353.80 Methlab 5 Heroine Seizure (Ibs) 2,37 Bomb Threats 3 Arrests - Narcotics 1187 Arrests- Gang Affiliation 62 Arrests - Criminal 2388 Assault on Public Servant 58 Weapons eized 179 IA 1661 Pursuits 454 Fusion Center- El Paso Texas (as published) FBI - Operational Intelligence Bulletins (as published) :ommunity Plan: or projects that have a local or regional impact target area, provide information regarding the community plan need(s) that your project rill) address. nter your community planning needs: he grant addresses the followung Nueces County community plan community objectives: Reduce violent crime Reduce the demand for nd supply of ilegal narcotics Prevent crime, including gang activity and substance abuse. Ensure safe streets through enhanced law nforcement and protection. foal Statement: rovide a brief description of the overall goals and objectives for this project. nter a description for the overall goals and objectives: .educe U.S. - Texas Border Violence. Objective 1. Disrupt collaberation between Drug Cartels and Local Gangs by .rrest. Objective 2. Provide intelligence on local gang activity to Coastal Bend Joint Operations Intelligence Center ie CBJOIC provide drug cartel information links to local gangs in an effort to eliminate collaberation. Objective 3. nd human trafficing on northbound transcorridors. Objective 4. Interdict illegal weopns and currency southbound iajor Transcorridors. Law Enforcement (CBJOIC) and in return Interdict illegal drugs to the U.S. Border on :ooperative Working Agreement (CWA): Then a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the rantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization. ;rantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to CJD a list of each . articipating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of unds. or this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You hould only provide information here that this project's successful operation is contingent on for the named service or participation from he outside organization. Jote: A Sample CWA is available here for your convenience. Inter your cooperating working agreement(s): :ontinuation Projects: or continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly lescribe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may b a calculated on a pro -rated basis depending on how long the current or previous year's project as been operating.) Inter your current grant's progress: ' roject Summary: 3riefly summarize the entire application, including the project's problem thjectives. Be sure that the summary is easy to understand by a person :omfortable with the information if it were to be released under a public Enter your summary statement for this project: -o eliminate Border Violence. Interdict illegal drugs, weapons and curren -lumen Rights /violence. statement, supporting data, goal, target group, activities, and not familiar with your project and that you are confident and information request. Project Activities Information cy. Reduce Human Trafficing and instance of violations of —43— nn_• _lr _ i _ —n o_ _1 _ —nn e n 1 / 1 ' / ' 1 ' 1 I " Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 9 of 18 [ntroduction The Project Activities section of the application gathers information about the type of activities your project will incorporate. .lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and iavigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error nessages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields ire complete and correct. n addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save ind Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. 'ram that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for he required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this appens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can e done by typing in the Notes By Grantee / C,7D message box. Setting Started )n this tab you will notice certain icons that are displayed. = a pencil icon - click on this icon to edit your selections. = a pencil icon with a red slash through it - click on this icon to cancel your edits. X = a red delete icon - click on this icon to delete the item. = a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are forking on; otherwise, your data will be lost. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the ;formation provided in the pop up window. teserved his section left intentionally blank. elected Project Activities: ACTIVITY PERCENTAGE: DESCRIPTION Investigation 94.00 Overtime for officers to conduct interdiction and investigation of illegal border activity. Plus mileage reimbursement. Technology 6.00 7 Thermal imagers to be used for interdiction of illegal border activity ieographic Area: ity of Corpus Christi arget Audience: II ethnic considerations ;ender: II genders ,ges: II ages pecial Characteristics: mugglers, cartel members, gang members, criminals in general. Measures Information ntroduction —44— Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 10 of 18 he Project Measures section of the application collects data to track the performance of your proposed project toward its stated bjectives. Output measures demonstrate the level of activity of a project. Outcome measures demonstrate the impact of a project in a 3rgeted area, reflecting the extent to which the goals and objectives of the project have been achieved. Output and outcome measures isplayed on this page correspond to activities selected or created on the Activities page. lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and avigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error lessages that instruct you to complete the required fields. Your data on any given tab will not save to the system until ail required fields re complete and correct. addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save nd Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. -om that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for le required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this appens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can e done by typing in the Notes By Grantee / OD message box. vetting Started n this tab you will notice certain icons that are displayed. = a pencil icon - click on this icon to edit your selections. = a pencil icon with a red slash through it - click on this icon to cancel your edits. 8. a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are orking on; otherwise, your data will be lost. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the formation provided in the pop up window. 'rogress Reporting Requirements II programs will be required to report the output and outcome measures for this program to Texas A &M University, Public Policy Researcl istitute (PPRI). bjective Output Measures DUTPUT MEASURE CURRENT DATA TARGET LEVEL Number of cash seizures attributed to grant- funded activities. 0 120 Number of drug seizures attributed to grant- funded activities. 0 365 Number of gangs targeted. 0 22 Number of individuals arrested for felony offenses. 0 1200 Number of systems to be developed. 0 0 Number of back - logged pieces of forensic evidence to be processed. 0 0 Number of communities served by the initiatives. 0 1 Number of felony assault arrests that were attributed to grant- funded activities. 0 1200 Number of felony drug arrests that were attributed to grant funds. 0 240 Number of firearms seized that can be attributed to grant- funded activities. 0 120 Number of FTE positions that were prevented from elimination as a result of grant funds. 0 6 Number of FTEs eliminated within the previous 12 months that were rehired with grant funds. 0 0 Number of intelligence referrals. 0 240 Number of investigative hours paid for with grant funds. 0 921 Number of local initiatives planned. (Example: If the grant includes a training component, a law enforcement component, and a victim services component then the number of planned initiatives would be three.) 0 1 —45— eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 11 of 18 Number of new FTE positions created with grant funds. 0 0 Number of organizations / units / departments involved in the coordination of grant- funded initiatives. 0 1 Number of patrol hours paid for with grant funds. 0 8000 Number of state initiatives planned. 0 1 Number of systems to be enhanced. 0 0 Custom Objective Output Measures CUSTOM OUTPUT MEASURE CURRENT DATA TARGET LEVEL Objective Outcome Measures OUTCOME MEASURE CURRENT DATA TARGET LEVEL Cash value of drug seizures (in dollars using DPS calculations). 0 2179580 Number of felony charges filed. 0 980 Number of felony convictions. 0 784 Number of gangs disrupted. 0 28 Number of agencies that report improved efficiency. 0 1 Number of agencies that report improved program quality. 0 1 Number of communities or organizations served. 0 1 Number of local initiatives completed during the grant period. 0 1 Number of state initiatives completed during the grant period. 0 1 Number of systems enhanced. 0 0 :ustom Objective Outcome Measures CUSTOM OUTCOME MEASURE CURRENT DATA TARGET LEVEL Documents Information [ntroduction he Supporting Documentation section of the application contains general grantee requirements. Please select or enter the appropriate responses in the areas below. :lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and lavigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error nessages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields ire complete and correct. n addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save Ind Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. 'rom that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for he required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this iappens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can ie done by typing in the Notes By Grantee / OD message box. —4 6— Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) letting Started n this tab you will notice a certain icon that is displayed. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the formation provided in the pop up window. Page 12 of 18 ertification and Assurances 3ch applicant must click on this link to review the standard Certification and Assurances. .esolution from Governing Body <cept for state agencies, each applicant must provide information related to the resolution from its governing body, such as the city )uncil, county commissioners' court, school board, or board of directors. Please ensure that the resolution approved by your governing )dy addresses items one through four below. 1. Authorization by your governing body for the submission of the application to CJD that clearly identifies the name of the project foi which funding is requested; 2. A commitment to provide all applicable matching funds; 3. A designation of the name and /or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update CJD should the official change during the grant period.); and 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CJD. pon approval from your agency's governing body, upload the approved resolution to eGrants by clicking on the Upload Files sub -tab cated in the Summary tab. ontract Compliance 'ill CJD grant funds be used to support any contracts for professional services? alect the Appropriate Response: Yes No Dr applicant agencies that selected Yes above, describe how you will monitor the activities of the sub - contractor(s) for compliance with le contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines overning this project. nter a description for monitoring contract compliance: obbying )r applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to ny person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee F Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal rant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, mendment, or modification of any federal contract, grant loan, or cooperative agreement? elect the Appropriate Response: Yes No N/A or applicant agencies that selected either No or N/A above, have any non - federal funds been paid or will be paid to any person for ifluencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in onnection with this federal contract, loan, or cooperative agreement? elect the Appropriate Reponse: Yes : No N/A °fiscal Year rovide the begin and end date for the applicant agency's fiscal year 4e7 09/01/20xx to 08/31/20xx). C1T _ • __ a!'1 _ 1 _ A 0 _ _ 1 _ —f)T A 1 /1 /1 /,1 A 1 l\ eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 13 of 18 Enter the Begin Date [mm /dd /yyyy]: 8/1/2009 Enter the End Date [mm /dd /yyyy]: 7/30/2010 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sources Enter the amount ($) of Federal Grant Funds: 23735103 Enter the amount ($) of State Grant Funds: 1.391964 Single Audit -las the applicant agency expended federal grant funding of $500,000 or more, or state grant funding of $500,000 or more during the "lost recently completed fiscal year? Select the Appropriate Response: ( Yes No Vote: Applicants who expend less than $500,000 in federal grant funding or less than $500,000 in state grant funding are exempt from he Single Audit Act and cannot charge audit costs to a CID grant. However, CJD may require a limited scope audit as defined in OMB :ircular A -133. applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor (in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133). Enter the date of your last annual single audit: 3/1/2009 Equal Employment Opportunity Plan (EEOP) -voe I Entity: Defined as an applicant that meets one or more of the following criteria: 0 the applicant has less than 50 employees; 0 the applicant is a non - profit organization; the applicant is a medical institution; the applicant is an Indian tribe; the applicant is an educational institution, or the applicant is receiving a single award of less than $25,000. tequirements for a Type I Entity: 0 The applicant is not required to prepare an EEOP because it is a Type I Entity as defined above, pursuant to 28 CFR 42.302; and the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of ;ervices. -vpe II Entity: Defined as an applicant that meets the following criteria: 1 the applicant has 50 or more employees, and 1 the applicant is receiving a single award of $25,000 or more, but less than $500,000. tequirements for a Type II Entity: Federal law requires a Type II Entity to formulate an EEOP and keep it on file. 1 The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et seq., subpart E; 0 the EEOP is required to be formulated and signed into effect within the past two years by the proper authority; 0 the EEOP is available for review by the public and employees or for review or audit by officials of CJD, CJD's designee, or the Office of :ivil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations; 1 the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of ; ervices; and 0 the EEOP is required to be on file in the office of (enter the name and address where the EEOP is filed below): Enter the name of the person responsible for the EEOP and the addres4'fhe office where the EEOP is filed: :Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) :ynthia Garcia, Director of Human Resources City of Corpus Christi P.O. Box 9722 Corpus Christi, Texas 78469 'yoe III Entity: Defined as an applicant that is NOT a Type I or Type II Entity. . equirements for a Type III Entity: Federal law requires a Type III Entity to formulate an EEOP and submit it for approval to the Ofice for :ivil Rights, Office of Justice Programs, U.S. Department of Justice. Page 14 of 18 The EEOP is required to be formulated and signed into effect within the past two years by the proper authority; the EEOP has been submitted to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice and has been pproved by the OCR, or it will be submitted to the OCR for approval upon award of the grant, as required by relevant laws and egulations; and the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of ervices. •ased on the definitions and requirements above, the applicant agency certifies to the following entity type: elect the appropriate response: Type I Entity Type II Entity Type III Entity )ebarment ach applicant agency will certify that it and its principles: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a tate or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for ommission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or )cal) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, left, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with ommission of any of the offenses unumerated in section 1.2(a) in the Certification and Assurances document cited above in the ntroduction; and have not within a three -year period preceding this application had one or more public transactions (federal, state, or )cal) terminated for cause or default. elect the appropriate response: I Certify _ Unable to Certify F you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot certify the statements. Inter the debarment justification: T iscal Capability Information :ntroduction his Fiscal Capability section of the application collects information from nonprofit corporations applying for CJD grant funds. Note: If you are NOT a nonprofit corporation, this information is not applicable; therefore, the 'Printer Friendly' version will be blank for all information collected in the Fiscal Capability section. lick on the Save and Continue button at any time to save the information entered on this page. If you do not click )n this button and navigate away from the page, your work will be lost. When you click the Save and Continue )utton, you may receive several error messages that instruct you to complete the required fields. Your data on any riven tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly Ind then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that Totes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab :orrectly. If you do not complete the information correctly (for the required fields) and then you click on the Save Ind Continue button, you will be redirected to the eGrants4-e Page. If this happens, your data will not be saved n n 1 fir-. • •-■ , ll /l /I'S/NI A eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 15 of 18 in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general edger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track Dersonnel costs by project. This should be reported on an hourly basis, or in increments of an hour. is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: _ Yes No :s there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her ;upervsior? Select the appropriate response: _ Yes No f you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be aken to ensure accountability. Enter your explanation: :inancial Capability ;rant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are equired. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings at a liven point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. ias the grant agency undergone an independent audit? ;elect the appropriate response: _ Yes No )oes the organization prepare financial statements at least annually? ;elect the appropriate response: Yes _ No 1ccording to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? ;elect the appropriate response: _Yes _ No f you selected 'No' to any question above under the Financial Capability section, in the space provided below explain what action will be aken to ensure accountability. inter your explanation: 3udgetary Controls ;rant agencies should establish a system to track expenditures again actget and / or funded amounts. Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 16 of 18 .re there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down rant funds in excess of: ) Total funds authorized on the Statement of Grant Award? Yes No ) Total funds available for any budget category as stipulated on the Statement of Grant Award? Yes No you selected No to any question above under the Budgetary Controls section, in the space provided below please explain what action fill be taken to ensure accountability. nter your explanation: nternal Controls rant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should of have authorization to sign checks and make deposits. re accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? elect the appropriate response: Yes No s there separation of responsibility in the receipt, payment, and recording of costs? •elect the appropriate response: Yes No F you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will e taken to ensure accountability. Inter your explanation: 3udget Details Information :ntroduction his Budget section of your application details budget line items for your proposed project. To create a new budget line item, click on he icon in the New Budget Item column. You will be directed to a different area on this page to make selections specific to the budget ategory. After making your selection, write a brief description of the line item in the Expenditure Description box and enter the mount of OD funds, Cash Match, and if applicable, In Kind Match in the areas provided. In the percentage box, you can enter a > ercentage for Personnel or number of items to be purchased for Supplies and /or Equipment. When you have finished, click on the Add Jew Budget Line Item button. Repeat this process for each budget line item needed in each budget category. If you need to edit your intries, click on the ' +' icon to expand the budget grid. You will notice that a pencil icon will display after expanding the grid: Click on the >encil icon to be directed to the editing section on this page and follow the instructions in this area to complete your edits. :lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and lavigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error nessages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields ire complete and correct. n addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save Ind Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. :rom that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for :he required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this iappens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can )e done by typing in the Notes By Grantee / COD message box. Setting Started Dn this tab you will notice certain icons that are displayed. ▪ J = a plus icon - click on this icon to expand a list of items. • J = a minus icon - click on this icon to collapse a list of items.5 1 „'1 1,1/11 /1 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 17 of 18 • • = a new icon — click on this icon to add a new item. • = a pencil icon - click on this icon to edit your selections. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Budget Information by Budget Line Item: CATEGORY SUB CATEGORY DESCRIPTION CJD CASH MATCH IN -KIND MATCH GPI TOTAL UNIT /% Personnel Certified Peace Officer - Police Department Law Enforcement Overtime Cost $442,000.00 $0.00 $0.00 $0.00 $442,000.00 93 Equipment Night Vision Unit and Accessories Thermal Imaging device $33,268.00 $0.00 $0.00 $0.00 $33,268.00 7 Supplies and Direct Operating Expenses Vehicle Operating Cost (e.g., fuel, lubricants, maintenance, storage) Vehicle Fuel and maintenance cost $42,000.00 $0.00 $0.00 $0.00 $42,000.00 0 Source of Match Information [ntroduction he Source of Match section of your application collects information regarding the source and amount of Cash Match and In Kind latch. Please enter the description and amounts of match in the spaces provided below and select whether the item is 'Cash Match' or In -Kind Match'. After entering an item click on the Add New Item button. When an item has been added, it will appear in the 'Edit the ;ource(s) of Match Reported' table. You may edit each of the items added to this table by clicking on the 'pencil' icon. If you edited an :em in the table, click on the 'diskette' icon to save your edited entries. or further information regarding matching funds refer to 1 TAC, §3.3; for program income refer to 1 TAC, §3.73 and §3.87. :lick on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and iavigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error nessages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields ire complete and correct. n addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save Ind Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. 'rom that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for he required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this iappens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can le done by typing in the Notes By Grantee / CJD message box. letting Started )n this tab you will notice certain icons that are displayed. = a pencil icon - click on this icon to edit your selections. = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the iformation provided in the pop up window. )etail Source of Match /GPI: DESCRIPTION MATCH TYPE AMOUNT Grants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) ummary Source of Match /GPI: Page 18 of 18 Total Report Cash Match In Kind GPI Federal Share ( GPI State Share $0.00 $0.00 $0.00 $0.00 I $0.00 ■udget Summary Information udget Summary Information by Budget Category: CATEGORY C3D CASH MATCH IN -KIND MATCH GPI TOTAL quipment $33,268.00 $0.00 $0.00 $0.00 $33,268.00 Dersonnel $442,000.00 $0.00 $0.00 $0.00 $442,000.00 Supplies and Direct Operating Expenses $42,000.00 $0.00 $0.00 $0.00 $42,000.00 udget Grand Total Information: C3D CASH MATCH IN -KIND MATCH GPI TOTAL $517,268.00 $0.00 $0.00 $0.00 $517,268.00 :ondition Of Fundings Information DESCRIPTION CREATED MET HOLD FUND ou are logged in as User Name: angelescobar RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $517,268 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING ELIGIBLE UNDER THE FY 2009 RECOVERY ACT - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT, TO BE USED FOR THE PURCHASE OF EQUIPMENT AND SWORN OFFICER OVERTIME IN AN EFFORT TO DISRUPT GANGS AS WELL AS THE TRAFFICKING OF ILLEGAL DRUGS, CONTRABAND, AND HUMAN BEINGS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $517,268 to the State of Texas, Criminal Justice Division of the Governor's Office for funding eligible under the FY 2009 Recovery Act - Edward Byrne Memorial Justice Assistance Formula Grant, to be used for the purchase of equipment and sworn officer overtime in an effort to disrupt gangs as well as the trafficking of illegal drugs, contraband and human beings. SECTION 2. The City Manager, or his designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the Toss or misuse of these State of Texas, Criminal Justice Division of the Governor's Office funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division of the Governor's Office in full. ATTEST: Armando Chapa City Secretary Approved as to form: January 11, 2010. THE CITY OF CORPUS CHRISTI Joe Adame Mayor T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 2 7 AGENDA MEMORANDUM City Council Action Date: January 26, 2010 SUBJECT: McNorton Channel Improvements — Phase 1, Gilliam Street Improvements Project No. 2214 / CIP 2010 No. SW 12 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC, of Aransas Pass, Texas, in the amount of $471,941.75 for McNorton Channel Improvements — Phase 1, Gilliam Street Improvements for the Total Base Bid Part A, Part B, Part C and Part D. ISSUE: The McNorton Channel services the northwest area of the City near the McNorton Subdivision which experiences frequent flooding during storm events. A major drainage project was identified to improve the drainage that provides for widening and extending the channel. The project was phased to accommodate available funding. This proposed project is the first phase and addresses critical stabilization of erosion in the channel to extend its service life of improvements. The project also provides for roadside ditch improvements along Clarkwood Road, and critical drainage and street improvements in the Gilliam Street Industrial area. On December 16, 2009, the City received nine bids for the McNorton Channel Improvements Phase 1, Gilliam Street Improvements Project No. 2214. The bids ranged from $409,750.30 to $745,788.00 for the Total Base Bid Part A, Part B, Part C and Part D. See Exhibit "C" Tabulation of Bids for the three apparent lowest bidders. In accordance with the City's standard procedures and provisions, the three apparent lowest bidders submitted the required documentation per Contract Special Provisions A -28, A -29, and A -30. A review of the information submitted resulted in the disqualification of the lowest bidder. Therefore, the City staff and the consultant, MEI Engineering recommend that the contract be awarded to the lowest responsible bidder, SLC Construction, Inc., of Corpus Christi, in the amount of $471,941.75 for the Total Base Bid Part A, Part B, Part C and Part D. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2010. REC - MENDA! 10' : Staff recommends approval of the m on as presented. Va - Gray, ". Dir�or of Storm W - ter and Ltreet Services 826 -1875 or 826 -18 2 valerieg @cctexas.com Pete Anaya, P.E. Director of Engineering Services 826 -3781 petea n (a7 cctexas. com HA HOME McNorton Channel Improvements- Phase ITOnrataioMAgencla Memo (FINAL).doC Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Prior Actions Bid Tabulation Project Budget Location Map H: \HOME\KellyO \GEN\DRAINAGE\2214- McNorton Channel Improvements - Phase 1\Con traL \2 AGENDA MEMO (FINAL).doc AGENDA BACKGROUND INFORMATION SUBJECT: McNorton Channel Improvements — Phase 1, Gilliam Street Improvements Project No. 2214 / CIP 2010 No. SW 12 PROJECT DESCRIPTION: The project consists of channel excavation and removal of approximately 890 cubic yards of dirt from Needle Street Ditch, construction of an approximately 340 linear foot swale along Root Street, construction of approximately 1,000 linear feet of valley gutter along Gilliam Street, installation of over 1,650 linear feet of new reinforced concrete drainage pipes of various sizes, eight (8) new storm water manholes, and pavement repairs. The project also includes approximately 1,000 linear feet of roadside ditch improvements along Clarkwood Road as well as reconstruction of Gilliam and Needle Streets within the project limits. The design and bidding process for the first phase is complete and the project is ready for construction. BID INFORMATION: Nine (9) bids were received on December 16, 2009 ranging from $409,750.30 to $745,788.00 for the Total Base Bid Part A, Part B, Part C and Part D. The apparent three lowest bidders were requested to submit the required documentation per Contract Special Provisions A -28, A -29, and A -30. The three apparent lowest bidders are presented in Exhibit "C" Tabulation of Bids. In accordance with the City's standard procedures and provisions, the three apparent lowest bidders submitted the required documentation per Contract Special Provisions A -28, A -29, and A -30. A review of the information submitted resulted in the recommendation and disqualification of the lowest bidder. Based on a review of the proposals, the City's consultant, MEI Engineering, and City staff recommend award to the lowest responsible bidder, SLC Construction, Inc., of Corpus Christi, in the amount of $471,941.75 for the Total Base Bid Part A, Part B, Part C and Part D. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in June 2010. PROJECT BACKGROUND: This project provides for the first phase of a major channel improvement project for the McNorton Channel. This first phase provides critical channel improvements to address slope stabilization and channel bottom re- grading to improve the drainage flow line for the McNorton Channel. The Clarkwood roadside ditch improvements are to improve drainage flows and water quality. The Gilliam area improvements provide new underground drainage with other best management practices to reduce flooding. The project also includes reconstruction of sections of Gilliam and Root Street. McNorton Subdivision is located south of Leopard Street, east of Rand Morgan Road, and west of Clarkwood Road. The project was developed to be completed in two phases. This _61_ H :\HOME\Ke11yO\GEMDRAINAGE\2214- McNorton Channel Improvements- Phase I\Construction\3 AGENDA BACKGROUND (FINAL).doc EXHIBIT "A" Page 1 of 2 project will provide improvements to McNorton ditch to improve drainage from the McNorton Subdivision and Gilliam Street Industrial area, as well as other channel basin areas. Future phases of the McNorton Channel Improvements include widening and extending the McNorton Channel and lateral ditches along with drainage improvements in the McNorton Subdivision. The subdivision work includes constructing improvements to the drainage inlet at the north side (upstream side) of McNorton subdivision and new concrete box culverts through the subdivision to replace the existing undersized storm sewer pipes. These phases will require additional drainage right -of -way or easements. —62— H: \HOME\Kelly° \GEN\ DRAINAGE \2214- McNorton Channel Improvements- Phase 1 \Construction\3 AGENDA BACKGROUND (FINAL).doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: McNorton Channel Improvements — Phase 1, Gilliam Street Improvements Project No. 2214 / CIP 2010 No. SW 12 PRIOR COUNCIL ACTION: 1. April 19, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering, Inc. of Corpus Christi, Texas in the amount of $239,906 for a total restated fee of $264,902 for the McNorton Channel Improvements — Phase 1. (M2005 -116) 2. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ord. No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. December 14, 2004 — Administrative approval of an agreement for Architect/Engineer Consultant Services with Maverick Engineering, Inc. in the amount of $24,996 for McNorton Channel Improvements — Phase 1. 2. October 4, 2006 — Administrative approval Amendment No. 2 to the Contract for Professional Services with Maverick Engineering, Inc. in the amount of $24,867 for McNorton Channel Improvements — Phase 1. 3. January 12, 2009 — Administrative approval Amendment No. 3 to the Contract for Professional Services with Maverick Engineering, Inc. in the amount of $22,614 for McNorton Channel Improvements — Phase 1. 4. November 5, 2009 — Administrative approval Amendment No. 4 to the Contract for Professional Services with Maverick Engineering, Inc. in the amount of $7,600 for McNorton Channel Improvements — Phase 1. H :\HOMEUCe11yO\GEN\DRAINAGE\2214- McNorton Channel Improvements- Phase P.CoaktidMPRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 cn 8 d LY aD O 0 LL O 'o O U v 5 w Z O W Z a w i 0 0 z W W H • � LC a O CD y 0 W 0 d 0 W y 0.- m. E w 7 lil ep F 0 Coastal Resources P.O. Drawer E Corpus Christi. TX 78469 IAMOUNT 1 $19,170.001 1 $2,496.251 0 O C co Cl N 0 O a0 f0 O t` N 0 O N 7- O) N :' a :: �� _� -< _. -: � e _: 0 0 0 O In N 0 O 0 O M 0 4) 0 O o O N M N $21,600.001 0 O O O a0 Cl 69 0 O 10 _ N N w) N M c0 O 0 69 0 0 cD (D M () 69 0 M O (D D) 10 N 1oo•005'c$ 0 ° Oi Y Y N N 0 0 O 0 N N 49 0 O O 0 O C 69 0 0 0 0 In o 69 0 0 0 0 N a0 69 0 0 o 0 O C r N $333,944.30 0 0 O 0 O N N 0 0 O 0 N 49 $225.001 o O O 0 CO. n CV N $31,925.00 W V hE 0. f' Z 3 0. C O 0 O 49 N 0 N N 0 0 iD a N 0 0 N 0 H 0- 0 C 4 ' 0 0 0 O ` 0 0 0 0 O •- 69 0 0 0 O N 49 0 0 0 O N 0 0 0 O a0 N 49 $4.501 $8.25 0 ID N 0 M w 0 O C O 0 69 0 O N 0 O O O H H 0 0 0 O 0 - N 100'009'1•$ O O C O p 69 $10,000.00l O O O co N O O 0) A N $15.001 0 0 co N J.Carroll Weaver 211 W. Welder Sinton, TX 78387 1 AMOUNT 8 q M N 1 $29,955.00 00) N M N N O N 1 $148,762.231 p0009pp00 - O a0 N 0) ' N tD r�}} W C O N N O N 4) V n N 0 O O N 0 I% v) N $5,875.94 0 aOD_ CI N co ONE N N 0 O ID M 49 0 a00. ID N 000j OOi (D 69 O 69 O C H o Q) a M V► $3,750.001 pp$0 N o N CD N PI N $43,325.00 UNIT PRICE $1,800.00 00 o M N 00 I's (D N ' $89.75 (0) o N O $ H aa 00, D nD N 0 o o 3 O 0 D N p O 8 O N 00) )D N 0 o W n Iei N M. N 00 o o 9 CO 00, w p 0 0 o °. M N 0 o co 0 8 CD. 69 $1,000.00l 00 0 N p O c u N p O o D M H O C6 a N 10 I. N SLC Construction, LLC 1165 Rodeo Dr. Aransas Pass, TX 78467 IAMOUNT 0 O co 0 cD a0 69 $34,228.58 O VV t0. N 69 1 $5,533.56 M O N W 0i 0) N N - M. O M If) ��� $9,818.881 CO CO. I0. O e+) $21,872.641 00 a0 a0D O N O) �0�}} O) N O e0 p0ppp 4) 0) N O O P07 V) (0 O CI R ID 0 O,- A N CO N O 3 QA O O N 1) p O O < (O p 8 O < co N $1,280.001 O 0. 8 O O gi. e i[Y "i.*`�'' ^ ++�',^"�" I 8 co 0 of w S ' (D O 8 A N N S N (0 O N 49 p p • u: r N (0) W �% Q' aL H Z 3 O O O 49 0 N O O < v.' to co co 0 P- N co N (00. 49 $3,272.96 a0 a0 O Y ; a0 O co )� N O a0 Of co N n N (D co O M O 49 O O O) N in M C N 0 O N A N 49 1 O N 0 O 0 N H O O 0 O 49 O O O Y co O O O N 69 O O o O ■ 1- N N 0) 0 N H CO a) N co N Salinas Construction Tech. 3734 F.M. 3008 Pleasanton, TX 78064 1 AMOUNT .N} Z N N t{pp 'pf yam.-_ $1.462.561 co t0 (0D. O v If) P. $5,131.20 O N 0) a0 N N Oa� 01 N N N O ,, CO' N $2,223.521 p O m M N $24,389.831 O N 0 M N O O (ND_ (D N 51.862.411 O) N g N N $1,282.801 $3,207.00 °'. pp 0 N M N p 0 O O y {p ul aODO VI a N O 0 Ian N O emir. (O N O s ue: (O N $41,814.001 p M {�+! (p l'7 3 W U O. F Z 3 1 $1,336.251 CD M M V) P V O N N 0. 0 s N $51.311 52,565.60 O N N V O Cc) 49 53,524.491 O 1.. n 512.83 � ` O N O In N V N 0 69 M N N 51.282.801 O f` 0 co C CO w+ 0 I. N W O 00 O ci $21.38 $53.451 $42.761 G eA N MCNORTON CHANNEL IMPROVEMENTS - PHASE 1 GILLIAM STREET IMPROVEMENTS Protect No. 2214 Z Z n U Q LL J LL J LL J LL* J (� aa W Q W Q W Q W Q W LL N } U LL} J U Q W LL J U J CO J N J 07 J CO J AL BASE BID PART A (Items A -1 through A -22) LL J Q W }} U U AL BASE BID PART B (Items B -1 through B-4) el N O 0 co Y ' 1 N M CO 1, I, ODi CO Y v .- 0 e- 1- .- W " N MI p 0 0. DESCRIPTION STORM WATER IMPROVEMENTS - PART A (Clear right-of-way Remove & replace 4' concrete valley gutter 18" RCP 24" RCP 36" RCP Pavemeo4-repair-f0Ftiteon water 5' Type 'A' concrete storm water manhole 6' Type 'A' concrete storm water manhole Type 'D' concrete storm water manhole c _ C9 CO ..- ~ ui N 6" Thick concrete riprap with #4 bars Exist ditch excavation (hauling and disposal of dirt) Construct drainage swale Seeding for erosion control Concrete headwall (PW) Trench safety for storm water Storm water pollution prevention plan Traffic control for all work on Gilliam Street area Utility relocation !Control of ground water 'Allowance for adjustment _ (STORM WATER IMPROVEMENTS - PART B 'Remove abandoned 36" steel pipe and back 811 Clean culverts LL Regrade ditch •"' N M v O �A <«<44«4 ) aQ O.- 4 .- a .k ,- .-.- CO v- a N 4Q4 N N � as N mao M m —64— 'O 'O a) 0) U E a d 7 O) to c N O O t 0 c E 0) O `• y . • C N 0 E i 4) C Q` N �) — C 7 CU c co E CD 0.1 co o a-2° o) c O Fc Q w Ef9 L _ to ) 4) ` W J y to c Z• .. J L.L. Z U O1 r= C7 Z re- tl W cc La Z z w w O z w 2 O Y 03 W `o s 0 w a N a co 0 D Coastal Resources P.O. Drawer E Co .us Christi, TX 78469 Z 0 1 $5,280.001 8 N loo 000'9$ $1,800.001 th A e7 N N °9 O O ti $31,188.501 O L$171,520.001 0! M M 1 $31,925.001 V N h 1J CO (01 0) UNIT PRICE O co !A $22.00 O N rD V! O O O to H O O co IA O r- r C h N h co tG O co tl! J.Carroll Weaver 211 W. Welder SInton, TX 78387 AMOUNT 1 O $32,485.001 < DOi. $99,132.50 N $43,325.00 $32,485.00 $524,434.57 UNIT PRICE N o 69 S IA O S N CO I99' O$ $8.321 SLC Construction, LLC 1165 Rodeo Dr. Aransas Pass, TX 78467 AMOUNT I Q CD w 0 N w N N w 16 Y. fD w $3,339.701 ; a O w $23,625.96 $21,450.24 1- « $153,487.52 1 1 111 $35,515.90 $153,487.52 W U t j N O N o 49 10 r� O $ qt N $52.48 I� N 3 N w DD w 1D 1 CA 1 - $11.67 Salinas Construction Tech. 3734 F.M. 3006 Pleasanton, TX 78064 AMOUNT 8 $1,284.001 co. Cl O N O � 2 - a O. 10 N tes, lD }-1 N �,. A - O p x d l: _ `ems'.;} co co K e°+7 CO co. I $21,596.54 W Q .. 0 A V1f�^ UNIT PRICE 1 A co v $5.351 0O f. g N N A u+ N w V w uys c w N ° 49 MCNORTON CHANNEL IMPROVEMENTS - PHASE 1 GILLIAM STREET IMPROVEMENTS Project No. 2214 ?. J J J J J N "AL BASE BID PART C (Items C -1 through C-6) ,. '. (STREET IMPROVEMENTS - PART D I y y U y AL BASE BID PART D (Items D -1 through D-4) ■■■■. 02 CO N 0 IBASE BID PART A (Items A -1 through A -22) IBASE BID PART B (Items B -1 through B-4) IBASE BID PART C (Items C -1 through C4) BASE BID PART D (Items D -1 through D4) TOTAL BASE BID PART A, B, C and D Subgrade proof rolling with approx. 5% 'stabilization Pulvarize, reclaim asphalt and base Stabilize reclaimed material with EN -1 at rate of 0.0075 /SY mixed thoroughly with full depth comnation h i C 3 DESCRIPTION STORM WATER IMPROVEMENTS - PART C Roadside ditch re- grading along Clarkwood Road Clean existing 24" & 36" RCP culverts along Clarkwood Road Remove existing 24" PVC & replace with new 24" RCP across Clarkwood Road Traffic control - Mandatory Allowance 1Remove, clean and relay existing 24" RCP to new grade Pavement repair for storm water , C N M G q C U N U M U Y U in CS C —65— C) w y U E .0 a ° rn y C y N 0 Lo c E = o o O` L L y ~ f0 gr E E y C 8 3 ffO coo E o Q L O m C C w CO C 3 • f6 _ h= 41 y • N 1 agU E To 2 • • 0 u) � LL m O LL ' � (7 z CO W 0 la- Z . 2 W O re - 11. Z - O w a 0 O O 2 1 Waychoff Construction y V 4920 Bear Lane Corpus Christi. TX 78405 IAMOUNT 0 0 0 O O 0 Oaf 0) ) 1 52,832.001 1 $7,182.00 O 0 0 0 0) CO 00'00£'9$ 0 O 0 N en CO 0 O O 0 u N 69 O O 0 N 9 N 69 $47,525.001 O O O 0 1n CO H O O CO c O a9 O O 0 0 1n 1 H O O 0 O) ao 17 69 O O 0 0 o 11 69 O O O 0 O 10 CO 52,625.001 O O O 0 O 0 69 $10,000.001 $397,778.00 $2,625.00 O O 0 0 N W O O 0 0 1D 69 O O 0 0 ID Ii Is 0 O IC) N 1: Cn N O. oo 000'£$ 0 R V! p 8, 10 CO O CO 49 O 0 n) 49 O 0 0 N O °, 00 at N O 0 10 N O 609 $25.001 00 N H v0), 6 p00 0 11) 0 69 00 0 O ' H 00 8 O ^ H 00 N 10 N 69 o O 0 O H O 0 0 C H 49 00'901.$ O 8 O N J00'0ot$ 00 co H H & G Contractors P.O. Box 10706 Corpus Christi, TX 78460 AMOUNT A- 8(p N 0 <9 53,715.20 1 $11,229.001 - 0 CO co 8 a0 N • 0 N 0 )- H 1orrooc'9$ 109'poo't'Z$ 0 O N 1- 0 17 H 58,883.00] 0 t1) ID a0 0 O N 0 O o N N 49 0 N N 0 N 69 0 O O 9 H 0 10 N 10 O p 49 0 n o) 0 n 49 0 0 0 V 0 N 69 1 $3,548.001 0 O 0 O N h 0 O 0 O O O H $384,518.35 0 to 1- <0 h H 0 10 (1) co 0 y 0 10 0) 0 O M 0 O 10 0 v N 0 O T N b ti w UNIT PRICE 0°) 4 yr H p 8 M H °e r N 598.50 $92.60 54,268.40 53,724.40 C ° 61 (00 o O 49 $3,672.401 00) aC 9 0 to O n H 00) NN H $13,800.101 100 0 O) Q) y 0 00 CV pp N $3,548.00 $ O N N p 0 S O Or H 0 4n 10 N a0o CO 0) H a°7 69 O' O A R.S. Parker, LLC 455 Hereford Rd. Corpus Christi, TX AMOUNT O 1 N N t10. Ol O N 51,920.00 Q O O pp0 p O CO O O O co I. ' H N H N pp 0 O o H 0 O O N 100'009'2$ 0 0 ^ .- H 0 a .- 0, o 1` 69 8 41 V H 0 O O N H O, o 1D y pO )0 0 In. 0 1- H 100•000'9$ O O ) 69 p op O O w IO I T C co 10 51.000.00 0 N 1: H 5375.001 0 8 ID M 0 1- H u N UNIT PRICE 088$8 O p�}} N H N O H Q CD 00 O N N 8ppo� O N H g00 69 t[) N N 0 N 8 H 8 N 8 N $25,000.001 88 H f ) h 88 ( 69 o888 O N O N O ° w 0 H 8888, H N H uctlon Company Sox 1028 , TX 78362 Z q0 $., V Q 0 Y a40 O N 1 $38,442.251 0 O N a0 N $8,054.10 593,702.70 56,037.70 0 1D O a0 H $4,138.25 525,021.20 $1,522.40 0 O co — H O Q CO N 4 iA 0 O en +) 0) N 0 N 100 O N N ' $4,924.651 10 IO co p O 0) c0 y $4,397.951 0 1- r O 1D 1D 00)) h V 69 p8 O O N T m O Q l'9 0 N N 0 10 O 0) H 0 9 N O1 H 1 $479.251 8 V 0) N ILA T A O T 10 IUNIT PRICE ' $3.325.10 1°n a01) H ' 558.85 570.65 563.70 $3,018.85 1°p0 ltl IO $4,138.25 53,127.65 51,522.40 0 h v W a M 0 W 10D N at o H 0 g a0 $4,397.951 ° A O 69 m 8 Is 109 8 p8 O 4- N ° :f4 H 111 10 Is. $31.95 8 N H Constar Construction 349 Reid Dr. Victoria, TX 77904 IAMOUNT 8 • 1V H o 8 0a)) e+) a�) 1I1 1 $1,920.00 O 8 8 Op 8 - 100. N 1n aC t- S 8 N 8 8 88 8 aD O 0 of y N 521,600.00 51,000.00 54,230.00 8 100 0i H 8 O°i_ e+) H o O N N o pp 8 O a0 N 8 co M. H 8 8 O . H p8 1� N H 8 O a N 8 1°f). N H 8 O O N $238,823.00 O N H 88 O N y 8 $ $73,600.001 0 O I� A CO N UNIT PRICE pq8pq O H 1y 8ye� N a 0• H 8 8 88 H 10 pp 8 8 tD O » VI 8 N 8 8 H 8 M 0 N 8 N FA H pp 8 O w 8 N S O O 3 88 10 2 8 8 3 00•009'ZS pp0 O ° N 8, W pq$ O N 8$ H N MCNORTON CHANNEL IMPROVEMENTS - PHASE 1 GILLIAM STREET IMPROVEMENTS Project No. 2214 ~ U a LL J LL J LL LL J-1 aaaaa 0 w w w w w IL t0 } U LL} J 0 a w LL J 0) J 0 J 0 J 0 J 0 J AL BASE BID PART A (Items A -1 through A -22) a -1 a W }} U U TOTAL BASE BID PART B (Items B -1 through B-4) d V. � N 1+f .- CO .- O^ v , CO 0 CO a0 a 01 8 r N N 111 p O tD a DESCRIPTION ZM WATER IMPROVEMENTS - PART A 'Clear right- of-way 'Remove & replace 4' concrete valley gutter 18" RCP 1 24" RCP 36" RCP 6' Type 'A' concrete storm water manhole Type'D' concrete stone water manhole c u 2 0 24" S.E.T.(6:1) 6" Thick concrete riprap with #4 bars Exist ditch excavation (hauling and disposal of dirt) Construct drainage Swale Seeding for erosion control Concrete headwall (PW) Trench safety for storm water Storm water pollution prevention plan 1Traffic control for all work on Gilliam Street area 'Utility relocation 'Control of ground water Allowance for adjustment — _ (STORM WATER IMPROVEMENTS - PART B Remove abandoned 36" steel pipe and back fill 2 2 W O i it Regrade ditch a • 4 ''? Y U.' 4 11- CP O AS aaa <aa< .- <a r a II a„ in m .k aaa 72 a N N aa � m N mm n m d .0 (1) .0 x (..5 E N 0) c 5. 3 d 2 c • 10 0) O E o c0 .c y O E TS' CI y N C E o 0) c c`ocE • co • c c c• yQ G E • co N 1 N H J `0 c0 .o GU E C/) V) z. • 1 EXHIBIT "C" 1 8 EE a. a 0 O U m LL LLO O OU F- ? E F- Z 0 V C Z m W U LL • 0 z cLW • F - J W U O LL .2 to a C w 0 0 w d ca td 0. '0 W 4 �e construction ear Lane isti, TX 78405 AMOUNT I O C O O y 0 S S vi 49 0 0 O tO N 49 0 0 O to y 0 O co O C 49 O (0 N < y 0 CO T at O NH O Of A O p(00 69 0 to 0 t CO 47,-, 0 O < N A K 00 N 0) N ^ 0 ti to e9 1„. N 4A 00 O A r A M t49 $89,725.001 0 co Ot 0 N 0 A CO t? A N 0 .001 UNIT PRICE o 0 49 O O 49 07 co y I $5,000.00 $84.00 $65.00 49 °0 49 0 N 69 0 49 H & G Contractors P.O. Box 10706 us Christi, TX 78460 ' AMOUNT 0 0 8 N 01 y 0 0 co ° M 0 69 0 t0 0) M y 0 0 0 0 0 0 0 Opp r O t0 A b O 0 y y y O O t' 1 M O 0 40 h 0 0 0 N O (0 0 O 47 H $31,840.20 $100,536.00 $154,159.00 $384,518.35 0 t0 N N CO y 0 tO C4 O 0 O y 0 ...�{{ tO y I$678,223.55 UNIT PRICE $22.101 0 0 M y M. 0) 0 y 0 0 0 0 CO 0) 0 CO M 0 49 le) y y 06' L$ OL'OS $17.10 $12.00 R.S. Parker, LLC 455 Hereford Rd. Co us Christi, TX AMOUNT 8 te) 5 8 409 8 0 i N 0 8 8 § 8 § h W $55,544.00 $62,835.00 $83,780.00 8 0 P. (gi(pp N 0 49 y $272,754.00 8 0°0 N $54,575.00 $55,544.00 $272,754.00 6663,057.50 UNIT PRICE py 8 to h 8 0 y p 8 0) ) p p py 8 O 8 O 14) 0 N N H at py 8 8 A O y y 8. 8 tC y 69 fiction Company ox 1028 TX 78362 Z 0 iVI O ° p8 y 8 I. to h V n to N O 0 0 0 (4) o) o co. co 409 H el CO O N 0 0 CO 0 0) A •O- co y to Of 1ft 69 $141,683.60 QO CO 49 $106,647.15 $34,093.40 $141,683.60 $571,764.96 UNIT PRICE 1 0 7 0 N 0 49 ' 00 0 8 0 2y 4, y (0 0 > / °v, 0 y Constar Construction 349 Reid Dr. Victoria_ . TX 77904 AMOUNT 8 8 ° co 8 8 a0 a 8 co. 0 4x p 8 8 0 O CO °_ tOO_ 4 i » N 0 If! °D M $2,094.50 $29,323.00 $59,584.00 $117,292.00' Ot N co H I$238,823.00 0 t? A co 0° o co 0 N cc, a 0 co 440 N N cwi a F Z 0 8 8 w 8 w 8 8 8 49 0) N $0.25 $3.50 8 8 w y MCNORTON CHANNEL IMPROVEMENTS - PHASE 1 GILLIAM STREET IMPROVEMENTS Project No. 2214 H Z J J J J J CO CO 0) U 0) a 61 01 IN ep D ° O 0. U to W 'STORM WATER IMPROVEMENTS - PART C Roadside ditch re-grading along Clarkwood Road Clean existing 24" & 36" RCP culverts along Clarkwood Road Remove existing 24" PVC & replace with new 24" RCP across Clarkwood Road Traffic control - Mandatory Allowance Remove, clean and relay existing 24" RCP to new grade Pavement repair for storm water AL BASE BID PART C (Items C -1 thr STREET IMPROVEMENTS - PART D Subgrade proof rolling with approx. 5% stabilization Pulvarize, reclaim asphalt and base Stabilize reclaimed material with EN -1 at rate of 0.0075/SY mixed thoroughly with full depth compation HMAC 2" surface treatment 'AL BASE BID PART D (Items D -1 thr IBASE BID PART A (Items A -1 through A-22) IBASE BID PART B (Items B -1 through B-4) BASE BID PART C (Items C -1 through C-6) BASE BID PART D (Items D -1 through D-4) (TOTAL BASE BID PART A, B, C and D c5 U U I' (7 U (. N r, Q M 0 C IEXHIBIT "C" I Paae 4 of 4 PROJECT BUDGET MCNORTON CHANNEL IMPROVEMENTS - PHASE 1 GILLIAM STREET IMPROVEMENTS Project No. 2214 January 19, 2009 FUNDS AVAILABLE: Storm Water CIP 2010 (SW 12) $517,500.00 Bond 2004 Streets (Interest Earnings) $168,836.27 $686,336.27 FUNDS REQUIRED: Construction (Storm Water, SLC Construction) $318,454.23 Contingencies (10 %) 31,845.42 Construction (Street, SLC Construction) 153,487.52 Contingencies (10 %) 15,348.75 * Consultant (Maverick Engineering, Inc.) 0.00 Reimbursements 18,877.67 Misc. (Printing, Advertising, etc.) 2,500.00 Total $540,513.60 FUNDS REMAINING $145,822.68 * Original Small A/E and Amendment Nos. 1, 2, 3 & 4 were encumbered under previous years' CIP. —68— File : \ Mprojecf \councilexhibifs \exh2214b.dwg F.M. 624 x C O RP US c/RzslL BAY MCNORTON McGLOIN RD. LOCATION MAP NOT TO SCALE CAR�OUNE SEDWICK 8 STATE HIGHWAY 44 PROJECT # 2214 VICINITY MAP NOT TO SCALE EXHIBIT "E" McNORTON CHANNEL IMPROVEMENTS PHASE 1, GILLIAM STREET IMPROVEMO LTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -18 -2009 MIMI NMI MIMI OMB tuomargV 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 26, 2010 AGENDA ITEM: RESOLUTION AUTHORIZING THE FORMATION OF A JOINT LAND USE STUDY COMMITTEE AND DIRECTING STAFF TO PREPARE A JOINT LAND USE STUDY GRANT APPLICATION FOR REVIEW BY THE COMMITTEE AND FOR SUBMISSION TO THE OFFICE OF ECONOMIC ADJUSTMENT OF THE DEPARTMENT OF DEFENSE. ISSUE: The Navy has suggested that City consider submission of a grant application to the Office of Economic Adjustment for a Joint Land Use Study (JLUS). Over 50 cities and counties have conducted JLUS studies nationwide. JLUS studies are conducted for the purpose of protecting the military's mission by planning for compatible land uses next to military bases. REQUIRED COUNCIL ACTION: Approval. PREVIOUS COUNCIL ACTION: None. A staff presentation to City Council was made on December 8, 2009, but no formal action was requested. CONCLUSION AND RECOMMENDATION: Approval of the resolution will begin the grant application process. Any grants that are awarded will still have to be accepyd by City Council action. / e Attachments 1. Background Information 2. Policy Committee 3. Draft Grant Application Narrative 4. Draft Grant Application Scope of Work Juan Perales, Assistant - Development Services Services Email: JohnnyP(a?cctexas. Phone: 361- 826 -3828 City Manager for and Engineering com BACKGROUND INFORMATION Approval of the resolution will allow staff to formally begin the process of the Joint Land Use Study (JLUS). The study will address land use compatibility in areas impacted by Navy flight patterns next to or associated with Naval Air Station Corpus Christi, Cabaniss Field and Waldron Field. Joint Land Use Studies are funded at a rate of 90% by the Office of Economic Adjustment with a 10% in -kind (staff time) match by the local sponsoring agency. The Navy has indicated that a JLUS is appropriate at this time in preparation for the arrival of the new "T -6" Navy trainer. The new aircraft is expected to be put in service at NAS Corpus Christi in the next several years. The Navy is currently finishing up a special Air Installation Compatible Use Zone study. The AICUZ study will provide new flight patterns and guidelines for land uses under the flight patterns. The JLUS, when finished, will provide the City's plan for creating compatible land uses for areas impacted by the AICUZ areas. Approximately 50 Joint Land Use Studies (JLUS) have been completed nationwide. The JLUS process requires the formation of a policy committee and a staff working group committee. The policy committee is generally composed of five to fifteen members. The Chairperson is the Mayor and the Vice - Chairperson is the Base Commander. Representation generally includes members of the City Council and County Commissioners and may include a representative from the Board of Realtors, the Planning Commission or others the City Council would like to include. The staff Working Group Committee should include the City Manager or his representative, city planners, a legal representative and representatives from the NAS Corpus Christi. The recommended composition of the policy committee is contained in Attachments 2. The initial task of the Policy Committee will be to formulate a grant proposal for approval by City Council and for submission to the Office of Economic Adjustment (OEA). Any grant awarded by OEA would require final acceptance by City Council. The grant proposal will include a narrative description, a scope of work and a budget. Once a grant is awarded then the Key Tasks of the JLUS Policy and Working Group Committees will be: • Approval of a Request for Proposal (RFP) for selection of a Joint Land Use Study consultant. • Review of consultant proposals and recommendation to City Council on selection of a consultant. • City Council selects a consultant and the Office of Economic Adjustment approves. • The Working Group compiles local information for the JLUS Consultant. • The Policy Committee meets monthly or as needed to review JLUS Consultant reports. • The Policy Committee meets with property owners to obtain public comments on Consultant recommendations. • The Planning Commission conducts a public hearing, provides comments and makes a recommendation on adoption of the plan by City Council. • City Council conducts a public hearing, makes changes if necessary and adopts the plan. The importance of undertaking a Joint Land Use Study, if a grant is awarded by the Office of Economic Adjustment, cannot be under stated. The military presence in Corpus Christi has a major economic impact to the City with an annual payroll of over 250 million and over 9,000 military and civilian employees. The 9,000 total employees represent approximately 6% of the city's employed workers. Completion of a Joint Land Use Study prior to the next Base Realignment and Closure program will be a major asset showing community support for the military mission in South Texas. Attachment 2. Policy Committee 1. Mayor, Chairperson 2. Base Commander, Vice - Chairperson 3. City Council Member 4. County Judge or County Commissioner 5. City Planning Commissioner —75— Attachment 3. Draft Grant Application Narrative Corpus Christi Naval Air Station Joint Land Use Study (JLUS) Grant Proposal DRAFT NARRATIVE Statement of Need and Introduction The City of Corpus Christi, Texas requests the Department of Defense, Office of Economic Adjustment to consider the City for a Joint Land Use Study (JLUS) Grant. The City of Corpus Christi recognizes the Corpus Christi Naval Air Station, Cabaniss Field and Waldron Field as an integral part of the community requiring protection from the encroachment of incompatible land uses and protection of residential properties as the City plans for continued growth. The City of Corpus Christi has been an avid supporter of the Navy's mission to protect the community along with the employment and economic opportunities that the base continues to provide. Enhancing the base's opportunities for growth by providing compatible land uses has always been a goal of the City of Corpus Christi Corpus Christi. A JLUS Grant would help assure continued viability of the military mission for Corpus Christi Naval Air Station and its two outlying training fields while allowing for the City of Corpus Christi to grow. Corpus Christi City Limits and Five Mile Extraterritorial Jurisdiction The proposed Joint Land Use Study (JLUS) is located in Nueces and San Patricio Counties and includes the City of Corpus Christi city limits and the City's five mile Extraterritorial Jurisdiction (ETJ). The City of Corpus Christi contains 504 square miles with 150 square miles of land and Exhibit 1: City Limit and Extraterritorial Jurisdiction (ETJ) 772 i 771 *toss oinrf LEGEND ET.J. BOUNDARY M.P.O. BOUNDARY - C.C. CITY LIMIT BOUNDARY masa 15 .Mile Border kea Designation Certificate of Carnsrierce and Necessity Boudary M.S,A BOUNDARY (Nieces & San Pat. Cardies) Page 1 of 10 DRAFT NARRATIVE JLUS Cryt1.NT REQUEST January 4, 2010 354 square miles of bay and gulf waters. The study area encompasses the Corpus Christi international Airport, the Port of Corpus Christi, Texas A & M University- Corpus Christi, the Corpus Christi Naval Air Station, and the two naval air training facilities of Waldron and Cabaniss Fields. Historical Background- Corpus Christi - Naval Air Station Corpus Christi The County of Nueces and the City of Corpus Christi as its county seat were created in 1846. In the 1920s the Port of Corpus Christi was formed. Soon afterward the petrochemical industry established several refineries and the Port of Corpus Christi became one of the largest ports (by tonnage shipped) in the nation. The Port of Corpus Christi is now the 6th largest port in the nation. On June 13, 1940, President Roosevelt signed into law the authorization for construction of Naval Air Station Corpus Christi. Construction on the base started immediately and in less than a year a significant portion of the base was under construction. By the end of World War II, Corpus Christi was the premier training base for naval aviators with over 30,000 aviators trained. During World War II (1940- 1945), the Naval Air Station trained over 50% of all pilots trained during the war. Naval Air Station Corpus Christi is still a major flight training facility for the Navy and the area's No. 1 military installation. Today, Naval Air Station Corpus Christi trains approximately 350 pilots each year. The Base's flight training mission is carried out using three major sites in the City to conduct operations. (See Exhibit 2) The largest is the Naval Air Station which occupies 2,340.66 acres and is located on Corpus Christi Bay in an area referred to as the, "Flour Bluff Area ". Naval Auxiliary Land Field (NALF) Waldron is also located in the Flour Bluff Area approximately three miles south of the Air Station and occupies 640 acres of land. The Naval Auxiliary Landing Field (NALF) Cabaniss is located in an area referred to as the, "Southside Area" of the city and occupies 843.97 acres of land. In addition to its flight training functions, Naval Air Station Corpus Christi also houses the Corpus Christi Army Depot (CCAD) on base. CCAD is the largest helicopter maintenance and repair facility in the world. The Depot is also the largest industrial employer in South Texas and currently employs 14 military personnel and more than 3,000 civilian workers. During the Fiscal Year of 2003, CCAD generated an annual payroll of $225.7 million. CCAD also spends an additional $27 million in supplies, utilities and construction projects. In addition to competing with other military repair units, CCAD also competes with civilian contractors. It currently has contracts with 25 foreign countries for helicopter maintenance and repair. Other major tenants at Naval Air Station Corpus Christi include the Chief of Naval Air Training, U.S. Customs - Surveillance Support, U.S. Coast Guard - Search and Rescue, the Naval Hospital, a Marine Aviation Training Support Group and a Marine Corps Reserve Training Center. Each of these tenants are leasing space from the Navy and sharing in various costs and services. The Naval Air Station is a vital economic resource to the community and the region by creating a Page 2 of 10 DRAFT NARRATIVE JLUS G1NT REQUEST January 4, 2010 stable source of employment and tax revenue for the local economy. The total annual payroll for Naval Air Station Corpus Christi totals about $340 million dollars. Employment of Naval Air Station Corpus Christi totals over 8,000 people, with over 5,300 civilians and over 3,500 military personnel. Population, Housing and Land Use Exhibit 2: Air Installation Compatibility Use Zones (AICUZ) Cars +r twWXm. C•m�WItis C Saws:aCS.1 -nxM Nna1Ai SIaRa! CaVw ldirg, 147.21 .xd�kaba eroastVts an i4ely aex ore*.t ehre. ' zMaaM 1 TheWie ara aeNrn amlimenreM2w care. M. Vrtf. n eaaw,w.itquencaera tte,. „r~eo ;taint a= k w an=Il hOlaeery. 1 war/Aal ca a kilt. Wan= Ile hw:spos aexa�b.+a +aswti'�ee. Legend Pttertv tax s .urx w 2ura 2 Corpus Christi's historical population growth is depicted on Exhibit 3. The City of Corpus Christi's population growth was slow, but consistent, during the first two decades of the twentieth century. The City of Corpus Christi experienced dramatic growth during the 1930s and 40s after the opening of the Port of Corpus Christi and the establishment of the petrochemical industry. Page 3 of 10 DRAFT NARRATIVE JLUS QPNT REQUEST January 4, 2010 Overall, the City's growth trend increased exponentially during the beginning of the twentieth century. During the last 30 years the city's population has expanded at approximately 1% per year. Currently, the City's population is estimated to be 295,594 (July 1, 2007). The Census Bureau has estimated that Corpus Christi is ranked 111 of the largest cities in the United States and the eighth largest city in the State of Texas. The population projections for the City indicate that the City's population will continue to grow, but future growth will occur at a decreasing rate. By 2040 the City could contain nearly 400,000 people. The majority of growth is likely to occur in the Southside area located between South Padre Island Drive and the Oso Creek. The Southside Area has captured over 60% of the City's growth during the last 30 years. It is anticipated that as the Southside Area fills in more and more growth will occur south of Oso Creek in the London Area. Exhibit 3 300,000 250,000 200.000 150.000 100,000 50,000 0 Corpus Christi Population History 1860 - 2000 �(1) R��p �°'�p �°}�0 �gp0 N. N. `LOBO Exhibit 4, illustrates the land use expansion over a 30 year period. In general, growth and development have moved in a southward pattern away from Corpus Christi Bay. Periods of high growth have occurred to the west and to the east of the city but overall the majority of development is likely to continue from the bay front to the southward direction. Clearly, the trend is development of new residential areas too the south of Corpus Christi Naval Air Station and toward Waldron Field in Flour Bluff and toward Cabaniss Field in the Southside. Page 4 of 10 DRAFT NARRATIVE JLUS GINT REQUEST January 4, 2010 Economic conditions and major industries Economic expansion has continued in the Corpus Christi area, with nearly 6,900 nonfarm jobs having been added since 2005. During the 12 months ending May 2008, total nonfarm employment increased by 2,200 jobs, or 1.3 percent, to 176,900. CHRISTUS Spohn Health System, with 4,260 employees, is the leading private- sector employer in the City. The education and health services sector, which accounts for approximately 27,000 jobs through -out the area, added 600 jobs during the past 12 months. During the same period, employment in the construction industry increased to 6,600 jobs with the addition of more than 600 new positions, an increase of about 10 percent compared with the number of jobs added during the previous 12 months. Employment growth in the construction sector has been primarily related to public works projects and commercial jobs, such as improvements on oil and gas refineries. The large employment gains that occurred during the past 3 years have resulted in one of the lowest unemployment rates in the state. During the past 12 months, the unemployment rate in the area averaged 4.4 percent and has remained at or below 5 percent during the past 2 years. Page 5 of 10 DRAFT NARRATIVE JLUS Glit o.NT REQUEST January 4, 2010 Corpus Christi Army Depot Corpus Christi Independent School CHRISTUS Spohn Health System City of Corpus Christi H.E.B. food stores Bay Ltd. Texas A &M- Corpus Christi Driscoll Children's Hospital Naval Air Station Corpus Christi Corpus Christi Medical Center District Government Government Education & Health Services Government Retail Trade Construction Government Education & Health Services Government Education & Health Services 4.876 4.776 4.260 3,434 2,539 2,500 1.994 1,705 1,630 1,347 Source: Corpus Christi Regional Econe Education is Development Corporation Corpus Christi State University was established in 1947 and in 1995 joined the Texas A &M system. Today Texas A &M offers 33 undergraduate and 25 graduated degree programs with two doctoral programs. Since joining the A & M system, the university has become one of the fastest growing schools of higher education in the state with a student population of nearly 10,000. In 2007, the City of Corpus Christi conveyed over 100 acres of City property to the University for future expansion. With two islands, North Padre Island and Mustang Island, a downtown marina, the Texas State Aquarium, a professional baseball team, and the USS Lexington (decommissioned aircraft carrier) the City of Corpus Christi is an exciting tourist destination. The city was recently ranked as the second most important tourist destination in the state. Healthcare Health care services employ about 24,000 people in Corpus Christi, making Corpus Christi the regional health care center for South Texas and becoming the fastest growing industry in the area. This translates to an economic impact of more than $898 million annually. Recent hospital consolidations and /or the construction of new medical and primary care centers have positioned the area to respond favorably to any health care reform plan that Congress may ultimately approve. The recent realignments reflect the new emphasis on the integrated delivery system that exists within the area to provide a coordinated client- centered continuum. Tourism When the oil and gas business in South Texas took a downturn in the mid 1980s, Corpus Christi's economy diversified and turned to tourism. Tourism quickly became one of the economic mainstays for the area's coastal communities. Tourists spent over $500 million in the Page 6 of 10 DRAFT NARRATIVE JLUS GWIT REQUEST January 4, 2010 Corpus Christi area during 1997. Hotel taxes (13 percent) generated nearly $4.7 million for the city during the same year. The No. 1 reason visitors flock to the area has always been to take in the hundreds of miles of blazing white beaches along Mustang and Padre Island, the longest barrier island in the nation, fronting on the Gulf of Mexico. The back sides of these barrier islands provide a shoreline for Corpus Christi Bay, Laguna Madre, and the various bays and bayous north of the Coastal Bend, ideal for outdoor recreation. In addition to swimming and surfing, the Gulf and bay waters provide hundreds of square miles for boating, fishing, and, in the marsh areas, duck hunting. Man-made tourist attractions completed in recent years have extended travelers' stay in the Isles of Texas include the Texas State Aquarium, the Greyhound Race Track, the Ships of Christopher Columbus and the USS Lexington Museum on the Bay. Petrochemical The Coastal Bend's petrochemical industry pumps more than $1 billion into the area economy and provides an estimated 50,000 direct and indirect jobs. The industry accounts for more than 88 percent of the tonnage shipped through the Port of Corpus Christi. One main economic driver is The Port of Corpus Christi Authority (the Authority). The Authority currently ranks as the fifth largest port in the United States in terms of tonnage, according to the U.S. Army Corps of Engineers. A 2004 economic impact study conducted by Martin Associates reports that the Authority accounts for approximately 11,900 direct jobs and nearly 28,000 indirect jobs in the area. Products vary considerably and include plastics, pharmaceuticals, gasoline, fuel oil, solvents, asphalt, caustic soda, and construction of heavy petrochemical- related equipment such as cranes and drilling rigs. Companies include Celanese, CITGO, Koch Refining Co., Coastal Refining & Marketing, Inc., Aker Gulf Marine Fabricators Inc., Valero Refining Co., Occidental Chemical Corporation, E.I. DuPont de Nemours & Co. and Coastal Javelina Inc. A number of these companies take advantage of the port's Foreign Trade Zone and are included in the 3 zone or subzones, allowing them to conduct business in territory considered to be in "international commerce." Capital Investments, Petrochemical Industries D7 '60 11 10 '91 12 'n3 'H '95 • 6 '9? Source: CC hoard ofTrade Page 7 of 10 DRAFT NARRATIVE JLUS Gg4NT REQUEST January 4, 2010 Encroachment Issues 1. Naval Air Station Corpus Christi. The Naval Air Station Corpus Christi base is surrounded by water bodies to the north and east, to the west a combination of water and developing university land and by developed land to the south. Texas A & M University is located to the west of the Naval Air Station base on Ward Island and partially lies within an Accident Potential Zone 1. As an entity of the state, the university is not required to follow city zoning rules. The areas to the south of the base are currently zoned for industrial, commercial and mobile and single - family home uses. These parcels are located within the Accident Potential Zones 1 and 2, and many are located adjacent to a Naval Air Station primary runway. The City does not anticipate that these areas will substantially transition in the near future to Air Installation Compatible Uses. Current zoning of the area includes single family and mobile home zoning. In addition, the industrial, commercial and residential zoning does not address Air Installation Compatibly Use Guidelines with regard to uses that may congregate large groups of people. In 1993 the City adopted the Flour Bluff Area Development Plan. While the plan called for the creation of an Overlay Zoning Ordinance to implement restrictions on land use consistent with the Navy's AICUZ Guidelines, an overlay district has not been created. 2. Waldron Field. The Waldron Field area is located directly south of Naval Air Station Corpus Christi and in an area consisting primarily of 6,000 square foot lots zoned for "low- density residential" use; New residential development surrounding the base to a higher density use is a concern for this area too. However, east of the primary runway are some residential uses with standard 6,000 square foot lots. New residential development and redevelopment of existing residential to higher density is a concern for the areas surrounding Waldron Field. The Waldron Field location is in relatively close proximity to,NAS CC. The greater speed of the new "T -6" Texan Trainer presents a potential problem for the Waldron Field location and the need to expand the existing runways by approximately 1,000 feet for "T -6" landings. Goliad Field or some other outlying landing fields are being considered by the Navy. This Joint Land Use Study will not address alternative fields unless they are located within the Corpus Christi jurisdiction. Page 8 of 10 DRAFT NARRATIVE JLUS G NT REQUEST January 4, 2010 3. Cabaniss Field. Cabaniss Field is located primarily in an area known as a growth corridor of the City. Within the City limits Clear Zones next to Cabaniss Field have been purchased by the City or the Navy. Clear Zones located outside city limits have not been purchased by the City or the Navy. Some but not all Accident Potential Zones are zoned for non - residential uses. In addition, the Zoning for the Accident Potential Zones does not address potential restrictions to uses that could congregate large groups of people and or uses that would be in conflict with the Navy's Guidelines on uses for Accident Potential Zones. 4. Other Miscellaneous Encroachment Issues. 1. The commercial and industrial zoning districts which are commonly used under AICUZs in the city allow uses such as stadiums, theaters, churches, etc. that are characterized by large groups of people. 2. While the areas directly under the footprint of an AICUZ boundary have historically been the focus of zoning restrictions related to AICUZs, areas adjacent to the AICUZs may also need to be considered for zoning restrictions. 3. A lack of public awareness may exist with respect to the hazards to property under an AICUZ. Much of the public, existing property owners or prospective property owners may not be aware of the accident potential hazard adjacent to the Navy's flight training facilities. 4. Identify possible changes to the City's Comprehensive Plan including the Future Land Use and Urban Transportation Plan. 5. Determine if all Clear Zones are properly protected from incompatible development. Determine if any additional properties should be purchased to protect the Clear Zones. 6. Consider creation of an overlay zoning district for areas s urrounding Naval Air Station— and the training fields. 7. Address the AICUZ with respect to the Texas A &M University - Corpus Christi located on Ward Island. Page 9 of 10 DRAFT NARRATIVE JLUS G NT REQUEST January 4, 2010 STUDY AREA The study includes the Corpus Christi Naval Air Station. Waldron Field and Cabaniss Field and those areas surrounding each base that are impacted by the Air installation Compatibility Use Zones. These areas of study shall include those areas that fall within and between the Air Installation Compatible Use Zones. The study areas are illustrated on Figure 1 below: Air installation Compatability Use Zones S Study Area NAS Corpus Ch tv�t ._... Ccxkxc; Chrsti Ar InstaIaton Cc, Use Zones tAlCUZ) surround NavaL Air Stataan Carpus Chest, Colonies and''Week:aaundia y Lancing =ieda. AICLZS are des orMte reduce noise bevels and safety hazards created py notary loft aperad.ns. The government retains Saluence on 'zed use **en these zeros tesede;uard public safety. bealdh. Ware and ra enure he 8uatatiora meratiomi eapabile s. Runway .Control Zone Legend Aacdent Paternal Zone 1 Accdent Potential Zone 2 .,r pa.Wesc vsacsnzce �vs ettvas Page 10 of 10 DRAFT NARRATIVE JLUS GINT REQUEST January 4, 2010 Attachment 4. Draft Grant Application Scope of Work Corpus Christi Naval Air Station Joint Land Use Study (JLUS) Grant Proposal SCOPE OF WORK I. START -UP PHASE A. Resolution by City Council to pursue a Joint Land Use Study. B. The City Council to appoint two Policy Committee members (Mayor Adame and one City council Member) C. The City invites the Nueces County Commissioners Court to appoint two Policy Committee members (County Judge and one Commissioner) D. Schedule initial meeting of the policy Committee and Technical Working Group to approve work program, meeting time /schedule, begin grant application process. E. The Policy Committee will select a chairperson (the Vice Chair will be the base Commanding Officer), the Policy will appoint a Technical Working Group TWG). F. Technical Working Group to draft and review JLUS grant application. G. Policy Committee to recommend a grant applicant for submittal to the Office of Economic Adjustment (OEA). H. City Council to approve and accept a JLUS Grant if offered by the OEA. I. Policy Committee and Technical Committees begin RFP process to select a JLUS consultant. J. City Council approves consultant selection. II. DATA COLLECTION PHASE A. Existing Conditions (City Staff and Consultant) 1. Review, collect, and analyze information from adopted reports and studies including but not limited to: the current NAS Corpus Christi (NASCC) Air Installation Compatible Use Zones (AICUZ) report, NASCC's Encroachment Action Plan, base operations /standard operating procedures guidance, city comprehensive plan, etc. —86— Dorm 1 r.f Q ill? A"Grr Cf'F DM' (IV DTt TT TTC CID AATT DPC1T T1~CT Tom.,,, ,,., n 2. Determine population of the study area and AICUZs (See Exhibit 4 Study Area) using US Census data. Map the population density using the city's Geographic Infolination System (GIS). 3. Create an existing land use map and table for each Clear Zone (CZ), Accident Potential Zone (APZ) I and II for each of the three study areas. As appropriate create the necessary Geographic Information System (GIS) Layers. 4. In -field Surveys and Land Use Analysis - determine the existing density of residential development and identify non - residential uses that are not consistent with AICUZ guidelines for Clear Zones and Accident Potential Zones I and II. 5. Create and existing zoning map and table of zoning districts for each of the three study areas. As appropriate create the necessary Geographic Information System (GIS) Layers. 6. Zoning Analysis - identify areas where the existing zoning is not consistent with AICUZ guidelines. 7. Compile all collected data of each study area into one useable data base. B. Existing Conditions Report and Initial Public Workshop (Consultant) 1. Schedule and monitor Policy Committee, Technical Working Group and Sub - Committee meetings; 2. Assign tasks /sub - projects to Sub - Committees (as directed by JLUS Staff); 3. Obtain and examine existing studies /reports relevant to noise standards /guidelines, land development regulations, and current and future NAS Corpus Christi operations; 4. Compile a table of existing compatible use standards /regulations; 5. Research on how other cities in Texas and the US protect their bases; 6. Document new infrastructure or community facility improvements proposed within the study area completed and funded on the current Capital Improvement Program Capital Budget and Bond Program; 7. Collect building permit data and subdivision approval data for the past five years; 8. Compile a table of all information and recommendations found by the consultant, Technical Working Group, and sub - committees; deliver to JLUS staff for mapping; 9. Hold public workshops to solicit community input for use in preparation of JLUS draft. _87_ Page 2 of 8 DRAFT SCOPE OF WORK JLUS GRANT REQUEST January 4, 2010 C. Update Existing Conditions and Research (Consultant) 1. Generate draft base map to establish desired presentation scale and map layout for presentation -sized maps and report-sized maps; 2. Prepare GIS coverage for Accident Potential Zones I and II and noise contours; 3. Expand GIS layers of base information for study area; 4. Expand database to include all new findings and comparisons; 5. Map environmental constraints in study area; 6. Prepare proposed future land use maps for study area; 7. Create digital zoning district maps for study area (generalized or parcel based); 8. Map recent development activity (last five years). 9. Deliverables (a) JLUS Staff - Current demographics, land use, field research data; (b) Consultant - GIS coverage /maps for existing land use, environmental constraints and proposed future land use, aggregate zoning districts, recent development activity, and environmental constraints. (c) Consultant - Begin JLUS draft with Introduction and Statement of Goals, existing conditions and analysis, identification of issues and needs; draft table of data collected, research completed and draft recommendations. III. ANALYSIS AND PLAN FORMULATION PHASE A. Land Use and Base Operations 1. Consultant (a) Classify existing and future land uses located in the Study Area in terms of general compatibility with air operations; (b) Identify any conflicts and determine potential impacts on air operations; (c) Identify civilian concerns; _88— Pave 1 of R TIP AFT SCYIPF. (1F WORK TT .T TS l TR ANT RPM TROT Tannary 4 ?(11 (d) Overlay noise and accident potential zone map on existing land use map. 2. Evaluate NAS Corpus Christi plans (a) Consultant/NAS Staff - Identify base mission growth objectives (b) Consultant/NAS Staff - Review the impact of base mission growth objectives on air traffic patterns and volumes. 3. Evaluate standard operating procedures for NAS Corpus Christi as to how they impact the surrounding communities and what may be done, if anything, to limit these impacts. (a) Consultant/NAS Staff - Evaluate altitude, pattern speed, maneuvers and hours of operations; (b) Consultant/NAS Staff - Document and evaluate process for continuing dialogue between Navy Officials, local govemment, and concerned citizens. 4. Consultant Deliverables (a) Consultant - GIS coverage /maps showing locations of noise contours and accident potential zones in relation to identified existing land uses. (b) Consultant - Draft description of NAS Corpus Christi growth objectives, mission, and procedures; (c) Consultant - Identify issues to be address by the plan. (d) Consultant - Draft table to include conflicts with air operations and civilian concerns regarding expanded base missions. B. Future Development Potential vs. Future Land Use 1. Consultant with JLUS staff assistance: (a) Identify and quantify potentially incompatible existing land uses; (b) Propose the types of uses likely to be developed within the study area; (c) Evaluate existing development controls and determine to what extent they may reduce potential future conflicts; (d) Evaluate the compatibility of developing uses; _89— Page 4 of 8 DRAFT SCOPE OF WORK JLUS GRANT REQUEST January 4, 2010 (e) Prepare maps of noise and air hazard zones highlighting existing and future potential land use conflicts. (f) Proposed changes to the adopted future land use plan to achieve compatibility with AICUZ guidelines. (g) Propose changes to the existing district text and zoning map changes to achieve compatibility with AICUZ guidelines. (h) Propose changes to other city codes and ordinances to achieve compatibility with AICUZ guidelines. 2. Consultant Deliverables (a) Land use compatibility maps; (b) Draft land use analysis, in consideration for NASCC's Air Installation Compatible Use Zone (AICUZ) report; (c) Proposed changes to adopted future land use; (d) Proposed changes to existing zoning text and map changes and other codes /ordinances of the city. IV. PUBLIC OUTREACH A. Creation and Distribution of JLUS Information and the Final Draft Report 1. Consultant prepares a public (Citizen) brochure to explain the purpose of the JLUS, describe the study area, expected outcomes, etc. Consultant creates a JLUS website linked to the city /county websites to allow access to project information including: points of contact, committee members, schedules, documents, maps, public meeting information, etc. Website will be maintained by the consultant until project completion. 3. Consultant creates and publishes draft copy of recommendations for the JLUS utilizing the data, in -house work already completed, and public input. 4. Consultant conducts public forums to describe draft recommendations and solicit final public input for any changes to recommendations and compile full draft copy of the JLUS, including public recommendations. —90— TT) A L E T annnT' i-vrp VITtlilii" TT T (ID GATT 1)1~(1T T1r C'T r.,.,,,.,,.,, A 7n1 n 5. Consultant presents final draft document to the Technical Working Group and the Policy Committee for review and final input before publishing; 6. Consultant makes revisions to JLUS draft based on the Technical Working Group and Policy Committee recommendations. 7. Consultant drafted final document is approved by the Technical Working Group and the Policy Committee. A public hearing and action agenda schedule are recommended for approval by the Corpus Christi City Council and the Nueces County Commissioner's Court. City Secretary will follow standard procedure and record public comments. 8. The Corpus Christi Planning Commission conducts a public hearing and recommends City Council approval of the JLUS. 9. The City Council conducts a public hearing and recommends changes as necessary and adopts the JLUS as an element of the City's Comprehensive Plan. B. Deliverables: 1. Final adopted JLUS report (with Executive Summary) including maps, and final Citizens Brochure with executive summary of recommendations /strategies. 2. Consultant produces hard copies and CD copies for distribution to the City Council, Commissioner's Court, Planning Commission and staff, and DOD. 3. Staff distributes 3 copies of all documents to the DOD /OEA and attach a copy under the deliverable tab in the OEA e -grants website. V. IMPLEMENTATION PHASE A. Implementation. Upon completion and acceptance of the JLUS Final Draft, the Planning Commission will form a subcommittee to recommend City Council actions on implementing the JLUS recommendations. Annual progress reports will track completion of each action and be forwarded to all concerned parties and/or agencies. Implementation of JLUS recommendation will be a coordinate effort between the City of Corpus Christi, Nueces County and City and County Staff and the public at large. This will be a long- term process that may include changes to both the land development regulations and comprehensive plan, all of which must be coordinated through the public hearing process and be approved by the Corpus Christi City Council and the Nueces County Commissioners Court. —91— Page 6 of R DRAFT SCOPE OF WORK JLUS GRANT REQUEST January 4, 2010 Request for Proposal (RFP) Consultant Evaluation and Selection Criteria Proposals will be distributed to the evaluation committee and then be evaluated based on the evaluation criteria described below. Each of the identified criteria has an assigned weight (whole numbers between 1 and 100) that is used to establish their relative importance in the evaluation process. The criterion for this RFP is as noted here and defined in further detail in the rest of this section. 1. Experience, qualifications and technical competence of the consulting firm in the types of work required to complete the task. 30% 2. Relevant experience and qualifications of specific personnel assigned to the project. 25% 3. Past performance on projects of a comparable nature. 20% 4. Geographical proximity of consulting firms to Corpus Christi and how this JLUS will be prioritized within the firm's overall workload. 5% 5. Cost. Questions regarding the firm. 20% 1. How well has the firm demonstrated experience in completing similar projects on time and within budget? 2. If a subcontractor will perform work on the contract, how well do they measure up to the evaluation used for the offeror? 3. How well has the firm demonstrated a thorough understanding of the purpose and scope of the project? 4. How well has the firm identified pertinent issues and potential problems related to the project? 5. How well has the firm demonstrated that it understands the deliverables the City expects it to provide? 6. How well has the firm demonstrated that it understands the City's time schedule and can the firm meet it? _92_ Pape 7 of R T)R AFT CCOPF. (IF WORK TT.TTR GR ANT RPM TP T Tan„ar , d '")(11 (1 Questions regarding experience and qualification of personnel. 1. Describe the related experience of individuals who will be assigned to the project? 2. Are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in the work the project requires? Identify total team years of related experience. 3. Identify the applicable education background for the personnel designated to work on the project? 4. Is the organization of the project team clear? Past performance on comparable projects. 1. Describe projects of a similar nature that the firm has completed. 2. Where the projects completed on time? 3. Where the projects within budget? Proximity of the consulting firms to Corpus Christi and how this JLUS will be prioritized within the firm's overall workload. 1. Estimate the percentage of the project budget that will be spent on travel. 2. Identify the prioritization of this project with the firms work program. 3. How knowledgeable are the Firm's personnel of the local area, State of Texas Laws and how many individuals have worked in this area previously? Deadline for Submission: Deliver or Mail Submissions to: Faryce Goode Macon, Assistant Director of Development Services Development Services Department 2406 Leopard Street Corpus Christi, Texas 78404 Inquiries for this Project: Robert E. Payne, AICP, Senior City Planner Address same as above/ 361- 826 -3572/ bobpZicctexas.com —93— Page 8 of 8 DRAFT SCOPE OF WORK JLUS GRANT REQUEST January 4, 2010 RESOLUTION AUTHORIZING THE FORMATION OF A JOINT LAND USE STUDY COMMITTEE AND DIRECTING STAFF TO PREPARE A JOINT LAND USE STUDY GRANT APPLICATION FOR REVIEW BY THE COMMITTEE AND FOR SUBMISSION TO THE OFFICE OF ECONOMIC ADJUSTMENT OF THE DEPARTMENT OF DEFENSE. WHEREAS, the United States Navy has suggested that the City of Corpus Christi consider submitting a grant application to the Office of Economic Adjustment for a Joint Land Use Study, and that fifty (50) cities and counties have conducted such studies for the purpose of protecting the military's mission by planning for compatible land uses next to military bases; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The formation of a Joint Land Use Study Committee is authorized and City Staff is directed to prepare a Joint Land Use Study grant application for review by the Committee and for submission to the Office of Economic Adjustment of the Department of Defense. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 18, 2010 eborah Walther B Assistant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas day of , 2010 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 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1 -26 -10 AGENDA ITEM: RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE FIRST AMERICAN CORPORATION FOR THE CREATION AND RETENTION OF JOBS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE FIRST AMERICAN CORPORATION BUSINESS INCENTIVE AGREEMENT ISSUE: To assist in the attraction of Tong -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. REQUIRED COUNCIL ACTION: Approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation and First American Corporation. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to First American Corporation for the creation of 400 employees and a capital investment of approximately $5.8 million. Irma Caballero Director of Economic Development irmaca @cctexas.com 826 -3850 Attachments BACKGROUND INFORMATION First American Corporation is a Fortune 500 company that traces its history to 1889. With revenues of approximately $6.2 billion in 2008, it is America's largest provider of business information. First American Corporation provides inbound and outbound contact center services primarily to Mortgage companies. First American's services include tax escrow customer service, welcome calls, redemption information, non - escrow tax delinquency reminders and other mortgage related services. The First American Family of Companies, many of which command leading market share positions in their respective industries, operate within five primary business segments, including: Title Insurance and Services, Specialty Insurance, Information and Outsourcing Solutions, Data and Analytic Solutions, and Risk Mitigation and Business Solutions. Headquartered in Santa Ana, California, the company employs approximately 31,411 people with approximately 70% within the United States. First American proposes to invest approximately $5.8 million over a three year period, with $3.8 million invested in construction and $2 million invested in furniture, fixtures, and equipment. This investment will result in the creation of up to 400 new full -time permanent jobs in the City of Corpus Christi, with an estimated annual average salary of $22,500. The term of the agreement is five (5) years with an option to extend. First American has the option to extend the term of this Agreement for one successive three (3) year term following the original term and one successive two (2) year term following the first extension. The maximum incentive for this agreement is $1,200,000 over ten (10) years. The option to extend may only be exercised if the following has been achieved: > No default in the performance of any condition of this agreement for which a notice of default has been given to the First American Corporation. However, if First American proceeded promptly after the notice of default with due diligence to cure the default, the option may be exercised. > First American has at least 400 employees with an average annual salary of $24,835 at the end of the original term and $26,745 at the end of the first extension. > First American must provide written notice at least three (3) months prior to the end of the current term. Performance Requirements: Year Capital Investment No. of Empls. Avg. Annual Salary Incentive Award 2010 $3.8 million — construction 80 - 100 $22,500 $96,000 up to $1 million — furniture, fixtures, equip. $120,00 2011 80 —100 (retain) $23.062.50 $96,000 up to $500,000 — furniture, fixtures, equip. 160 -200 (new) $120,000 2012 $500,000 — furniture, fixtures, equip. 240 - 300 (retain) $23,639 $96,000 up to 80 - 100(new) $120,000 2013 $96,000 up to 320 — 400 (retain) $24,230 $120,000 2014 320 — 400 (retain) $24,835 $96,000 up to $120,000 If First American does not make the annual minimum capital investment in construction of facilities or acquisition of furniture, fixtures, and equipment in any year as required, they will not receive any grant for that calendar year. Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE FIRST AMERICAN CORPORATION FOR THE CREATION AND RETENTION OF JOBS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE FIRST AMERICAN CORPORATION BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist business in Corpus Christi, Texas. WHEREAS, in 2007, the Type A Board requested proposals and determined that the proposal from The First American Corporation ( "First American "), best provided assistance for business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive project support agreement; and WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentive agreement with First American for the creation and retention of jobs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs for businesses between the Type A Board and First American, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the business incentive agreement with First American for the creation and retention of jobs, which is attached to this resolution as Exhibit B. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor RESOLUTION -- Business Incentive Agreement -- First American?1202010 Page 2 of 3 APPROVED: day of January, 2010. R. Jay Reining First Assistant City Attorney For City Attorney RESOLUTION — Business Incentive Agreement — First American PA202010 Page 3 of 3 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott RESOLUTION — Business Incentive Agreement — First America 0 61202010 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE FIRST AMERICAN CORPORATION FOR THE CREATION AND RETENTION OF JOBS This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and The First American Corporation, a Delaware for - profit corporation ( "First American "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City') passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, First American's Corporate Contact Center will support the Information Outsourcing Solutions Business segment by providing inbound and outbound contact center services to mortgage companies which include tax escrow customer service, redemption information, non - escrow tax delinquency reminders and other mortgage related services; Page 1 of 13 BUSINESS INCENTIVE AGREEMENT — First American — 01202010A —105— DRAFT WHEREAS, First American proposes to invest approximately $5.8 million in construction and acquisition of furniture, fixtures, and equipment over a three year period; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to First American, through this contract with First American, to be used by First American to partially offset the costs of building improvement, purchase of computers, office stations, furniture and fixtures and which will result in creation of up to 400 new full -time permanent jobs in the City of Corpus Christi, with an estimated annual average salary of $22,500. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and First American agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date of the First American leases for its facility ( "Commencement Date "). 3. Option to Extend. a. First American has the option to extend the term of this Agreement for one successive three year term following the Original Term and one successive two year term following the First Extension (each of the periods being referred to as the "Extended Term "). The option to extend may only be exercised: (1) If there is no default in the performance of any condition of this Agreement for which a notice of default has been given to the First American. However, in the case of any default that cannot be cured prior to the last day on which the First American is entitled to exercise the option, if the First American proceeded promptly after the service of the notice of default with due diligence to cure the default, the First American may nevertheless exercise the option. (2) First American has at least 400 employees with an average annual salary of at least $24,835 at the end of the Original Term and $26,745 at the end of the First Extension. b. With the following exceptions, each Extended Term will be upon the same conditions as provided in this Agreement: (1) There is no privilege to extend the term of this Agreement for any period of time after the expiration of the second extended term. Page 2 of 13 BUSINESS INCENTIVE AGREEMENT — First American — 01202010A —1 0 6— DRAFT (2) First American shall retain at least 400 employees. In any year in which First American does not retain at least 400 employees, the Corporation will not make a grant to First American for that year. (3) If First American, during any year during an extension, retains at least 400 employees, with an average annual salary of at least 102.5% of the prior year's average annual salary, the Corporation will provide a $120,000 grant to First American. c. Where First American is entitled to exercise the option for an Extended Term, the First American must provide written notice of the at least three months prior to the then current Term. Upon the exercise, this Agreement will be extended or further extended automatically without the necessity of further action by City or First American. 4. Performance Requirements and Grants. a. First American's performance requirements: (1) During the first year following the Commencement Date, First American shall invest at least $4.8 million on construction of facilities and acquisition of furniture, fixtures, and equipment and employ at least 80 new employees with an average annual salary of at least $22,500 per employee. (2) During the second year following the Commencement Date, First American shall invest at least $500,000 on acquisition of furniture, fixtures, and equipment; retain at least 80 existing employees with an average annual salary of at least $23,062.50 per existing employee; and employ at least 80 new employees with an average annual salary of at least $23,062.50 per new employee. (3) During the third year following the Commencement Date, First American shall invest at least $500,000 on acquisition of furniture, fixtures, and equipment; retain at least 160 existing employees with an average annual salary of at least $23,639 per existing employee; and employ at least 80 new employees with an average annual salary of at least $23,639 per new employee. (4) During the fourth year following the Commencement Date, First American shall retain at least 240 existing employees with an average annual salary of at least $24,230 per existing employee and employ at least 80 new employees with an average annual salary of at least $24,230 per new employee. Page 3 of 13 BUSINESS INCENTIVE AGREEMENT -- First American -- 01202010A —107— DRAFT (5) During the fifth year following the Commencement Date, First American shall retain at least 320 existing employees with an average annual salary of at least $24,835. per existing employee. (6) First American shall annually report their actual investments within the City of Corpus Christi, and provide documentation to support the report to the Corpus Christi Regional Economic Development Corporation. b. Corporation's Grants. The Corporation will grant First American up to $600,000 under the following conditions: (1) If First American, in the first year following the Commencement Date, invests at least $4.8 million on construction of facilities, furniture, fixtures, and equipment and employs at least 80 new employees with an average annual salary of at least $22,500 per employee, the Corporation will grant First American $96,000. (2) If First American, in the first year following the Commencement Date, invests at least $4.8 million on construction of facilities, furniture, fixtures, and equipment and employs at least 100 new employees with an average annual salary of at least $22,500 per employee, the Corporation will grant First American $120,000. (3) If First American, in the second year following the Commencement Date, invests at least $500,000 on furniture, fixtures, and equipment and, retains at least 80 existing employees with an average annual salary of at least $23,062.50 per existing employee, and employs at least 160 new employees with an average annual salary of at least $23,062.50 per new employee, the Corporation will grant First American $96,000. (4) If First American, in the second year following the Commencement Date, invests at least $500,000 on furniture, fixtures, and equipment; retains at least 100 existing employees with an average annual salary of at least $23,062.50 per existing employee; and employs at least 200 new employees with an average annual salary of at least $23,062.50 per new employee, the Corporation will grant First American $120,000. (5) If First American, in the third year following the Commencement Date, invests at least $500,000 on furniture, fixtures, and equipment; retains at least 240 existing employees with an average annual salary of at least $23,062.50 per existing employee; and employs at least 80 new employees with an average annual salary of at least $23,062.50 per new employee, the Corporation will grant First American $96,000. (6) If First American, in the third year following the Commencement Date, invests at least $500,000 on furniture, fixtures, and equipment; retains at least 300 existing employees with an average annual salary of at least Page 4 of 13 BUSINESS INCENTIVE AGREEMENT -- First American — 01202010A —108— DRAFT $23,062.50 per existing employee; and employs at least 100 new employees with an average annual salary of at least $23,062.50 per new employee, the Corporation will grant First American $120,000. (7) If First American, in the fourth year following the Commencement Date, retains at least 320 existing employees with an average annual salary of at least $24,230 per existing employee, the Corporation will grant First American $96,000. (8) If First American, in the fourth year following the Commencement Date, retains at least 400 existing employees with an average annual salary of at least $24,230 per existing employee, the Corporation will grant First American $120,000. (9) If First American, in fifth year following the Commencement Date, retains at least 320 existing employees with an average annual salary of at least $24,835 per existing employee, the Corporation will grant First American $96,000. (10) If First American, in the fifth year following the Commencement Date, retains at least 400 existing employees with an average annual salary of at least $24,835 per existing employee, the Corporation will grant First American $120,000. (21) If First American does not create the minimum number of new jobs or retain the number of jobs for any given year, as defined in the following chart below, the Corporation will not award any grant to First American for that calendar year. Year Minimum Minimum Number of Number of New Jobs Retained Jobs J 2010 80 0 2011 160 80 2012 80 240 2013 0 320 2014 0 320 Page 5 of 13 BUSINESS INCENTIVE AGREEMENT -- First American — 01202010A —109— DRAFT (22) If First American does not make the annual minimum capital investment in construction of facilities or acquisition of furniture, fixtures, and equipment in any year as required by Section 3.a.(1) — (6), the Corporation will not award any grant to First American for that calendar year. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. First American agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. First American agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. First American shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Buy Local Provision. a. First American agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 7. Warranties. First American warrants and represents to Corporation the following: a. First American is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. Page 6 of 13 BUSINESS INCENTIVE AGREEMENT — First American -- 01202010A — 1 1 0— DRAFT b. First American has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. First American has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. First American has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of First American are duly authorized to execute this Agreement on behalf of First American. 8. Compliance with Laws. First American shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non - Discrimination. First American covenants and agrees that First American will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or First American are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or First American are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. First American may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. First American covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' Page 7 of 13 BUSINESS INCENTIVE AGREEMENT — First American — 01202010A —111— DRAFT compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with First American activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. First American must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of First American to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Corporation or City determines that any representation or warranty on behalf of First American contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against First American or any attachment or other levy against the property of First American with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. First American makes an assignment for the benefit of creditors. e. First American files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by First American become delinquent, and First American fails to timely and properly follow the legal procedures for protest or contest. g. First American changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that First American is in default according to the terms of this Agreement, the Corporation or City shall notify Page 8 of 13 BUSINESS INCENTIVE AGREEMENT -- First American — 01202010A —1 1 2— DRAFT First American in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for First American to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of First American, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. First American shall immediately repay all funds paid by Corporation under this Agreement. b. First American shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to First American under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of First American's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time First American is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. First American specifically agrees that Corporation shall only be liable to First American for the actual amount of the money grants to be conveyed to First American, and shall not be liable to First American for any actual or consequential damages, direct Page 9 of 13 BUSINESS INCENTIVE AGREEMENT -- First American — 01202010A —113— DRAFT or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from First American to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: First American Corporation: First American Corporation 1 First American Way Santa Ana, CA 92707 City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. Page 10 of 13 BUSINESS INCENTIVE AGREEMENT — First American -- 01202010A —1 1 4— DRAFT 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Relationship of Parties. in performing this Agreement, both the Corporation and First American will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and First American. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. Page 11 of 13 BUSINESS INCENTIVE AGREEMENT -- First American — 01202010A — 1 15— DRAFT Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Page 12 of 13 BUSINESS INCENTIVE AGREEMENT — First American — 01202010A —1 1 6— DRAFT The First American Corporation By: Mike Rasic Chief Financial Officer Date: THE STATE OF CALIFORNIA COUNTY OF ORANGE This instrument was acknowledged before me on , 2010, by Mike Rasic, Chief Financial Officer, for First American Corporation, a Delaware for - profit corporation, on behalf of the corporation. Notary Public State of California Page 13 of 13 BUSINESS INCENTIVE AGREEMENT — First American -- 01202010A — 1 17— DRAFT 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/26/10 AGENDA ITEM: Ordinance amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by adding a new division 29 to establish the Island Strategic Action Committee; providing for Severance; and providing for publication. ISSUE: In 2000, an ad hoc committee named the Island Action Group was organized to address the implementation of the Mustang-Padre Island Area Development Plan (the Plan). The ad hoc committee was never formally established by the City Council, but its plan was presented to and accepted by the City Council in April 2004. The Plan calls for the formal establishment of a Strategic Action Committee to aggressively pursue the implementation of that plan. With the need to obtain input from island residents and businesses on the plans for the Tax Increment Reinvestment Zone Number Two project and financing plans, there is a need for a formal advisory committee to represent Mustang/Padre Islands. Presented for your consideration is an ordinance that formally establishes the Island Strategic Action Committee and the associated nomination process. REQUIRED COUNCIL ACTION: Council approval of the Ordinance PREVIOUS COUNCIL ACTION: None RECOMMENDATION: Staff recommends approval of the ordinance that formally establishes the Island Strategic Action Committee and the associated nomination process. ~i~YY~.J -~J Irma Caballero Director of Economic Development irmaca@cctexas.com 826-3850 BACKGROUND INFORMATION In 2000, an ad hoc committee named the Island Action Group was organized to address the implementation of the Mustang-Padre Island Area Development Plan. The ad hoc committee was never formally established by the City Council, but its plan was presented to and accepted by the City Council in April 2004. Policy Statement G.2 in the Mustang-Padre Island Area Development Plan calls for the formal establishment of a Strategic Action Committee to aggressively pursue the implementation of that plan. With the need to get input from island residents and businesses on the plans for the Tax Increment Reinvestment Zone Number Two project and financing plans, there is a need for a formal advisory committee to represent Mustang/Padre Islands. The area development plan provides that: "A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the Mustang-Padre Island area, professional architects and engineers, commercial realtors, at-large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g., Water Shore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific time lines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority projects for the Strategic Action Committee include: Mustang-Padre Island Area Development Plan projects to be recommended for inclusion in the next City Bond Program. • Implementation of sustainable new or additional funding sources for the Mustang-Padre Island Area, i.e., Tax Increment Financing District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the Mustang-Padre Island Area Plan. • Annual input into the City's Capital Improvements Program. • Recommend State legislation pertaining to Island concerns. • Other appropriate areas of concern." The Island Strategic Action Committee will develop specific strategies for implementation of the Mustang-Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. Since this committee is supposed to have a continuing role in providing annual input into the City's Capital Improvement Program and the implementation of sustainable funding sources for the Mustang-Padre Island area, such as tax increment financing, we believe a standing advisory committee is the best approach for the immediate future. On January 5, 2010, city staff met with various representatives from the Island and received input on a proposed ordinance formalizing an Island Strategic Action Committee. Based on the input received, the membership portion of the ordinance was evaluated and revised. With the approval of the Ordinance, staff anticipates council committee appointments in the February-March 2010 timeframe. The committee will be comprised of thirteen (13) members and ex-officio members. These members will be approved by the City Council. The following is a list of members for the committee: • A representative nominated by the Padre Isles Property Owners Association • A residential property owner who owns property and resides on Mustang or Padre Islands • A commercial property owner who owns property and does business on Mustang or Padre Islands • A developer of property on Mustang or Padre. Islands • A representative nominated by the Padre Island Business Association • An architect or professional engineer, who does work on projects on Mustang or Padre Islands • A member nominated by the Board of Directors of the Island United Political Action Committee • A realtor, who primarily represents buyers or sellers of property on Mustang or Padre Islands • A construction contractor, who primarily works on projects on Mustang or Padre Islands • A representative of an environmental group • Two at large representatives with interest on Mustang or Padre Island, including, but not limited to island residents, property owners, or business owners • A resident of Corpus Christi who has no financial interest on Mustang or Padre Island The following organizations may appoint arepresentative toserve as an ex-officio advisory member of the action committee without vote: • Planning Commission • Watershore and Beach Advisory Committee • Park and Recreation Advisory Committee • Nueces County • Nueces County Water Control and Improvement District No. 4. • Corpus Christi Convention and Visitors Bureau Of the initial members, seven (7) members shall serve athree-year term and six (6) members shall serve atwo-year term. This will be determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. The committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. The Director of Economic Development, or designated representative, will serve as the staff liaison and assist the action committee with its duties. The Assistant City Manager, Development Services and Director of Economic Development will serve as ex-officio members of the action committee without a vote. Nomination Process: Though all categories follow an open nomination process, island organizations may. nominate only one representative. Those organizations include the following: Padre Isles Property Owners Association, Padre Island Business Association, and Island United Political Action Committee. The remainder of the committee make-up will follow the normal application and appointment process generally followed by other city committees. Applications may be sent to the City Secretary's office located on the first floor of City Hall. Additional information and automated application is located on the City's website at www.cctexas.com. Attached is a copy of the application form for the Island Strategic Action Committee. The City Council may appoint not more than four members of the action committee who do not reside within the City if they work on or own or represent the owner of property or business on Mustang or Padre Islands. In accordance with §2-65 of the City Code of Ordinances, all of the remaining committee members have to be residents of the City. This requirement also applies to all City advisory committees. Page 1 of 5 ORDINANCE AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW DIVISION 29 TO ESTABLISH THE ISLAND STRATEGIC ACTION COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, Policy Statement G.2 in the Mustang-Padre Island Area Development Plan calls for the establishment of a strategic action committee to aggressively pursue the implementation of the plan; WHEREAS, an ad hoc committee named the Island Action Group organized to address the implementation of the plan, but was never formally established by the City Council; and WHEREAS, there is a need for a standing advisory committee to address the tasks identified in the plan: "A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the Mustang-Padre Island area, professional architects and engineers, commercial realtors, at-large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g. Watershore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinances is amended by adding a new Division 29 to read as follows: "CHAPTER 2 ADMINISTRATION "ARTICLE IV. MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES ISLAND STATEGIC ACTION COMMITTEE 01222010 Page 2 of 5 "DIVISION 29. ISLAND STRATEGIC ACTION COMMITTEE "Sec. 2-291. Created; purpose. "The Island Strategic Action Committee is created to advise the Mayor and City Council on development and implementation of the Mustang-Padre Island Area Development Plan. "Sec.2-292. Duties. "(a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang-Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. "(b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: "(1) Recommending appropriate Mustang-Padre Island Area Development Plan projects for inclusion in the next City Bond Program. "j2) Recommending implementation of sustainable new or additional funding sources for the Mustang-Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. "(3) Provide annual input into the Cit rL's Capital Improvements Program. "(4) Recommend State legislation pertaining to island concerns. "Sec. 2-293. Membership; terms; filling vacancies; ex-officio members. "(a) The Island Strategic Action Committee shall consist of thirteen (13) members appointed by City Council. The membership must include: "(1) A member of the Padre Isles Property Owners Association, who has been nominated by the association. "(2) A residential property owner who owns property and resides on Mustang or Padre Island. "(3) A commercial property owner who owns property and operates a business on Mustang or Padre Island. "(4) A developer of property on Mustang or Padre Island. "(5) A member of the Padre Island Business Association, who has been nominated by the association. ISLAND STATEGIC ACTION COMMITTEE 01222010 Page 3 of 5 "~6) An architect or professional engineer, who does work on projects on Mustang or Padre Islands. "(7) A realtor who primarily represents buyers or seller of property on Mustang or Padre Islands. "(8) A construction contractor who primarily works on projects on Mustang or Padre Islands. "~9) A representative of an environmental group. "~10) A member of the Board of Directors of the Island United Political Action Committee who has been nominated by the committee. "~11) Two at large representatives with interest on Mustang or Padre Island, including but not limited to island residents property owners, or business owners. "~12) A resident of Corpus Christi who has no financial interest on Mustang or Padre Island. ",fib) Notwithstanding the requirement in Section 2-65, the City Council may appoint not more than four members of the action committee who do not reside within the City if they work on or own or represent the owner of property or business on Mustang or Padre Islands. "~c) Of the initial members seven (7) members shall serve athree-year term and six (6) members shall serve atwo-year term as determined by a drawing to be conducted by the City Secretary's office. Thereafter all terms shall be three (3) years. "~d) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. "Le) The Assistant CitYManaaer Development Services and Director, Economic Development serve as ex-officio members of the action committee without vote. "(f) The following organizations may appoint a representative to serve as an ex-officio advisory member of the action committee without vote: "(1) Planning Commission. "(2) Watershore and Beach Advisory Committee. "(3) Park and Recreation Advisory Committee. "(4) Nueces County. "(5) Nueces County Water Control and Improvement District No. 4. ISLAND STATEGIC ACTION COMMITTEE 01222010 Page 4 of 5 "(6) Corpus Christi Convention and Visitors Bureau. "Sec. 2-294. Quorum; procedures; officers; staff liaison, meetings; subcommittees. "(a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of any matters before the action committee. "(b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the City Secretary's office. "(c) At the first meeting after creation of the action committee, a maiority of the whole action committee shall elect a chair and vice-chair to serve during the initial two-year term. Thereafter, the chair and vice-chair shall be elected by a maiority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice-chair shall be held each year at the first regular meeting after appointments to fill expiring terms. "(d) The Director, Economic Development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. "(~ The action committee shall meet at least once a quarter and may meet on the call of the chair or of a maiority of its members. "~ The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex- officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. "Secs. '~2-295 -- 2-309. Reserved." 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 this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 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. ISLAND STATEGIC ACTION COMMITTEE 01222010 Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R Elizondo Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: day of 2010. Armando Chapa City Secretary APPROVED: 22"d day of January, 2010: i~ ./~ ~_-_ R. fining F'rst ssistant C y Attorney For City Attorney Joe Adame Mayor ISLAND STATEGIC ACTION COMMITTEE 01222010 11 NO ATTACHMENT FOR THIS ITEM 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 26, 2010 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute use agreement with the Junior League of Corpus Christi for the design, installation and donation of park improvements at the Antonio E. Garcia Park located at the corner of Agnes and Seventeenth Streets; and declaring an emergency. ISSUE: The Junior League of Corpus Christi (JLCC) proposes to design, install and donate park improvements at Antonio E. Garcia Park. Working with the Antonio E Garcia Arts Center, the Parks and Recreation and Neighborhood Services Departments and the surrounding community, the JLCC has designed park improvements to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity. The JLCC will fund the improvements through grants and private donations. REQUIRED COUNCIL ACTION: Authorize the City Manager to execute an agreement with the Junior League of Corpus Christi for park improvements in Antonio E. Garcia Park. PREVIOUS COUNCIL ACTION: The City Council approved first and second readings of resolution dedicating .98 acres adjacent to the Antonio E. Garcia Center as Antonio E. Garcia Park on January 19 and 26, 2010, respectively. CONCLUSION AND RECOMMENDATION: Staff recommends City Council authorize the City Manager to execute an agreement with the Junior League of Corpus Christi for park improvements in Antonio E. Garcia Park. Stacie A. Talbert Interim Director of Parks and Recreation staciet @cctexas.com (361) 826 -3476 Attachments: Rendering of proposed park improvements —129— BACKGROUND INFORMATION The Junior League of Corpus Christi (JLCC) Playground Pals Committee has been working with the staff of the Antonio E. Garcia Center, the Parks and Recreation Department, the Neighborhood Services Department and surrounding community to design and construct a playscape and walking trail in Antonio E. Garcia Park. These improvements are part of the Committee's effort to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity and diabetes. The JLCC will fund the improvements at the park through grants received from the Earl C. Sams Foundation ($5,000) and the Coastal Bend Diabetes Initiative ($10,000) and private donations. The Antonio E. Garcia Center is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M University at Corpus Christi. Due to liability insurance requirements of the current lease for the Center, this generous donation by the JLCC would require an undue financial burden on the STIA. In order to continue forward with the playscape and walking trail development, and to minimize liability for the STIA, this area was removed from the lease agreement with STIA and dedicated as parkland. This item was reviewed by the Parks and Recreation Advisory Committee (PRAC) during the Wednesday, January 13, 2010 regular meeting. PRAC approved the dedication of Antonio E. Garcia Park as parkland. The City Council approved the first reading of the ordinance dedicating the .98 acres as parkland on January 19, 2010. The second reading of the ordinance will occur on January 26, 2010. The Parks and Recreation Department will work with the STIA and Texas A &M University at Corpus Christi to develop a partnership through the Adopt -a -Park Program for maintenance of the park. Staff recommends City Council approve a motion authorizing the City Manager to execute an agreement with the JLCC for the design, installation and donation of the proposed park amenities. -130- HIL G JUAN A. PIMENTEL GARCIA ARTS 142.5' 35.1' 33.4' 74.0' AGNES ST NOTES: - - -_ - -- -- - - -- Z+„ A 'g� -- - . PARKING - 40 ADDITIONAL SPACES ADDED ♦ is '' +' — APPROX. 1580 SY OF PAVEMENT ! DUMPSTER PAD - - I TRAIL — 959 LE = .18 MILES R. ��� ' _.. 71.6' 21.0• 7 SPACES • 9.0'.63.0' t,1`b�w- "1 d. w'L' : - 50 9 91.8' ff' • 20 0' st.s' 20.0' 10 SPACES3� - .__......._.... �. . ......_ 9.0'=90.0' - a���`� i X t il t ..._ . ... a, *4 X .. _ �`...,.� ..w_"� . II �! ! - k � i '�iVX �N _ ... _ ..x" 1� R= 20.0' x / \ R =20 0 'Ap.l N., 1 ._._.._ ■ , i I :I, ' j ° / / /'/ j R =20.0' R.20.0' . n I F I /R 65Y K" o f ' EXISTING BUILDING j��/ 1as' // / r R 25 8 ?. R =20.0• - N /a s1 R730.0. :I j/ ' ti20.3' • _ xN m i �Y vi h ? /4 Rio r -x , 4! v } '. • i: • I 758 o is! r� LN l 1 ! ! , I , o R =40.0' PROP CIRCUIT 25.4' I : 39.1' I II ..........._ . ..... .... ...... ...._ _.._. ...... o ....... -. TRAINING EQUIPMENT D rr t .... ■ I� E i a T' (5 TOTAL) I o . -a� PROP PLAYGROUNGI - TNrs DOCUMENT IS FOR ITEM RENEW AND ! j ' �•� 1 1 K NOT INTENDED FOR CONSTRUCTOR, ° , _ TIDDIIET, PERMT OR OTIEN UNANNORIZED I r PUPOSES. men OOCUMENIS /PIANS 11EIIE - AUTNORIZED TO RE RELEASED. I 3 m RI: JUAN A. PIMENTEL , P.E. - ! EICENSE ND.: 95847 me: 11/25/09 i rr 1x7a1 WALKING/JOGGING GGIN }g dg mar _... �.. �, j , I {• .......... 1,' '1 t a TRAIL W NC /JO { ,7; f;:hil‘..% EXIST PAVEMENT o n v > 6 3 , G I ita . PROP PAVEMENT y; 73.6' ,� _ i .I ! R =30.0' j SCALE 1:30 ! (r -'- ' R 2b.0 I I LNV CITY OF CORPUS CHRISTI. TEXAS ° -40 :0 7.8 :: 66 .3 / (PARKING LOT IMPROVEMENTS) " "'' - - - .nvm..T.', mobiles. contractors .........._.. ._.... _.... .. _.- _-__._. .._........ GARCIA ARTS CENTER Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE USE AGREEMENT WITH THE JUNIOR LEAGUE OF CORPUS CHRISTI FOR THE DESIGN, INSTALLATION AND DONATION OF PARK IMPROVEMENTS AT THE ANTONIO E. GARCIA PARK LOCATED AT THE CORNER OF AGNES AND SEVENTEENTH STREETS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a Use Agreement for the design, installation, and donation of improvements at the Antonio E. Garcia Park with the Junior League of Corpus Christi. The Agreement is on file with the office of the City Secretary. The Agreement takes effect upon the final adoption of the ordinance authorizing an amendment to the lease with South Texas Institute for the Arts to decrease the leased premises for the Antonio E. Garcia Arts and Education Center. A copy of the agreement is attached and will be filed with the City Secretary's Office. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: January 20, 2010 Lisa Agqillai)), Interim City Attorney H: \LEG- DIR \Lisa\2010 Ordinance\Junior League Anton`il a rcia Park Improvements.doc Corpus Christi, Texas Day of , 2010 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 STATE OF TEXAS COUNTY OF NUECES USE AGREEMENT RELATING TO CONSTRUCTION AND DONATION OF IMPROVEMENTS AT THE ANTONIO E. GARCIA PARK THIS USE AGREEMENT RELATING TO CONSTRUCTION AND DONATION OF IMPROVEMENTS AT THE ANTONIO E. GARCIA PARK (Agreement) is made and entered into this 24th day of February, 2010, after the reading of the Amendment to the CITY's Lease for the Antonio E. Garcia Arts and Education Center, by and between the Junior League of Corpus Christi, Inc., a Texas nonprofit corporation (JUNIOR LEAGUE), and the City of Corpus Christi, Texas, a municipal corporation (CITY). WHEREAS, JUNIOR LEAGUE desires to use certain areas of CITY property known as the Antonio E. Garcia Park to construct and donate to CITY playground facilities, outdoor classroom and fitness walking path (IMPROVEMENTS); and WHEREAS, JUNIOR LEAGUE and CITY mutually desire to enter into this Agreement for the benefit of the public; and WHEREAS, JUNIOR LEAGUE has demonstrated to City Manager that JUNIOR LEAGUE has sufficient funding to complete its obligations under this Agreement, as evidenced by Exhibit A attached hereto; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained and subject to the terms and conditions stated in this Agreement, JUNIOR LEAGUE and CITY agree as follows: 1. TERM This Agreement shall commence on the date first written above and terminate upon completion of the Improvements described below by JUNIOR LEAGUE and their acceptance by CITY. The parties anticipate that the Improvements shall be completed and donation of the Improvements to CITY by JUNIOR LEAGUE completed by April 10, 2010. If there is any delay past April 10, 2010 in the completion of the Improvements, such delayed Improvements shall be included under the terms of this Agreement and shall be considered donated to CITY by JUNIOR LEAGUE as of April 10, 2010, although JUNIOR LEAGUE retains responsibility for such delayed Improvements' completion, as stated in this Agreement. 2. USE OF CITY'S PROPERTY In consideration of the construction of Improvements and donation thereof to CITY, CITY does hereby grant to JUNIOR LEAGUE during the term of this Agreement the use of certain areas of the Antonio E. Garcia Park as indicated on the JUNIOR LEAGUE plans for construction of the Improvements. (CITY'S Property). CITY grants use of CITY's property only for the construction of certain Improvements. The description and design of the Improvements is attached as Exhibit A. JUNIOR LEAGUE agrees to maintain CITY's property —135— 1 in a sanitary, safe and clean condition during JUNIOR LEAGUE's use of CITY's property. JUNIOR LEAGUE further agrees and covenants that CITY's property and any and all Improvements shall at all times be subject to inspection by CITY. 3. CONSTRUCTION OF IMPROVEMENTS A. During the term of this Agreement, JUNIOR LEAGUE shall oversee construction of the Improvements in accordance with this Agreement. JUNIOR LEAGUE shall review all construction invoices and shall make payment if the work has been satisfactorily completed. Improvement plans and specifications and all construction upon CITY's property shall comply with all applicable federal, state or municipal laws and requirements. During the progress of all work, CITY' s duly authorized representative may enter upon the premises and make inspections reasonably necessary for the purpose of satisfying CITY that the work or construction meets its requirements or standards. Before any work on CITY property begins, JUNIOR LEAGUE shall present the Director of Parks and Recreation with evidence of JUNIOR LEAGUE's and contractors' insurance coverages and CITY building and construction permits. JUNIOR LEAGUE shall comply with the insurance requirements attached as Exhibit B, and require its contractor(s) also to comply with the attached insurance requirements. B. The plans and specifications are subject to approval of the CITY's Director of Engineering. Construction of improvements shall not begin until the CITY's Director of engineering has reviewed and approved the construction plans and specifications. C. Except as otherwise specified herein, JUNIOR LEAGUE shall include in all JUNIOR LEAGUE construction agreements for the Improvements, the following provisions: 1. Contractor hereby agrees to waive all claims, release, indemnify, defend and hold harmless CITY and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at Contractor's own cost and expense defend and protect CITY from all those claims and demands, 2. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of thern may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. D. JUNIOR LEAGUE expressly agrees that it will neither give nor grant or purport to give or grant any mechanic's or materialmeh's lien upon the CITY's property or upon any Improvements thereupon in the process of construction or repair, or allow any condition to —136— 2 exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the CITY's property or improvements thereon, and JUNIOR LEAGUE shall discharge each of these liens within thirty (30) days after notice of filing of each lien. E. The Director of Engineering may direct JUNIOR LEAGUE or its contractor to perform reasonable corrective action in construction of Improvements. F. JUNIOR LEAGUE shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of the operation, so as not to unreasonably annoy, disturb or endanger others. 4. COST OF IMPROVEMENTS The complete cost of developing all necessary plans and specifications, as well as the cost of materials and construction of the Improvements by JUNIOR LEAGUE, as provided in this Agreement and on Exhibit A, within the aggregate budget shown on Exhibit A, shall be borne solely by JUNIOR LEAGUE and shall be at no expense to CITY whatsoever. 5. OWNERSHIP AND MAINTENANCE OF IMPROVEMENTS Upon completion or installation of each of the Improvements on or in CITY's property during the term of this Agreement, JUNIOR LEAGUE shall donate each Improvement to CITY and relinquish all maintenance obligations thereto to CITY as of the date of said completion or installation. All Improvements that may be installed or erected by JUNIOR LEAGUE after the term of this Agreement shall become part of CITY's property upon completion of the Improvement by JUNIOR LEAGUE as provided in this Agreement. JUNIOR LEAGUE shall have no responsibility to maintain any Improvement as of the completion of the Improvement by JUNIOR LEAGUE, except as provided in this Agreement. Any warranties given to JUNIOR LEAGUE regarding Improvements, or any part thereof, shall be transferred and assigned to CITY at the same time as the Improvements are transferred to CITY. JUNIOR LEAGUE agrees to execute all documents that CITY deems necessary to accomplish the transfer of the Improvements to CITY. 6. INDEMNIFICATION JUNIOR LEAGUE hereby agrees to waive all claims, release, indemnify and hold harmless CITY and all of its officers, officials, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property, arising out of or in connection with this Agreement occasioned by error, omission, or negligent act of JUNIOR LEAGUE, its officers, agents, employees, invitees, or other person for whom it is legally liable, with regard to the performance of this Agreement. JUNIOR LEAGUE's indemnification and hold harmless obligation hereunder shall end at the expiration of the term of this Agreement. —137— 3 In addition, JUNIOR LEAGUE does hereby agree to waive all claims, release, indemnify, defend and hold harmless CITY and all of its officers, officials, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any JUNIOR LEAGUE employee or volunteer or for loss of, damage to, or loss of use of any property of any JUNIOR LEAGUE employee or volunteer, arising out of or in connection with the performance of this Agreement. During the term of this Agreement, this indemnification by JUNIOR LEAGUE shall include, but not be limited to liability arising from worker's compensation and general liability claims. 7. RULES AND REGULATIONS, SIGNAGE AND DEVELOPMENT STANDARDS JUNIOR LEAGUE agrees to observe and obey any and all rules and regulations and all other federal, state and municipal rules, regulations, ordinances and laws, including but not limited to the impact fees, subdivision rules and regulations, zoning, landscape standards and the construction sections of the Code of the City of Corpus Christi, and require its officers, agents, employees, members, contractors and suppliers to observe and obey the same. Signage shall comply with CITY ordinances. JUNIOR LEAGUE agrees to obtain, from all governmental authorities having jurisdiction, all licenses, certificates and permits necessary for the conduct of its operations and to keep them current. 8. DEFAULT If at any time during the term of this Agreement, JUNIOR LEAGUE shall fail to commence the work in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in substantial accordance with the provisions of this Agreement, or fail to use an adequate number or quality of personnel or equipment to complete the work or fail to perform any of its obligations under this Agreement, then CITY shall have the right, if JUNIOR LEAGUE shall not cure any default after thirty (30) days written notice thereof, to terminate this Agreement and may complete the work in any manner it deems desirable, including engaging the services of other parties therefor. This act by CITY shall not be deemed a waiver of any other right or remedy of CITY. 9. INDEPENDENT CONTRACTOR JUNIOR LEAGUE covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of CITY; that JUNIOR LEAGUE shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, members, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and JUNIOR LEAGUE, its officers, agents, employees, members, contractors, subcontractors and consultants and nothing herein —138— 4 shall be construed as creating a partnership or joint enterprise between CITY and JUNIOR LEAGUE. Additionally, JUNIOR LEAGUE covenants and agrees that the employees and volunteers of JUNIOR LEAGUE participating in the construction of the Improvements, or participating in any other activity arising under or related to this Agreement, are solely employees and volunteers of JUNIOR LEAGUE and they are not employees or volunteers of CITY and they are not under the control, supervision or administration of CITY and they agree to hold the City harmless for any injury, damage or claim they may sustain while participating in the Improvements construction process. 10. SUCCESSORS AND ASSIGNS CITY and JUNIOR LEAGUE shall bind themselves, their successors, executors, administrators and assigns to the other party to this Agreement. Neither CITY nor JUNIOR LEAGUE will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. 11. NOTICES Unless CITY designates otherwise in writing, all written communications to CITY pursuant to this Agreement shall be sent to CITY at: Margie Rose Assistant City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 Unless JUNIOR LEAGUE designates otherwise in writing, all written communications to JUNIOR LEAGUE pursuant to this Agreement shall be sent to JUNIOR LEAGUE at: The Junior League of Corpus Christi, Inc. President 4050 Weber Corpus Christi, Texas 78411 —139— 5 IN WITHESS WHEREOF, each of the parties has caused this Agreement to be executed in its name and on its behalf as of the day and date first above written. THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. By: Amy Brown, President CITY OF CORPUS CHRISTI, TEXAS By: Angel Escobar, City Manager ATTEST: Armando Chapa, City Secretary APPROVED AS TO FORM ONLY: Lisa Aguilar, City Attorney State of Texas County of Nueces BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Amy Brown, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for and as the act and deed of THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. and as President thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of January, 2010. Notary Public In and For the State of Texas State of Texas County of Nueces BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Angel Escobar, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of THE CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, and as City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of January, 2010. Notary Public In and For the State of Texas —141— 7 EXHIBIT A JUNIOR LEAGUE OF CORPUS CHRISTI, INC. ANTONIO E. GARCIA PARK IMPROVEMENTS BUDGET 2009/2010 Junior League of Corpus Christi 2009/2010 Playground Pals budget Earl C. Sams Foundation Grant Coastal Bend Diabetes Initiative Grant $20,000.00* $5,000.00 $10,000.00 Total Budget $35,000.00 COST AND DESCRIPTION OF IMPROVEMENTS Playground / Fitness Equipment Walking Track The walking track will be 6 feet wide and four inches thick with crushed concrete over a geo grid or geo mat with a plastic edge barrier. Soil will be pre - treated for weeds. Outdoor Classroom (Donated) Landscaping (Donated) $24,984.21 $ 5,000.00 ($ 2,000.00 value) ($ 8,000.00 value) Total cost of Improvements $29,984.21 *$10,000 of this $20,000 currently has been approved and the other $10,000 is pending anticipated approval by the Junior League Membership on January 22, 2010. EXHIBIT B INSURANCE REQUIREMENTS JUNIOR LEAGUE and CONTRACTOR'S LIABILITY INSURANCE A. JUNIOR LEAGUE and its Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the CITY's Risk Manager or designee. JUNIOR LEAGUE and its Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. JUNIOR LEAGUE and its Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. CITY must be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- renewal, material change or termination required on all certificates and policies Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors - Volunteers $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- OWNED, NON -OWNED or RENTED $500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKER; COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $100,000/ $100,000/ $100,000 C. In the event of accidents of any kind, JUNIOR LEAGUE and its Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. —143— 9 II. ADDITIONAL REQUIREMENTS A. JUNIOR LEAGUE and its Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. JUNIOR LEAGUE's and its Contractor's financial integrity are of interest to CITY; therefore, subject to JUNIOR LEAGUE's and its Contractor's right to maintain reasonable deductibles in such amounts as are approved by CITY, JUNIOR LEAGUE and its Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at JUNIOR LEAGUE's and its Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. CITY shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). JUNIOR LEAGUE and its Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change. JUNIOR LEAGUE and its Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to CITY at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. JUNIOR LEAGUE and its Contractor agree that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name CITY and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to CITY of Corpus Christi where CITY is an additional insured shown on the policy; —144— 10 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and • Provide thirty (30) calendar days advance written notice directly to CITY of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, JUNIOR LEAGUE and its Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend JUNIOR LEAGUE's and its Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies CITY may have upon JUNIOR LEAGUE's or its Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order JUNIOR LEAGUE or its Contractor to stop work hereunder, and /or withhold any payment(s) which become due to Contractor hereunder until JUNIOR LEAGUE or its Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which JUNIOR LEAGUE and its Contractor may be held responsible for payments of damages to persons or property resulting from JUNIOR LEAGUE' s or its Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that JUNIOR LEAGUE's and its Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. —145— 11 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 26. 2010 AGENDA ITEM: Resolution approving the inclusion of The Gardens at Cole Park in the Cole Park Site Plan. ISSUE: The Flint Hills Resources Community Action Council (FHRCAC) Environment Committee, the Beautify Corpus Christi Association (BCCA) and their partners propose the construction of demonstration and educational gardens in Cole Park. The project, named The Gardens at Cole Park, is designed to incorporate Xeriscape and EarthKind principles in effort to demonstrate the beauty and heartiness of coastal plants while adding color to the City's signature park. The committee will be responsible for the total cost of designing and constructing the Gardens, as well as coordinating volunteer and partner efforts to establish and maintain the beds. The project was presented to the Parks and Recreation Advisory Committee (PRAC) on November 11, 2009. After lengthy discussion, PRAC approved the request to amend the Cole Park Plan to include the Gardens. The project was also presented to the Planning Commission on January 6, 2010. Though the project was not an action item, the Commission offered comments of support for the project and encouraged all parties to move forward. REQUIRED COUNCIL ACTION: Approve a resolution to include the Gardens at Cole Park in the Cole Park Site Plan. PREVIOUS COUNCIL ACTION: Cole Park is designated as one of the district parks in the Corpus Christi Parks, Recreation, and Open Spaces Master Plan approved by Council on November 19, 2002 in Ordinance #025102. The development of a Master Plan for Cole Park was authorized by City Council on November 16, 2004 in Motion 2004 -428, amending the September 18, 2001 contract with Halff & Associates. On September 20, 2005, Jim Carrillo, of Halff & Associates presented the Cole Park Master Plan. Resolution #026473 approved the Cole Park Master Plan. CONCLUSION AND RECOMMENDATION: Staff recommends City Council vote to support the inclusion of The Gardens in the Cole Park Plan Stacie A. Talbert Interim Director of Parks & Recreation staciet @cctexas.com 361- 826 -3476 Attachments: The Gardens at Cole Park project proposal and site plan -149- BACKGROUND INFORMATION The Parks & Recreation Department (PARD) received the proposal for The Gardens at Cole Park on November 5, 2009 with a request to add the item to the Parks & Recreation Advisory Committee's November agenda. On November 11, 2009, Daiquiri Richard of BCCA and chair of the FHRCAC Environment Committee provided a review of the proposed project and requested the Cole Park Master Plan be amended to include the Gardens at Cole Park. James Chrobocinski, President of BCCA and chair of the Pride Committee, along with Michael Potter of AgriLife, Texas A &M Extension Program and Robert Gignac, project architect/designer, assisted with questions from PRAC members and department staff. The proposed project included the development of an EarthKind garden at the main entrance of Cole Park between Kids Place and Ocean Drive. The proposal states the FHRCAC Environment Committee will be responsible for raising funds, designing and building the gardens, and coordinating volunteer and partner efforts to maintain the Gardens once complete. They hope the Gardens will serve as a tool for demonstrating Xeriscape and Earthkind principles to youth and their families, as well as, serve as focal point at the entry of the park. The group asked PRAC to amend the Cole Park Master Plan to include the Gardens. During the presentation PRAC members and PARD staff expressed appreciation for BCCA and FHRCAC's willingness to develop a project of this magnitude. However, PRAC members and PARD staff also expressed concerns about ADA accessibility to the area, viability of plant material, and day -to -day maintenance responsibilities. Ms. Richard indicated that the group would, at its expense, replace any plant material that does not survive and committed to provided regularly scheduled maintenance of the Gardens. The Department will work with the Committee to develop a partnership through the Adopt -a -Park program for on -going maintenance activities. After a lengthy discussion, PRAC passed a motion to amend the Cole Park Master Plan to include the Gardens. A copy of the PRAC minutes regarding this issue is attached for your review (Attachment B). The proposed project was present to the Planning Commission on January 6, 2010 for comments and /or suggestions regarding its inclusion in the development of Cole Park. Though the item was not an action item, the Planning Commission offered comments of support for the project and encouraged all parties to move forward. Working with the Engineering Department, PARD is having access to and irrigation of the Gardens worked into the scope of the 2008 Bond Improvement Project at Cole Park which is currently in the design phase. Cole Park is designated as one of the district parks in the Corpus Christi Parks, Recreation, and Open Spaces Master Plan approved by Council on November 19, 2002 in Ordinance #025102. The development of a Master Plan for Cole Park was authorized by City Council on November 16, 2004 in Motion 2004 -428, amending the September 18, 2001 contract with Halff & Associates. On September 20, 2005, Jim Carrillo, of Halff & Associates presented the Cole Park Master Plan. Resolution #026473 approved the Cole Park Master Plan. (Note: State law and City Charter require Master Plans to be approved by ordinance. The process for approval includes public hearings by the Planning Commission and City Council. Therefore, the Cole Park Master Plan is not a master plan by legal statutes. Staff intends to begin the process for approving the Cole Park and HP Garcia master plans by ordinance later this year). -1 50- Page 1 of 1 RESOLUTION APPROVING THE INCLUSION OF THE GARDENS AT COLE PARK IN THE COLE PARK SITE PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Cole Park Site Plan is amended to include the Gardens at Cole Park, as described on the attached exhibits. SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 20, 2010. Lisa Aggij r, Interim City Attorney Joe Adame Mayor H: \LEG- DIR \Lisa\2010 Resolutions \the Gardens Cole park site pAlcx Corpus Christi, Texas of , 2010 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 OCEAN DRIVE '(I) I-- Z f a < < <3 _ i i ) I 0 az O 0 C H J pt FLINT HILLS gr LIFE EXTENSION Texas A& Mi System d cautr opRpus A S S 0 G 1 .A T 1 O N Corpus Christi u.� Cooperative Extension Program Prairie View A&M University The Gardens at Cole Park Project Proposal Project Overview The Flint Hills Resources Community Action Council (FHRCAC) Environment Committee and its partners are proposing the creation of demonstration and educational Gardens at Cole Park. Our plan includes a three -phase design consisting of gardens, ADA walking paths, kiosks, plant identification, shade trees and gazebo area(s) that incorporate the best practices of Xeriscape and EarthKind principles using drought - tolerant materials and addressing concerns of run -off and conservation. This project will also beautify the City's most visible park. The committee will be responsible for the plant selection process, design approval, volunteer and partner coordination, support of the project at presentations and fund raising as well as overseeing the installation and maintenance of the Gardens at Cole Park. Purpose The Gardens will serve as a tool to demonstrate the beauty and heartiness of salt tolerant coastal plants and showcase the color and variety available in our community while offering an educational opportunity to the public. School children, residents and park visitors will see first -hand the vast array of choices in color, texture and water - conservation that EarthKind plants can offer. The labeling system, informational kiosk and natural beauty will offer an outdoor classroom for educators, tourists and residents to enjoy our key community park and experience the incredible palate of choices in our area. The FHRCAC is particularly concerned with security and maintenance of the gardens. The City Manager has suggested the particular location in the park so we may take advantage of enhanced lighting and security cameras in the designated area. We have an agreement with the Master Gardener program at the Texas A &M AgriLife Extension to facilitate and assume ownership of the Tong -term meticulous care of the gardens. Engaging students in maintaining the gardens is also a key element in our plan. The partners in this effort are committed to the replacement of dead plants and the care of the gardens. It is not our intention to have the Park & Recreation Department take on the maintenance of the gardens as that is not within their budget or scope of work. Community Impact & Site Selection The location and visibility of Cole Park make it an ideal location to demonstrate available plants, properly select them using limited water while offering an outdoor venue for the entire community to enjoy. The Committee is also interested in creating a template that can be duplicated in other areas of the city to reach a greater number of citizens. Our intent is to reach the greatest number of visitors in an open and accessible location. Cole Park offers ADA access and ample parking near the proposed location. We are asking the City to provide —155— the irrigation and water as well as a sidewalk to the garden adjacent to the ADA access near our planned site. Other locations were considered as part of the selection process. An alternate site was reviewed at McCaughan Park and other parks have been discussed for the future gardens we hope to create including sites in the West and North Side areas. The committee compared accessibility, visibility, size, visual impact, number of visitors, parking, lighting, security and multi -use of the potential sites. Our decision of this particular site in Cole Park was determined by weighing each factor and determining that this premier park was the best candidate for this premier garden to be enjoyed by the greatest number of potential visitors with the most attributes of any City park in each category. Partners The FHRCAC is a diverse group of business people, community leaders and activists who volunteer to help make the Coastal Bend a better place to live and work. Approximately 50 strong, the Council represents a variety of organizations and interests. FHRCAC has initiated other successful community programs such as the Early Bird Reader Program, Connection Quest, Nature Tourism Alliance, 2004 Youth Summit and the City Council's Youth Advisory Committee. In addition to the FHRCAC Environmental Committee members, the list of partners is growing. Specifically, we anticipate working closely with the City of Corpus Christi by coordinating the improvements with the City's Master Plan and with staff guidance. The installation of the irrigation system and connecting the Gardens with the existing ADA access will be important elements to the project's success. The Beautify Corpus Christi Association and the Community Pride Board are committed to the fund raising and community support necessary to bring the Gardens to fruition and financially supporting the Master Gardeners maintenance costs. Xeriscape Corpus Christi will serve as technical support and teachers will use the Gardens to educate the community about appropriate plants in our coastal environment. We envision student tours as well as student volunteers involved in the process and maintenance. Local nurseries and others will provide donated materials including plants, soil enhancements, hard scape materials and financial support. Maintenance, Security and Long -Term Assurances The City will not be responsible for costs to build, maintain or replant the Gardens. The Texas A &M AgriLife Extension and Nueces County Master Gardeners, under Michael Potter's supervision, will care for the Gardens including replacing damaged or dead plant materials, monitoring the success of the Garden and adjusting as necessary; in addition to caring for the beds as needed on a regular schedule. Their plans include coordinating with volunteer groups to do the maintenance necessary for a successful Tong -term Garden. It is our belief that by empowering the community in our process and giving them ownership of the Gardens, we can foster community pride in this project and protect against vandalism or theft of the plant material. However, we are aware that these are potential issues that we will have to address in our maintenance plans. Security cameras are included in our plans and can easily be added to the existing cameras installed near the skatepark and amphitheater. Enhanced lighting of the selected area is part of the City's park improvement plans. In addition, the partners are committed to return the area to its original state at the end of its useful life. We are prepared to enter into a Use Agreement and /or Memorandum of Understanding as deemed necessary by the parties involved in the Gardens at Cole Park. —156— Time Line & Budget The Gardens will compliment the planned facility enhancements that the citizens approved for Cole Park in the 2004 Bond Election. We anticipate the design, approval and budget process will take 4 -5 months, through January 2010. Local landscape architect, Robert Gignac, will complete a generic Garden plan to be presented for approval to the Park & Recreation Advisory Committee (PRAC) on November 11, 2009. Mr. Gignac is also designing the replacement irrigation for the 43 acre park for the City as part of the bond improvements. This preliminary plan is presented for PRAC approval to allow the garden concept to be added to the Master Plan for Cole Park. Our expected budget for Phase I, the initial Garden, is estimated at approximately $75,000- $90,000. The second Phase, the 20 foot gazebo (or combination of small gazebos) is budgeted at $35,000 - $50,000 depending on ADA requirements. The gazebo concept is designed to mirror the Miradors on the Seawall and potentially be duplicated throughout park areas located along Ocean Drive to the University. Texas A &M — Corpus Christi is currently installing 12 similar gazebos and gazebo clusters with a memorial garden and seating on the campus that were donated by Dusty Durrill. Following the PRAC meeting, we will present the plan to the Planning Commission for approval and then to City Council in December 2009 or January 2010. Fund raising will begin with an event hosted by Beautify Corpus Christi on February 26, 2010 and fund raising will continue for approximately 12 months. Groundbreaking is expected in early 2011 in conjunction with the City's improvements. The final phase, Phase III, will incorporate the best practices from Phase I to enhance the north side of the selected Garden area and further compliment the planned gazebo(s). We greatly appreciate your thoughtful consideration of our plans for Cole Park and anticipate a favorable response. Our committee is prepared to answer any questions you may have about the proposed Garden. Respectfully submitted, The Gardens at Cole Park Partners 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 26, 2010 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding to supplement or replace Hotel Occupancy Tax funding with the following organizations: Corpus Christi Symphony, Antonio E. Garcia Arts & Education Center, Texas Jazz Festival, Arts Community Center, Institute de Culture Hispanica, South Texas Botanical Gardens & Nature Center, Harbor Playhouse, and Texas State Museum of Asian Cultures. ISSUE: In November, 2009 the Mayor, City Manager and staff met with the Art groups that currently receive Hotel Occupancy Tax (HOT) Funds. The purpose of meeting with the Art Community was to provide them a status of the HOT fund. Additionally, they were informed that they should consider other funding opportunities. As a result, this group, known as the Arts and Culture Alliance, which consists of nine (9) arts and culture organizations, agreed to meet and eventually created this Memorandum of Understanding for Council's consideration. REQUIRED COUNCIL ACTION: Council action is required to execute a Memorandum of Understanding. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends the approval of a Memorandum of Understanding with the Arts and Culture Alliance to supplement or replace the Hotel Occupancy Tax Funding. Stacie Talbert Interim Parks and Recreation Director staciet(cctexas.com 361.826.3476.1 C IQVQ.0 Margie C. Rose Assistant City Manager margier(aicctexas.com 361.826.3232 BACKGROUND INFORMATION During the 2009 -2010 Budget Process, Staff recommended the reduction of funding for Arts and Culture. After being informed about the proposed reduction of funding, members of the Arts and Culture community appeared before Council during the June 30, 2009 Council Meeting requesting the restoration of the Arts funding for the 2009 -2010 fiscal. As a result of the concern from the Arts community, Staff recommended alternative funding to restore the Arts funding for the 2009 -2010 fiscal. During the Public Comment section of the June 30, 2009 Council Meeting, Mayor and Council suggested that an Arts Task Group be established to come up with a plan to address the Arts funding issue. In October 2009, the Mayor requested that Staff arrange a meeting with the Arts community to discuss other funding opportunities. Two meetings were scheduled with the Arts community by the Mayor and Staff. One meeting was with the Art Museum of South Texas and the other meeting was with nine (9) remaining Art groups. On Monday, November 9, 2009, the Mayor, City Manager and Staff met with the nine (9) Art groups, whereby the Art group representatives were informed about the status of the HOT fund. This group was also informed that they should consider other funding opportunities. The nine (9) Art group members consist of the following: 1. Asian Cultures Museum 2. Botanical Gardens 3. Harbor Playhouse 4. Center for the Hispanic Arts 5. Institute de Cultura Hispanica 6. Arts Community Center 7. Corpus Christi Symphony 8. Texas Jazz Festival 9. Arts & Cultural Commission The nine (9) Art group representatives agreed to have a follow -up meeting on November 30, 2009 to consider other funding opportunities. During the November 30, 2009 meeting the group of nine (9) agreed to call themselves the Alternative Arts Funding Task Group (AAFTG). During the AAFTG meeting on November 30, 2009, Staff was requested to provide additional information regarding several funding opportunities during their December 21, 2009 meeting. During the December 21, 2009 meeting, the AAFTG named Heidi Hovda as the Chairperson for the group. Ms. Hovda represents the Arts and Cultural Commission. Staff provided information to the group regarding the funding suggestions that were discussed during the previous meeting. —162— The AAFTG developed a draft Memorandum of Understanding (MOU) outlining the funding opportunities they would like to pursue along with other key areas that need to be included in the MOU. During their December 29, 2009 meeting, the AAFTG changed the name of the group to the Arts and Culture Alliance. Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING TO SUPPLEMENT OR REPLACE HOTEL OCCUPANCY TAX FUNDING FOR THE FOLLOWING ORGANIZATIONS: ARTS AND CULTURAL COMMISSION, CORPUS CHRISTI SYMPHONY, ANTONIO E. GARCIA ARTS & EDUCATION CENTER, TEXAS JAZZ FESTIVAL ,ARTS COMMUNITY CENTER, INSTITUTO DE CULTURA HISPANICA, SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER, HARBOR PLAYHOUSE, TEXAS STATE MUSEUM OF ASIAN CULTURES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a Memorandum of Understanding to supplement or replace Hotel Occupancy Tax funding for the following organizations: Arts and Cultural Commission, Corpus Christi Symphony, Antonio E. Garcia Arts & Education Center, Texas Jazz Festival, Arts Community Center, Institute de Cultura Hispanica, South Texas Botanical Gardens & Nature Center, Harbor Playhouse, Texas State Museum of Asian Cultures. A copy of the MOU is attached and will be filed in the City Secretary's Office. SECTION 2. The Arts and Cultural Commission Chair is authorized to execute the Memorandum of Understanding on behalf of the Arts and Cultural Commission. SECTION 3. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 19, 2010. Lisa Aguilar. terim City Attorney Joe Adame Mayor Page 1 of 6 Memorandum of Understanding Whereas, the Hotel Occupancy Tax ( "HOT ") funds are not projected to be available for the City FY 2010 -2011 Budget as previously funded through the annual budget process; Whereas, the City HOT funds previously funded the nine arts and culture groups which are a party to this MOU, who are now referred to as the "Arts and Culture Alliance "; Whereas, the Arts and Culture Alliance members have come together to make good faith effort to supplement and/ or replace the City HOT funds, Now, therefore, the parties to the MOU agree as follows: Section 1. Purpose of this MOU. The purpose of this MOU is to identify responsibilities and roles between the City and the groups specified herein in Section 8 which have been previously funded with HOT funds. The group of nine recipients identified in Section 8 shall be referred to as the "Arts and Culture Alliance ". Section 2. Responsibilities of previously HOT- funded orffanizations. a. To develop and implement programs to secure funding to supplement and/or replace the previously provided HOT funds. b. To promote the funding programs. c. To generate fund raising efforts. d. To oversee distribution of funds. e. To determine and approve any new members or participants after the initial three year term. f. To provide annual report to City Council. Section 3. Responsibilities of City. a. To serve as fiscal agent for the funds collected under this MOU. b. To schedule utility bill for at least one annual insert, with month(s) to be agreed to by all parties. c. To issue checks to the participants to this MOU to remit monies received each month. The City shall issue such check to the participants by the second Friday of the month following the month the funds were received. Once the Alliance has established status as a 501(c)(3) organization, the City shall then issue one check to the Alliance, and the Alliance shall be responsible to distribute the share of funds to the participants to this MOU. To provide City liaison to the Arts and Culture Alliance. H: \LEG- DIR\Lisa\2010 Park \HOT MOU 1 -8 -2010 clean.i% 5_ Page 2 of 6 Section 4. Fund-raising efforts. The participants to this MOU have identified the following fund raising efforts: a. City will include a residential utility bill insert regarding funding for the arts in the March 2010 utility bill mailout. Insert to be designed by the organizations which are a party to this MOU. Costs of the insert (including cost to ship inserts to City utility bill distribution center) are to be paid by the organizations which are specified in Section 8, with each group portion of costs equal to the percentage amount identified in Column C, Section 9 below. b. The Arts and Culture Alliance shall inform the City Manager about additional funding opportunities to supplement or replace the previously provided HOT funds prior to implementation. All marketing efforts that mention City of Corpus Christi must be pre- approved by the City Director of Public Information Office. Section 5. Application of City HOT funds. Participation in this MOU does not prohibit a group from submitting a separate request to the City for City HOT funding. However, City in its sole discretion shall determine whether such funding is available for the requested budget year. Section 6. Term. This MOU will continue for three (3) year(s) beginning on date of execution by City Manager. Thereafter, this MOU may be extended for additional year upon mutual written agreement of the parties. Section 7. Maintenance of arts funding Monies collected from City utility customers to fund the arts will be kept by the City in a separate general ledger account and may only be disbursed as provided in this agreement. Section 8. Parties receiving funding under this MOU. The following entities are parties receiving funding under this MOU, effective upon execution by their respective Executive Directors: 1. Texas State Museum of Asian Cultures and Education Center 2. Botanical Gardens 3. Harbor Playhouse 4. Texas A &M University- Corpus Christi, Antonio E. Garcia Arts & Education Center (formerly known as Center for the Hispanic Arts) 5. Instituto de Cultura Hispanica 6. Arts Community Center (d /b /a the Art Center of Corpus Christi) 7. Corpus Christi Symphony H:\LEG- DIR\Lisa\2010 Park \HOT MOU 1 -8 -2010 c l e a n _ d l c 6 6 _ Page 3 of 6 8. Texas Jazz Festival 9. Arts & Cultural Commission Section 9. Disbursement of Arts funding. By the second Friday of each month, the City will transfer monies received in the prior month under this MOU to the groups, in following percent amounts as reflected in column C below: Name Column A Column B Column C Texas State Museum of 30,000 30,000/$260,236 11.53% Asian Cultures and Education Center Botanical Gardens 20,000 20,000/$260,236 7.68% Harbor Playhouse 31,736 31,736/$260,236 12.20% Texas A &M University - Corpus Christi, Antonio E. 15,000 15,0005260,236 5.76% Garcia Arts & Education Center Instituto de Cultura Hispanica 20,000 20,000/$260,236 7.69% Art Center of Corpus Christi 30,000 30,000/$260,236 11.53% Corpus Christi Symphony 12,000 12,000/$260,236 4.61% Texas Jazz Festival 10,000 10,000/$260,236 3.84% Arts & Cultural Commission 91,500 91,500/$260,236 35.16% Total $260,236 100% Section 10 . Addition or deletion of MOU participants. After the initial three (3) year term of this MOU, the groups listed in Section 8 above shall have jointly determined eligibility requirements for new participants. Section 11. Responsibility of individual MOU participants to the Arts and Culture Alliance. Each participant to this MOU shall: 1. Share expenses as well as proceeds received under this MOU. Each participant listed in Section 8 above shall share in the expenses in amount equal to the percentage amount identified in Column C, Section 9 above. 2. Provide seed funds for marketing. 3. Actively participate in marketing efforts, such as by contributing mailing lists and providing H: \LEG- DIR \Lisa\2010 Park \HOT MOU 1 -8 -2010 cleapAct 7_ Page 4 of 6 volunteers. 4. Positively promote the Arts and Culture Alliance. Section 12. Timeline for completion - Deadline to respond. Each organization must provide the City Manager by January 15, 2010 with 10 originals of this MOU, executed by an authorized representative of each organization, to indicate the organization's agreement to participate in this MOU. Section 13. Surplus FundinR. For each year of this agreement, once the participating groups have received their funding to the same levels as provided by the City in FY 2009 -2010 identified in Column A above Section 9 , then the surplus funds shall be disbursed or reserved as agreed by majority of the participants to this MOU. Section 14. Marketing responsibilities. . City will provide available marketing resources (in -kind) on case by case project basis. Section 15. Use of the funding provided under this MOU. Each party to this MOU shall utilize the funding provided under this MOU as follows: in accordance with each respective organization's approved budget for operational and program expenses that benefit local community and enhance quality of life. However, the funding provided under this MOU shall not go towards repayment of loans. Each organization shall submit their annual budget to the Arts and Culture Alliance and City Council. Should City Manager determine that a participant to the MOU has failed to comply with the requirements regarding use of funds, the funds must be repaid to the Alliance. Section 16. Amendment This Agreement may be amended only upon signature of an authorized representative for each ply. Section 17. Termination After the initial year of this MOU, a participant may terminate by submitting written notice to the Chairperson of the Arts and Culture Alliance and the City Manager. All disbursement percentages shall be refigured to remove the terminating entity's funds identified in Section 9 Column C above from the total funds to be collected. Once an entity terminates from this MOU, they are not eligible to rejoin during the initial three year term. H: \LEG- DIR\Lisa\2010 Park\HOT MOU 1 -8 -2010 clean If _ Page 5 of 6 Agreed to by: City of Corpus Christi By: 'Angel R. Escobar, City Manager Date: Texas State Museum of Asian Cultures By: Name: Title: Date: South Texas Botanical Gardens & Nature Center By: Name: Title Date: Harbor Playhouse By: Name: Title: Date: Texas A &M University - Corpus Christi, Antonio E. Garcia Arts & Education Center By: Name: Title: Date: Instituto de Cultura Hispanica By: Name: Title: Date: Arts Community Center By: Name: Title: Date: Corpus Christi Symphony By: Name: Title: Date: H: \LEG- DIR \Lisa\2010 Park \HOT MOU 1 -8 -2010 clean4 c6 9— Page 6 of 6 Texas Jazz Festival By: Name: Title: Date: Arts and Cultural Commission By: Name: Title: Date: H: \LEG- DIR\Lisa\2010 Park \HOT MOU 1 -8 -2010 clean.dio7 0 _