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HomeMy WebLinkAboutAgenda Packet City Council - 05/25/2010May, 25, 201.0 4 2.11 g a, rprox 0,2 wpm MCA MIIM. ..wiimiglall Mai 11:45 A.M. - Proclamation declaring the week of May 23 -29, 2010 as "Hurricane Awareness Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 25, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es 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 Reverend Anthony Washington, The Lord is Peace Worship Center. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Larry Elizondo, Sr. Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 25, 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 May 18, 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. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving a service agreement with Office Communications Systems, Inc., d.b.a. Toshiba Business Solutions for the lease of copiers in accordance with Request for Proposal Number BI- 0208 -09 for approximately $663,130.12, of which $21,118.24 is required in FY 2009 -2010. The term of the service agreement will be for thirty -six months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Copiers will be replaced in City Hall and in the Development Services, Municipal Court, Police, Fire, Agenda Regular Council Meeting May 25, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Animal Control, Parks & Recreation, Gas, Stormwater, Water, Health, General Services, Solid Waste, Wastewater and Engineering Departments. Funds are budgeted and available in the Stores Fund and in the Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation, Gas, Stormwater, Water, Health, General Services, Solid Waste, Wastewater and Engineering Departments for FY 2009 -2010 and will be requested for subsequent fiscal years. (Attachment # 2) 3. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $150,747.24 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. (Attachment # 3) 4. 5. a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 4) b. Ordinance appropriating $20,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. (Attachment # 4) a. Resolution ratifying the acceptance of a Regional Local Services System /Social Services Block Grant from the Texas Department of State Health Services in the amount of $52,000 to provide essential public health services beginning April 1, 2010; and authorizing the City Manager or his designee to execute all necessary and related documents to implement this grant. (Attachment # 5) Agenda Regular Council Meeting May 25, 2010 Page 4 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $52,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachment # 5) a. Resolution ratifying the acceptance of the 2009 Continuum of Care ( "COC ") grant from the U. S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC grant terms as follows: (1) $134,971 for Wesley Community Center, and (2) $160,255 for Corpus Christi Metro Ministries, for homeless supportive program renewal projects and activities; authorizing the City Manager or his designee to implement the COC grant and to execute all necessary and related documents. (Attachment # 6) b. Ordinance appropriating a grant of $295,226 from the U. S. Department of Housing and Urban Development for the 2009 Continuum of Care grant program in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewals. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $151,000, for design, bidding, and construction phase services and additional services for Traffic Signals (New and Synchronized). (BOND ISSUE 2004) (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute an environmental consulting services contract with Weston Solutions, Inc., of Corpus Christi, Texas in the amount of $299,000 for Brownfields Hazardous Substances and Petroleum Assessments. (Attachment # 8) I. EXECUTIVE SESSIONS: 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 Agenda Regular Council Meeting May 25, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 9. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 10. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 11. Motion authorizing the City Manager, or his designee, to execute a construction contract with Holloman Corporation of Converse, Texas, in the amount of $1,675,381 for Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) Project. (CIP FY 2010) (Attachment # 11) 12. a. Motion authorizing the City Manager or his designee to execute construction agreements for a cost not to exceed $6,500 per unit, excluding health and safety expenses, with B & J Services and Accurate Assessment, LLC for the implementation of the Weatherization Assistance Program. (Attachment # 12) b. Motion authorizing the City Manager or his designee to execute an assessor agreement for a cost not to exceed $250 per unit with TX Power Conservation for the assessments of housing units, including multi- family and single family units for the implementation of the Weatherization Assistance Program. (Attachment # 12) Agenda Regular Council Meeting May 25, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. First Reading Ordinance - Naming the approximately 91.70 acres of park land located near the intersection of Airport Road at Home Road, the Manuel Q. Salinas Park. (Attachment # 13) 14. a. Resolution rescinding Resolution No. 028497 which established City's intention to reimburse itself from proceeds of obligation for authorized purposes related to demolition of Memorial Coliseum. (Attachment # 14) b. Ordinance rescinding Ordinance No. 028498 which advanced up to $2,000,000 from the No. 1020 General Fund and appropriated into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to Memorial Coliseum demolition. (Attachment # 14) c. Ordinance appropriating $903,000 from the Unreserved Fund Balance in the General Fund No. 1020 for the demolition of the Memorial Coliseum; changing the FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $903,000. (Attachment # 14) L. SPECIAL BUDGET PRESENTATION: Public comment will not be solicited on Presentation items. 15. Proposed FY 2010 -2011 Operating Budget: General Overview (Attachment # 15) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting May 25, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 91,5 p.m., on May 20, 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MAY 25, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following correction, additions, and withdrawal of items to the agenda of the City Council to be considered at the above meeting: Addition to the Agenda 11:45 a.m. Recognition of John Paul II High School Centurions Baseball Team; "2010 4A TAPPS State Championship" K. REGULAR AGENDA Item No. 12 a & b is being corrected and reposted as follows: 12. Motion authorizing the City Manager or his designee to execute construction agreements for a cost not to exceed $6,500 per unit, excluding health and safety expenses, with B & J Services and Accurate Assessment, LLC for the implementation of the Weatherization Assistance Program. (Attachment # 12) ~nSCi }nano Drnnrr+m /~~~ar`hmon+ ~ 'I'll Item No. 13 is being withdrawn from the agenda: (1 Cr+lin~+ D~+rlr /~~~~nhmon~ $ '1'Zl Addition to the Agenda: PRESENTATION: 15.1 Report on City's Red Light Camera Program. INDEXED POSTING STATEMENT: This supplemental agenda was posted on the City's official bulle ~ board at the front entrance to City Hall, 1201 Leopard Street, at ~ a.m. .m. May 21 , 2010. /~ I1/~Cl ~ V ~ F~ ~J Armando Chapa City Secretary City Council Goals 2009 - 2011 WATER t IEEE RI Dg 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 May 18, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tern Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Ernest Phillips, PhD with Unity by the Sea and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 May 11, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 6). There were no comments from the public. Council Member Martinez requested that Item 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2010 -107 Motion approving a supply agreement with HD Supply Water Works, of Corpus Christi, Texas for pipe repair clamps in accordance with Bid Invitation No. BI- 0096 -10 based on low bid for an estimated twelve -month expenditure of $302,515.42, of which $75,628.86 is required for the remainder of FY 2010. The term of the supply agreement will be for twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and City Manager or his designee. Funds are available in the Water, Wastewater, and Park and Recreation department operations budgets in FY 2009- 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3. MOTION NO. 2010 -108 Motion approving authorized list of financial underwriters. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —1— Minutes — Regular Council Meeting May 18, 2010 — Page 2 4. MOTION NO. 2010 -109 Motion authorizing the City Manager or his designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee, in the amount of $447,000 for the Oso Water Reclamation Plant Lift Station Pump Replacement project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. ORDINANCE NO. 028605 Granting approval to AEP Texas Central Company, for the partial assignment of its franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. (First Reading — 05/11 /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 ". Mayor Adame opened discussion on Item 5 regarding the development of L & F Subdivision Lot 1. Council Member Martinez asked questions regarding the affects this item will have on the trust funds and when the trust funds would be presented for Council consideration. Assistant City Manager Johnny Perales explained that the water trust funds were doing well and there were plenty of funds to support this project. Mr. Perales added that there is currently an extensive demand on the wastewater funds. Mr. Perales stated that staff will be presenting an ordinance within the next two months regarding the modification of the trust funds. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2010 -110 Motion authorizing the City Manager to execute a Deferment Agreement with N.M. Edificios, LLC, (Developer), in the amount of $714,634.80 for public improvements including construction of water and wastewater improvements for L & F Subdivision, Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, in accordance with the Platting Ordinance Section V— Required Improvements, Subsection A. 3. b), contingent upon receipt of a Letter of Credit approved by the City. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. MOTION NO. 2010 -111 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, developer of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 10 -inch collection line, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —2— Minutes — Regular Council Meeting May 18, 2010 — Page 3 5.c. MOTION NO. 2010 -112 Motion approving the Water Grid Main Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, deveieper of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 12 -inch grid main line, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.d. ORDINANCE NO. 028604 follows: Ordinance appropriating $296,483.86 from the No. 4030 WaterArterial Transmission & Grid Main Trust Fund to reimburse N.M. Edificios, LLC, for the extension of an 12 -inch grid main line, including all related appurtenances for development of L & F Subdivision Lot 1, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. 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 announced the executive sessions, which were listed on the agenda as 7. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 8. Executive Session under Texas Government Code Section 551.071 regarding Friends ofthe Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. 9. Executive session under Texas Government Code Section 551.071 regarding Cause No. C 09 -185, Andres Villasana et al vs. City of Corpus Christi et al, in the United States District Court for the Southern District of Texas, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. City Secretary Chapa advised the public that the executive sessions held regarding Items 7 and 8 were informational only and that no action was taken or will be taken in open session. The following motion was passed with the following vote: 9. MOTION NO. 2010 -113 Motion authorizing the City Manager to employ the law firm of McKibben, Woosley & Villarreal, L.L.P. to provide legal representation to the City, and to employ the law firm of Canales & Simonson, to provide legal representation to the City police officers, in Cause No. 09 -cv -185, Andres Villasana et al v. City of Corpus Christi et al; at an hourly rate not exceeding $200, subject to certification of funds. —3— Minutes — Regular Council Meeting May 18, 2010 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * ** Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0410 -01, Mitchell Vicha and Courtney Urban Vicha: A change of zoning from "F- R" Farm -Rural District to "RE" Residential Estate District resulting in a change of land use from Vacant Agriculture use to Single Family Residential Estate use on property described as a 3.0 acre property out of the Flour Bluff and Encinal Farm and Gardens Tract, Section 52, Lots 32 and 33, generally located southeast of Waldron Road, at 4121 Waldron Road. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial photograph; zoning map; existing land use map; "F -R" and "RE" allowable uses; views of the subject property; future land use map; and department comments. Ms. Macon stated that the Planning Commission and staff recommended approval of the "RE" Residential Estate District. No one appeared in opposition to the zoning change. 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: 10. ORDINANCE NO. 028606 Amending the Zoning Ordinance, upon application by Mitchell Vicha and Courtney Urban Vicha, by changing the Zoning Map in reference to 3.0 acres out of the Flour Bluff and Encinal Farm and Gardens Tract Lots 32 and 33, Section 52, from "F -R" Farm -Rural District to "RE" Residential Estate 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 ". 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. 0410 -02, Raju Bhagat: A change of zoning from "1 -2" Light Industrial District to "B- 4" General Business District resulting in a change of land use from Vacant Light - Industrial use to General Business use to build a 39,000 square foot Holiday Inn Express on property described as 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37 (IH -37), at 929 N. Navigation Boulevard. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial photo; the zoning map; existing land use map; "1 -2" and "B-4" allowable uses; views of the subject property; and the future land use map. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. —4— Minutes — Regular Council Meeting May 18, 2010 — Page 5 Mayor Adame called for comments from the audience. Gosha Bhagat, representative for the applicant, asked the Council to consider the zoning change to "B -4 ". Mayor Adame announced that he would be abstaining on the vote for this item. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028607 Amending the Zoning Ordinance, upon application by Raju Bhagat, by changing the Zoning Map in reference to 1.93 acres out of Whelan Tract Unit 4 Block 1, Lot 1, from "1 -2" Light - Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame abstained. * * * * * * * * * * * ** Mayor Adame referred to Item 12 regarding the Corpus Christi Convention and Visitors Bureau Quarterly Report. Keith Arnold, CEO /President of the CVB, referred to a powerpoint presentation including the mission statement; occupancy and average daily rate statistics; hotel collections; economic impact cycle; spring break overview; nature tourism initiative update; convention sales; the visitor information kiosks; social media and database management; search engine marketing and optimization; communications; examples of media advertising; and the Most Value Partner (MVP) Program. Mr. Arnold introduced board members in attendance including Mark Schaberg, Jyoti Patel, John Trice, and Bill Morgan. The following topics pertaining to this item were discussed: the state statistics for occupancy; the "Convention and Tourism Week" activities; and ecotourism. Mayor Adame referred to Item 13 regarding the Crime Control and Prevention District quarterly report. Susie Luna Saldana, Chair of the Crime Control and Prevention District Board, thanked the Council for their appointments to the Crime Control Board. Pat Eldridge, Police Administration Manager, referred to a powerpoint presentation including the continued focus on core programs; the assignment of police officers, an overview of the budget; and the budget calendar. The following topics pertaining to this item were discussed: the continuation of the pawn shop detail; graffiti eradication; and the projected growth of revenue. Mayor Adame referred to Item 14 regarding the Health and Risk Management Claims Report, Year -to -date period ending January 31, 2010. Director of Human Resources Cynthia Garcia referred to a powerpoint presentation including plan enrollment for active and retired employees; total medical and pharmacy expenses by subscriber type; total medical and pharmacy expenses by plan; medical and pharmacy expenses paid; claims by category comparison; cost per employee performance; total costs of expenses and revenues; workers' compensation performance and claims; general liability performance and claims; and the status of City vehicle accidents. -5- Minutes — Regular Council Meeting May 18, 2010 — Page 6 The following topics pertaining to this item were discussed: the total medical and pharmacy expenses for public safety; the total percentage of medical care costs for all plans; the percentage of total claims costs for facility inpatient care; the possibility for making it a requirement for employees to go to primary care physicians prior to a specialist; receiving services and data from Humana; concerns that Humana is nct providing proprietary information to allow the consultant and the City to receive the most accurate information; having Humana representatives and the consultant available for questions during presentations; the costs per employee performance; the major reasons for increased utilization of the plan; the employee committee for insurance issues; the status on the creation of the clinic; whether the City can have a contract with Humana as the third -party administrator and use different networks; the terms for termination of the contract with Humana; ways to reduce utilization of health care; GASB 45; Council's direction to pursue the implementation of a clinic; when staff will provide the Council with information on the clinic and request for proposal (RFP); and whether the Health Department can be used to provide clinic services. Council Member Marez requested that the City Manager immediately draft a letter to Humana requesting that they provide the City's proprietary information as requested by staff. Council Member Scott asked staff to provide an analysis of the costs for utilization and ways to reduce these numbers. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 15 regarding the Charter Amendment Election. City Secretary Chapa explained that this item was brought back at the request of Council Member Kieschnick to discuss the direction to staff to move the election of officers from May to November. Council Member Kieschnick reported that numerous members of the community and representatives of District 1 asked that he reconsider his vote to move the election to November. Mr. Kieschnick stated that after reviewing the data regarding voter turnout; voter fatigue; and the costs associated with a November election, he has determined that a November election is more beneficial allowing larger voter representation and lower costs. Mr. Kieschnick added that voter fatigue should not be a factor; however, he hopes that the voters consider the local issues. Mr. Kieschnick asked that the Council reconsider this item. Council Member Chesney thanked Mr. Kieschnick for requesting that this item be brought back for reconsideration. Mr. Chesney spoke regarding increased voter turnout and the significant cost savings for November of even numbered year elections. Mr. Chesney added that there should not be a concern that the election will become a partisan race. In response to Mr. Chesney, City Secretary Chapa explained that should the Council decided to hold a November even year election, the ballot should include language to allow the extension of the current Council terms or have a transition election in May 2011 with the newly elected Council having a term of one and half years. Mr. Chesney spoke in support of the transition election in May 2011. Council Member Martinez expressed that she would prefer that all city and local issues be in one election; however, she does support the November even year election based on the statistics regarding voter turnout and costs. Council Member Marez spoke in support of a November election based on the larger number of voter turnout. Mr. Marez strongly encouraged the public to support the November election. Mr. Marez also supported the transition election in May 2011. Council Member Scott spoke in opposition of a November election based on the following issues: that other cities in Texas continue to have stand alone elections; the lack of focus on local politics; and the partisan politics. -6- Minutes — Regular Council Meeting May 18, 2010 — Page 7 Council Member Leal spoke in support of a November election and stated that there will not be voter fatigue. Council Member Elizondo stated that he supported a November election due to the cost savings and the election of council members by a larger representation of voters. In response to Mayor Adame, City Secretary Chapa reported that bond elections held during a November election have historically been more successful. Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, encouraged the Council to reconsider placing an amendment requiring a "maximum salary" to council compensation on the ballot. Mr. Chesney made a motion directing staff to take the actions necessary to bring back an ordinance calling the Charter Amendment Election to change City Council election to November of even numbered years and to allow for a transition election in May 2011; and other Council approved propositions. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2010 -114 Motion directing staff to plan for a Charter Amendment Election on November 2, 2010 that would include a charter amendment proposition changing the City Council election date from the second Saturday in May to the November uniform election date of even numbered years and to allow for a transition election in May 2011, with a shortened term of a year and a half, and other Council approved propositions. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott voting "No ". Mayor Adame opened discussion on Item 16 regarding the Bayfront Development Plan, Phase 3. Director of Engineering Services Pete Anaya announced that Items 16 through 18 construction costs have been adjusted to reflect the current bidding environment. Mr. Anaya referred to a powerpoint presentation including a background, project limits, project phases and delivery; project roadway scope; schedule; and costs. The following topics pertaining to this item were discussed: the project scope; delaying the project for the inclusion of Destination Bayfront; the original concept to include relocating the northbound lane of Shoreline back to the water side before the Art Museum; the consideration of shortening the roadwork in front of the Art Center and investing the cost saving in Sherrill Park; the parking lane on Shoreline; the park located north of the Art Center; the timeline to commence construction and completion; the breakdown of administrative and engineering costs; concern that the concept sold to the Council for Phase 3 would be similar to the work performed on Phase 1 and that this concept for roadway work and utilities only was not what was presented to the Council or the voters; and the traffic analysis. Council Member Scott requested that staff have conversations with HDR on whether they would consider shortening the roadwork and take the savings from the road improvements and invest it in Sherrill Park. Council Member Marez asked that staff provide a design outlining the total concept for Phase 3. Council Member Adler directed staff to provide a breakdown of the administrative and engineering costs for this project. —7— Minutes — Regular Council Meeting May 18, 2010 — Page 8 Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the use of abbreviations to explain technical engineering terms; the lane north of the Art Center; and the consideration of four traffic lanes. Mr. Kopecky strongly encourage the Council to consider six lanes. Dorothy Romella spoke in opposition to changing Shoreline and the demolition of Memorial Coliseum. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2010 -115 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $1,126,976.70, for a total re- stated fee of $1,168,976.70 for the Bayfront Development Plan, Phase 3. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez voting "No "; Adame abstained. Mayor Adame opened discussion on Item 17 the Williams Drive Project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation regarding the background; project site; project scope; the existing and proposed road section; phasing descriptions; project delivery; schedule; and costs. The following topics pertaining to this item were discussed: Regional Transportation Authority (RTA) participation for upgrades to RTA bus stops; the drainage improvements; and the hike and bike trails. Council Member Scott recommended providing the hike and bike trail on only one side. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17.a. MOTION NO. 2010 -116 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $974,190, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 1, from Rodd Field to Nile Drive. (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 ". 17.b. MOTION NO. 2010 -117 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Naismith Engineering of Corpus Christi, Texas in the amount of $1,106,174, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 2, from Nile Drive to Airline. (BOND ISSUE 2008) Minutes — Regular Council Meeting May 18, 2010 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 18 regarding the Staples Street Imprcvements. Director of Engineering Pete Anaya referred to a powerpoint presentation including a background; project limits of Phases 1 and 2; engineering and construction scope of services; off site drainage basin study limits; schedule; and costs. The following topics pertaining to this item were discussed: coordinating improvements with the proposed redevelopment of Parkdale Plaza; traffic concerns for the neighborhood; whether both phases could be done simultaneously; the timeline for Phase 2; reversing Phases 1 and 2; and the status of the Wal -Mart project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2010 -118 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,892,273 for design, bid, construction and additional phase services for Staples Street (BOND ISSUE 2008): • Staples Street, Phase 1 from Brawner to Barracuda • Staples Street, Phase 2 from Barracuda to Gollihar The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Hector T. Morales, representative of the Good Government Leadership Council (GGLC), spoke regarding the objectives, mission statement and vision of the group to present important issues of interest for the public. Dr. James Klein, 3501 Monterrey Street, spoke regarding the issue from GGLC regarding changing the City Council meeting to evening hours to allow for more public involvement. Teresa Klein, 3501 Monterrey Street, reiterated the GGLC's focus and spoke in support of the evening Council meetings. Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce, thanked the City for improving the potholes in the community; the graduation of the Leadership Corpus Christi Class (LCCC) on June 3`d; the deadline for applications for the new LCCC class; the State of the State luncheon on May 19th at the Solomon Ortiz Center; and the new park on the north end of Shoreline Drive. Martha Winkler, spoke in opposition to the Memorial Coliseum demolition. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 19 regarding the selection of the underwriters for the certificates of obligation. Interim Director of Financial Services Constance Sanchez explained that this item is for approval of the recommended financial team for the issuance of the certificates of obligations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -9- Minutes — Regular Council Meeting May 18, 2010 — Page 10 19. MOTION NO. 2010 -119 Motion authorizing the appointment of Morgan Keegan & Company, Inc. as Senior Manager; and Loop Capital Markets, LLC as Co- Manager for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Certificates of Obligation, Series 2010, and the City of Corpus Christi, Texas General Improvement Bonds, Series 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 20 regarding the appointment of the financing team for the sale of bonds. Interim Director of Financial Services provided a brief overview of the recommended financial team and underwriters. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2010 -120 Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor; Frost Bank as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as Co- Managers for the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A. 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 opened discussion on Item 21 regarding the Corpus Christi Digital Community Development Corporation ( CCDCDC). Director of Municipal Information Systems (MIS) Michael Armstrong explained that this item is a request for the dissolution of the CCDCDC. Mr. Armstrong explained the duties of the CCDCDC and stated that the purpose of the Corporation no longer exists. Mr. Armstrong reported that this ordinance will direct the CCDCDC to pass a resolution of dissolution that will be filed with the Secretary of State. In response to Council Member Marez, Mr. Armstrong explained that the dissolution of the corporation will not affect the hotspot areas. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028608 Ordinance directing the Board of the Corpus Christi Digital Community Development Corporation to proceed with the dissolution of the Corporation, with said dissolution to be effective on July 31, 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. Minutes — Regular Council Meeting May 18, 2010 — Page 11 Mayor Adarne opened discussion on item 22 regarding the naming of the State School Park. City Manager Escobar announced that this item was withdrawn by staff. 22. WITHDRAWN BY STAFF Mayor Adame opened discussion on Item 23 regarding the City's financial policies. Assistant City Manager Martinez provided a brief overview of the changes in the financial polices, including the inclusion of the zero based budgeting process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 028609 Resolution amending Financial Policies adopted by Resolution No. 028176 and providing financial policy direction on preparation of the FY 2010 -11 Budget. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:34 p.m. on May 18, 2010. * * * * * * * * * * * ** Requested Council Action: 05/18/10 Alternate Date: 05/25/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Office Communications Systems, Inc. d.b.a. Toshiba Business Solutions for the lease of copiers in accordance with Request for Proposal Number BI- 0208 -09 for approximately $663,130.12, of which $21,118.24 is required in FY 09 -10. The term of the service agreement will be for thirty -six months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Copiers will be replaced in City Hall and in the Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation, Gas, Storm Water, Water, Health, General Services, Solid Waste, Wastewater and Engineering Departments. Funds are budgeted and available in the Stores Fund and in the Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation, Gas, Storm Water, Water, Health, General Services, Solid Waste, Wastewater and Engineering Departments for FY 09 -10 and will be requested for subsequent fiscal years. Purpose: Sixty two copiers will be placed in service under this service agreement. One of those, the high- speed, high - volume production color machine in the Print Shop, is an addition that will enhance the Print Shop's in -house capabilities. This will enable the City to produce, in- house, most of the color printing jobs that are currently outsourced, resulting in significant savings. The 61 remaining copiers are replacements. All machines will be configured to copy, scan, network - print, two - and three -hole punch and multi - position staple. Based on the unique needs of individual departments, some will be configured to send and receive faxes and saddle stitch. The system proposed for Development Services will continue its consolidation effort such that printing, copying, scanning and faxing functions will be available on each of their five copiers, thereby continuing to negate the need for multiple stand -alone copiers, printers and fax machines. The lease contains a full maintenance agreement that includes consumable supplies for every machine. The following departments have the following copiers that will be replaced with comparable copiers under the terms of the service agreement recommended herein: Department Black -& -White Copiers Color Copiers City Hall 18* 1 Development Services 3 2 Municipal Court 7 Police 13 Fire 2 Animal Control 1 Parks & Recreation 2 Gas 1 Storm Water 1 1 Water 1 Health 1 General Services 1 Solid Waste 1 Wastewater 4 Engineering 1 2 black -& -white copiers are high- speed, high - volume production copiers located in the basement Print Shop and may be operated in tandem or independent of one another to provide for redundancy in the event one machine is inoperable. —15— Requested Council Action: 05/18/10 Alternate Date: 05/25/10 The Print Shop is responsible for funding and the Purchasing Division for administering the copiers for all departments located in City Hall. Funding and administration of copiers in the Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation, Gas, Storm Water, Water, Health, General Services, Solid Waste, Wastewater and Engineering Departments is the responsibility of each respective department. Award Basis: A request for proposal was issued to thirty two vendors. Four proposals were received. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Pricing and Exceptions. An evaluation team comprised of representatives from the Police Department, Municipal Court and the Purchasing Division reviewed the proposals and scored each according to the criteria above. Office Communications Systems, Inc. d.b.a. Toshiba Business Solutions earned the highest score and is the low -cost provider, thus representing the best value for the City. Price Analysis: Pricing has decreased by approximately 24% from the previous thirty -six month lease agreement. Funding: Funding required for the remainder of FY 09 -10 will total $21,118.24. This is made up of one month's lease payment of $18,343.20 plus $2,775 of upfront cost for the copiers at Development Services. The remaining funds required for this award have been requested in the FY 10 -11 proposed budget and will be requested for future fiscal years during the normal budget cycle. The following list reflects the distribution of funds required to support this award: Stores Fund 50010- 40010 - 530160 Requested Council Action: 05/18/10 Alternate Date: 05/25/10 $6,338.66 5010- 40010- 530230 2,716.57 Development Services Fund 4670 - 11300- 530160 4,552.04 General Fund - Municipal Court 1020 - 10440- 520100 1,055.75 General Fund - Police 1020 - 11700- 530160 177.42 1020 - 11730- 530160 202.83 1020 - 11740- 530160 357.20 1020 - 11750 - 530160 1,450.93 1020 - 11770 - 530160 170.37 1020 - 11790- 530160 170.37 1020 - 11830- 530160 170.37 General Fund - Fire 1020- 11950- 530160 341.37 General Fund - Animal Control 1020 - 12680- 530160 197.20 General Fund - Parks & Recreation 1020- 12900- 530180 300.01 Gas Fund 4130- 34000 - 530160 285.60 Storm Water Fund 4300 - 32030 - 530230 Water Fund 4010- 30200 - 530160 General Fund - Health 1020 - 12630 - 530180 Maintenance Services Fund - General Services 5110- 40170- 530160 General Fund - Solid Waste 1020- 12500 - 530160 Waste Water Fund 4200 - 33000 - 530160 Engineering Services Fund 5310- 11150 - 530180 Michae Barrera Assistant Director of Financial Services 361- 826 -3169 mikeb @cctexas.com 498.84 128.13 180.04 179.95 219.70 1,181.04 243.85 Total: $21,118.24 Total Three -Year Award Amount woos lelol m -0 -0 -0 N • - -a'� 1:).= 2 2 5 N • (1)- a - o o �. m m 0 Qc C o' O 1 C)i C'') 0 0 0 c 0 upelpC uoltenlen3 n X. (D O 3 C 3 CO .- A N CO .A U1 C) •V W O B° TI C. sir -X .6' 0 0 0 0 w 2.3% co P BRASWELL OFFICE SYSTEMS, INC. Corpus Christi, TX 29.1% o ez O %0'0 � e NA 1+ XEROX COPRORATION Waltham, MA 22.1% W O O O (A. ) (p IKON OFFICE SOLUTIONS Corpus Christi, TX 19.2% ao o - 0 0 _' cn 3 3 r- tz N K m`D ^� 0 _ A • o o 3 N Request for Proposal No.: BI- 0208 -09 toeafuoj aeaA -08.1 gl CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/25/2010 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $150,747.24 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services. ISSUE: The purpose of the program is to make improvements to the quality and timely processing of forensic evidence that supports the reduction in the backlog of non -DNA evidence. BACKGROUND INFORMATION: The funds will be used for the purchase of a Laboratory Information Management System or LIMS, installation, and training of personnel. The American Society of Crime Laboratory Directors Laboratory Accreditation Board ASCLD/LAB Legacy Accreditation Manual states that "A laboratory should have a management information system which provides information which assists the laboratory in accomplishing its objectives." The Forensic Services Division of the Corpus Christi Police Department currently does not have a management information system for the collection, manipulation, storage and retrieval of information to determine how efficiently and effectively the laboratory is operating. A LIMS will provide the laboratory management with meaningful statistical data such as caseload distribution, case turn- around time and information which is helpful in budgetary planning and allocation of personnel and resources. Additionally, a LIMS provides the following functionality: • Chain of custody management for evidence submittal and transfer. • Integrated document management system allowing the storage, management and control of all documents associated with the investigation. • Integration of analytical instruments and equipment to speed up data entry and reduce transcription errors. • Automation of processes that improves efficiency by freeing analyst time for valuable analytical and investigatory work. • Full traceability of all data and information generated within the system including full audit trail functionality and support for electronic signatures. • Support for required regulations and accreditation with the ability to record and manage analyst certifications. • Resource planning and scheduling functionality including the ability to look at backlogs and work outstanding to ensure maximum value is gained from valuable laboratory resources. • System security, including support for password definition and management as well as full role definition and control of access to specific functionality. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: No match is required by the City. Grant- funded projects will begin on or after October 1, 2010, and will expire on or before June 30, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. D. Troy Riggs Chief of Police 886 -2603 Trovrpectexas.c m RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $150,747.24 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION (CJD) OF THE GOVERNOR'S OFFICE FOR FUNDING AVAILABLE UNDER THE COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM TO IMPROVE THE QUALITY AND TIMELINESS OF FORENSIC SCIENCE AND MEDICAL EXAMINER SERVICES, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $150,747.24 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services. 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 loss or misuse of these State of Texas, Criminal Justice Division (CJD) 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 (CJD) of the Governor's Office in full. ATTEST: Armando Chapa City Secretary APPROVED: May 12, 2010 By: T. risha Deng Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 4 lb CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/25/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $20,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CLOT) where the Police Department will conduct a two -week occupant protection enforcement effort during the Memorial Day Holiday, May 24 — June 6, 2010. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1,100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2009 CIOT campaign; the State safety belt use average was 91 % with the City of Corpus Christi at 91.1 %. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of previous CLOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT Contract —27— D. Troy Riggs Chief of Police 886 -2603 Tro r ,cctexYs.co rn Texas Traffic Safety eGrants Fiscal Year 2010 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2010- CorpusPD -CIOT -00060 Period: 05/01/2010 to 09/30/2010 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2010. Project Title: Grant Period: This Grant becomes effective on 05/01/2010 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2010 unless terminated or otherwise modified. Total Awarded: $20,000.00 Amount Eligible for Reimbursement: $20,000.00 Match Amount: $0 2010 - CorpusPD -CIOT -00060 Printed Cr : 5/12/2010 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission City of Corpus Christi [Legal Name of Agency] By: [Authorized Signature] By: [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2010 - CorpusPD -CIOT -00060 Printed' '? Ti: 5/12/2010 ORDINANCE APPROPRIATING $20,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 is appropriated from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form May 12, 2010 T. Trisha bang 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 5 AGENDA ITEM: AGENDA MEMORANDUM City Council Action Date: May 25, 2010 ITEM A: RATIFYING THE ACCEPTANCE OF A REGIONAL LOCAL SERVICES SYSTEM/SOCIAL SERVICES BLOCK GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $52,000 TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES BEGINNING APRIL 1, 2010; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE ALL NECESSARY AND RELATED DOCUMENTS TO IMPLEMENT THIS GRANT. ITEM B: APPROPRIATING A GRANT OF $52,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $52,000 to provide funding for the elimination and control of tuberculosis and HIV /STD. The contract provides the Health District with financial assistance for expenses to support services to individuals who have tuberculosis and HIV /STD's. The contract period is from April 1, 2010 through September 30, 2010. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: None FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of public health services. Anne a Rodriguez, M Interim Director of Public Health annetter cctexas.com 3b1-826- 2 ub BACKGROUND INFORMATION This item is a new grant with the Department of State Health Services (DSHS) to provide services to populations affected by Hurricanes Ike and/or Dolly. Activities supported by this funding will be the Tuberculosis (TB) and HIV /STD. The grant provides for contractual, supplies and equipment. The contract period is from 4/1/10 — 9/30/10. The contract does not require matching funds. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010- 034945 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $52,000.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 04/01/2010 and ends on 09/30/2010. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2010- 034945 -001 Regional Local Services System/Social Services Block Grant c. General Provisions (Sub- recipient) d. Solicitation Document(s). N/A e. Contractor's response(s) to the Solicitation Document(s). N/A f. Exhibits A & B attached. Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648 -1 —37— 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Burnette@dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence •roved as to form: ' L"01,) 92648-1 Eimer : th R. U • -y -38- Assi = nt City Attorney For City Attomey A RESOLUTION RATIFYING THE ACCEPTANCE OF A REGIONAL LOCAL SERVICES SYSTEM /SOCIAL SERVICES BLOCK GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $52,000 TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES BEGINNING APRIL 1, 2010; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE ALL NECESSARY AND RELATED DOCUMENTS TO IMPLEMENT THIS GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies the acceptance of a Regional Local Services System /Social Services Block Grant from the Texas Department of State Health Services in the amount of $52,000 to provide essential public health services, beginning April 1, 2010. Additionally, the City Manager or his designee is authorized to execute all necessary and related documents to implement this grant. ATTEST: Armando Chapa City Secretary APPROVED: May 19, 2010 // liza f-th R. Hundle Assis ant City Attorney for the City Attorney Corpus Christi, Texas EHres267 —39— CITY OF CORPUS CHRISTI Joe Adame Mayor 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 EHres267 —40— AN ORDINANCE APPROPRIATING A GRANT OF $52,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $52,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide essential public health services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2010. ATTEST: Armando Chapa City Secretary APPROVED: May 19, 2010 I.' Eliza h R. Hundley Assis . nt City Attorney for the City Attorney EHord301 —41— CITY OF CORPUS CHRISTI Joe Adame Mayor 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord301 —42— 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 25, 2010 AGENDA ITEM: A. A RESOLUTION RATIFYING THE ACCEPTANCE OF THE 2009 CONTINUUM OF CARE ( "COC ") GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND EXECUTION OF THE GRANT FUNDING AGREEMENTS UNDER THE 2009 COC GRANT TERMS AS FOLLOWS: (1) $134,971 FOR WESLEY COMMUNITY CENTER, (2) $160,255 FOR CORPUS CHRISTI METRO MINISTRIES, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO IMPLEMENT THE COC GRANT AND EXECUTE ALL NECESSARY AND RELATED DOCUMENTS. B. AN ORDINANCE APPROPRIATING A GRANT OF $295,226 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2009 CONTINUUM OF CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS; AND DECLARING AN EMERGENCY. ISSUE: Ratifying the acceptance, appropriation and execution of agreements for the 2009 Continuum of Care grant received from the U.S. Department of Housing and Urban Development (HUD). REQUIRED COUNCIL ACTION: Ratifying the acceptance and appropriation in the amount of $295,226, and execution of agreements regarding 2009 Continuum of Care grant funds to Wesley Community Center and Corpus Christi Metro Ministries. PREVIOUS COUNCIL ACTION: On October 27, 2009, the City Council approved a resolution to submit the "HOME 2010" also known as the 2009 Continuum of Care grant application to HUD. FUTURE COUNCIL ACTION: Ratifying the acceptance and appropriation in the amount of $717,498, and execution of agreements regarding the 2009 Continuum of Care grant funds to; The Salvation Army, Goodwill Industries, Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place and Nueces County Mental Health and Mental Retardation. CONCLUSION AND RECOMMENDATION: Ratify and accept the 2009 Continuum of Care Grant funds for Community Planning and Development Programs, appropriate $295,226 for 2009/2010 projects and activities approved by City Council on October 27, 2009, and execute agreements. ddie Ortega Neighborhood Services Director Eddieo @cctexas.com 361.826.3234 BACKGROUND INFORMATION As the Lead Agency of the Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to timetables set forth by the grant application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the Continuum of Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each subrecipient to ensure program compliance and all other responsibilities associated with grant administration. The following is a breakdown of the 2009 Continuum of Care grants funding application. The total below represents the HUD allocation inclusive of the match requirements provided by each recipient. It is estimated that the economic impact of the total Continuum of Care grant award will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The estimated $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. Entity /Program Term of Agreement Allocation City Grant Administration Award 1 Wesley Community Center April 1, 2010 — March 31, 2011 $134,971 $3,213.50 $131,757.50 2 Corpus Christi Metro Ministries April 1, 2010 — March 31, 2011 $160,255 $3,815.50 $156,439.50 Total $295,226 $7,029 $288,197.00 It is estimated that the economic impact of the total Continuum of Care grant award will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The estimated $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless Issues Partnership (HIP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long- standing relationship and processes established and maintained by the HIP Committee and Community Development remains in place, thus allowing for a seamless continuation of homeless services. The Continuum of Care grant program is a renewal award for the purposes of providing for very specific services and programs through the aforementioned recipients. Of the total Continuum of Care award of $1,012,724, the City of Corpus Christi will receive 2 1/2% of 5% for grant administration which equals to approximately $23,643. For this Council action item, the City will receive approximately $7,029 for grant administration. CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WESLEY COMMUNITY CENTER THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This agreement ( "Agreement ") is made and entered into by the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), and Wesley Community Center, Robstown, Texas ( "Subrecipient "), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ( "COC ") funds in the amount of $134,971 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Thirty -four Thousand Nine Hundred Seventy -one Dollars ($134,971) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55013 (grant #TX0028B- 6J010802), a copy of which is incorporated by reference and is attached to this Agreement as Exhibit A. 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $128,544 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $0.00 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $6,427 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City - related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not Tess than $25,708.80 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not Tess than $0.00 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not Tess than $0.00 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ( "CFR "), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the Continuum of Care Agmt - Wesley Page 2 of 12 —50— City Manager or the Administrator of the City's Community Development Department ( "CDD "). 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ( "HUD "), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City- provided COC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences April 1, 2010, in accordance with the grant period, provided the City's City Council has approved its execution, and terminates on March 31, 2011. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- Continuum of Care Agmt - Wesley Page 3 of 12 —51— pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. (C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3045 Office (361) 844 -1740 Fax If to the Subrecipient: Wesley Community Center Attn: Executive Director P. O. Box 586, Robstown, TX 78380 4015 MacArthur Street, CC, TX 78416 (361) 826 -8300 Office (361) 880 -6763 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ( "Risk Manager ") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re- evaluation and Adjust Limits. The Risk Manager retains the right to re- evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. Continuum of Care Agmt - Wesley Page 4 of 12 —52— 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ( "Indemnitees "), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such injury or damage may result from the gross negligence or willful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions Continuum of Care Agmt - Wesley Page 5 of 12 -53- based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement. 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on a cost - certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not Tess than a three -year period from the date of execution of this Agreement. (B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals) or persons in the same geographic area. Continuum of Care Agmt - Wesley Page 6 of 12 —54— (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ( "U.S.C. ") §3601 -19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959 -1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § §2000d- 2000d -4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. § §6101 -07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701u, and implementing regulations at24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971 -1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development), as each Continuum of Care Agmt - Wesley -55— Page 7 of 12 may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget ( "OMB ") Circular No. A -122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead -based Paint. (A) Subrecipient shall comply with the applicable requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4821- 4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § §4851- 4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead -based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A -102 and A -110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision - making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 Continuum of Care Agmt - Wesley Page 8 of 12 —56— CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. 6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti- Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § §329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A -133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and Continuum of Care Agmt - Wesley Page 9 of 12 —57— nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Continuum of Care Agmt - Wesley Page 10 of 12 —58— Executed in duplicate originals this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa `Angel R. Escobar City Secretary City Manager Approved as to form: L it 6 , 2010 Elizab h R. Hundley Assi = nt City Attorney for the City Attorney STATE OF TEXAS § § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2010, by `Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home - rule corporation, on behalf of the corporation. Notary Public, State of Texas Continuum of Care Agmt - Wesley Page 11 of 12 —59— CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI METRO MINISTRIES THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ( "Agreement ") is made and entered into by the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), and Corpus Christi Metro Ministries, Inc., ( "Subrecipient "), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for supportive housing services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ( "COC ") funds in the amount of $160,255 to the Subrecipient for assistance in providing supportive housing services for the homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performances, and accomplishment of the tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than One Hundred Sixty Thousand Two Hundred Fifty -five Dollars ($160,255) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55062 (grant #TX0023B6J010802), a copy of which is incorporated by reference and is attached to this Agreement as Exhibit A. 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $89,612 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. (B) Not more than $63,012 will be reimbursed to the Subrecipient for payment of operating costs related to supplying supportive housing services for the homeless. (C) Not more than one half of $7,631 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for City - related contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not less than $17,922.40 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. (B) Not less than $15,753.00 must be spent by the Subrecipient to provide for the operating costs related to supplying supportive housing services to the homeless. (C) Not Tess than $0.00 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- pient's Board of Directors, of professional services provided by the Subrecipient. 2.3 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Continuum of Care Grant Program regulations contained in the United States Code of Federal Regulations ( "CFR "), and including, but not limited to, those federal requirements contained in Sections 5 and 6 of this Agreement. 2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated services and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ( "CDD "). Continuum of Care Agmt - CCMM Page 2 of 12 —61— 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ( "HUD "), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.8 Notification of Change. Notify the City within ten (10) days when the scope, funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. 2.9 Use of Funds. Expend all funds solely for the services described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City - provided COC funds expended by the Subrecipient on services not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. 2.10 Record Retention. The Subrecipient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on April 1, 2010, in accordance with the grant cycle, provided the City's City Council has approved its execution, and terminates on March 31, 2011. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Continuum of Care Agmt - CCMM Page 3 of 12 -62- (C) All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Admin., Community Dev. P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3045 Office (361) 844 -1740 Fax If to the Subrecipient: Corpus Christi Metro Ministries, Inc. Attn: Executive Director 1919 Leopard Street Corpus Christi, Texas 78401 (361) 887 -0151 Office (361) 887 -7900 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ( "Risk Manager ") and the Administrator of CDD at least ten (10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re- evaluation and Adjust Limits. The Risk Manager retains the right to re- evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Continuum of Care Agmt - CCMM Page 4 of 12 -63- damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ( "lndemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by lndemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or con- current negligence of lndemnitees, but not if such injury or dam- age may result from gross negligence or willful misconduct of In- demnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses Continuum of Care Agmt - CCMM Page 5 of 12 -64- of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termina- tion or expiration of this Agreement. 4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the COC funding providing by the City with an amount of cash funds from sources other than COC funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous COC grant may not be used to match a subsequent grant award under this Agreement. (B) The Subrecipient shall request payment from the City on a cost - certified basis for only those services specified in this Agreement and which are matched on a cash basis in accordance with this Section 5.1 and the regulations contained in the Code of Federal Regulations. The Subrecipient shall submit matching funds support documentation which must be provided with each request for payment. 5.2 Use as an Emergency Shelter. (A) Any building for which COC funds are used by the Subrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not Tess than a three -year period from the date of execution of this Agreement. (B) Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals) or persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. Continuum of Care Agmt - CCMM Page 6 of 12 -65- 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ( "U.S.C. ") §3601 -19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959 -1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S.C. § §2000d- 2000d -4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. § §6101 -07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations; (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971 -1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development), as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, Continuum of Care Agmt - CCMM Page 7 of 12 —66— (F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of COC funds set forth in the Code of Federal Regulations, in the United States Office of Management and Budget ( "OMB ") Circular No. A -122, and in all other OMB circulars as each may relate to the acceptance and use of COC funds. 6.3 Lead -based Paint. (A) Subrecipient shall comply with the applicable requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4821- 4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § §4851- 4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead -based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures: 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A -102 and A -110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision - making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §583.330 and file a written application, containing full disclosure of the facts, with HUD and the Administrator of CDD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Continuum of Care Agmt - CCMM —67— Page 8 of 12 awarding of contracts, and funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no COC funds may be made available within the Coastal Barrier Resources System. 6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. 6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti- Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § §329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A -133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons (families, individuals, and farms) as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Continuum of Care Agmt - CCMM Page 9 of 12 —68— 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con- tents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Continuum of Care Agmt - CCMM Page 10 of 12 —69— Executed in duplicate originals this day of , 2010. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI `Angel R. Escobar City Secretary City Manager Approved as to form: , 2010 bre, h R. Hundley nt Cit Eliza dley Assis City orney for the City Attorney Attorney OF TEXAS ACKNOWLEDGMENT § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by `Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home - rule corporation, on behalf of the corporation. Notary Public, State of Texas Continuum of Care Agmt - CCMM Page 11 of 12 —70— SUBRECIPIENT: CORPUS CHRISTI METRO MINISTRIES, INC. tS/a- ezzi Printed Name Title STATE OF TEXAS § COUNTY OF NUECES § This instrmnt was of Corpus Christi Me corporation. S-1$ e.,,)/z) Date ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: acknowledged before me on lb, by , in his /her capacity as the c .L1' Li) inistries, Inc., a Texas non - profit corpora ion, on behalf of the A∎rt , LAURISA LYNN BAKLIK ° °o% Note -'' :•� °�? Notary Public, State of Texas My Commission Expires March 09, 2011 Continuum of Care Agmt - CCMM Nota Public, State of T —7 1 — Page 12 of 12 Applicant: City of Corpus Christi Project: TX -501 - Ren - Corpus Christi Metro Ministries, Inc. Rustic House TX -501 TX0023B6J010802 Grant Number: TX0023B6J010802 Award Amount: $160,255 Recipient: City of Corpus Christi, 1201 Leopard Street, Corpus Christi, Texas 78401 Tax ID #: 74- 6000574 Project Name: TX -501 - Ren - Corpus Christi Metro Ministries, Inc. Rustic House Component Type: TH Official Contact Person: Mr. Eddie Ortega, Director of Neighborhood Services Email Address: eddieo @cctexas.com Phone: (361) 826 -3234 Fax: (361) 826 -3011 2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. Consolidated Grant Agreement Page 1 03/08/2010 _72_ A RESOLUTION RATIFYING THE ACCEPTANCE OF THE 2009 CONTINUUM OF CARE ( "COC ") GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND EXECUTION OF THE GRANT FUNDING AGREEMENTS UNDER THE 2009 COC GRANT TERMS AS FOLLOWS: (1) $134,971 FOR WESLEY COMMUNITY CENTER AND (2) $160,255 FOR CORPUS CHRISTI METRO MINISTRIES, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO IMPLEMENT THE COC GRANT AND EXECUTE ALL NECESSARY AND RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies the acceptance of the 2009 Continuum of Care ( "COC ") Grant from the U. S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC grant terms as follows: (1) $134,971 for Wesley Community Center and (2) $160,255 for Corpus Christi Metro Ministries, for homeless supportive program renewal projects and activities. Additionally, the City Manager or his designee is authorized to implement the COC Grant and execute all necessary and related documents. ATTEST: Armando Chapa City Secretary APPROVED: May 17, 2010 1 =, Elizabeth R. HundleY Assistant City Attorney for the City Attorney Corpus Christi, Texas EHres266 —73— CITY OF CORPUS CHRISTI Joe Adame Mayor 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 EHres266 —74— AN ORDINANCE APPROPRIATING A GRANT OF $295,226 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2009 CONTINUUM OF CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $295,226 from the U. S. Department of Housing and Urban Development for the 2009 Continuum of Care Grant Program is appropriated in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewals. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: May 17, 2010 Elizab th R. Hundle'y (7 Assi' ant City Attorney for the City Attorney EHord300 —75— CITY OF CORPUS CHRISTI Joe Adame Mayor 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord300 —76— 7 AGENDA MEMORANDUM DATE: May 25, 2010 SUBJECT: Traffic Signals (New and Synchronization) (Project No. 6488 / CIP No: ST 32) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $151,000.00, for design, bidding, and construction phase services and additional services for Traffic Signals (New and Synchronized). (BOND ISSUE 2004) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the final design phase, bid phase, and construction phase and additional services; and requires City Council approval. HDR Engineering, Inc. was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. This A/E contract will be funded utilizing remaining Bond Issue 2004 proceeds. The following five intersections are currently signalized and controlled by a span wire signal head system. A span wire system cannot accommodate pedestrian traffic light control due to the lack of push button signal operation. Proposed improvements will provide these intersections ADA compliance, new LED signal head mounted on mast arms, underground conduit, video detection (VIVDS) for signal operation and illuminated street signage. Upgrading these signals along with synchronization city -wide would enhance traffic safety as well as improve traffic operations. 1. Alameda Street and Robert Drive 2. Ayers Street and Horne Road 3. Gollihar Road and Prescott Street 4. Morgan Avenue and Kokernot Street/Cleo Street 5. Port Avenue and Baldwin Boulevard FUNDING: Funding is available from remaining Bond Issue 2004 proceeds. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map ((��� H:IHOME\KetlyO1GEN\ STREETS \6488- Traffic Signals (New & Sychronized)\Cona lltgttis71VR\.AGENDA 2 MEMO.doc BACKGROUND INFORMATION SUBJECT: Traffic Signals (New and Synchronized) (Project No. 6488 / CIP No: ST 32) PROJECT DESCRIPTION: This project will provide for the preparation of traffic signal plans at the following five intersections: 1. Alameda Street and Robert Drive 2. Ayers Street and Horne Road 3. Gollihar Road and Prescott Street 4. Morgan Avenue and Kokernot Street/Cleo Street 5. Port Avenue and Baldwin Boulevard CONTRACT DESCRIPTION: The consultant, HDR Engineering, Inc., will provide professional services for the coordination with City staff for design, bidding and construction phase services and additional services described further below: No preliminary phase services are included in this contract. Design phase services will include preparing construction plans and specifications, final cost estimates, and permit applications. Bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. Construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, construction observation services and warranty phase. Work will not begin on Additional Services until requested by the consultant, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project is required. TEXAS DEPARTMENT OF TRANSPORTATION ( TxDOT) FUNDING: The City is planning to execute an advance funding agreement with TxDOT in the amount of $400,000 to assist in the funding of construction for these traffic signals. If the advance funding agreement is approved, City staff will recommend the construction of all five intersections using both the TxDOT monies and Street Capital Improvement monies. If the agreement is not approved, City staff will recommend the construction of four intersections using only monies from the Street Capital Improvement Budget. PROJECT BACKGROUND: The Traffic Signals (New and Synchronized) project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street Improvements. H: \HOME\KeliyO \GEN\STREETS \6488- Traffic Signals (New & Sychronized ) \C?flQJhant- HDR \AGENDA 3 BACKGROUND.doc On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 2 of 2 H: \HOME\Kelly01GEN \STREETS \6488- Traffic Signals (New & Sychronized ) \CoilsuAanl- HDR\AGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Traffic Signals (New and Synchronization) (Project No. 6488 / CIP No: ST 32) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H:\HOME\KellyO \GENtSTREETS \6488- Traffic Signals (New & Sychronized )1C62vltant- HDR\AGENDA 4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Traffic Signals (New and Synchronization) (Project No. 6488 / CIP No: ST 32) 1. SCOPE OF PROJECT Traffic Signals (New and Synchronization) (Protect No. 6488) — The scope of the project includes preparation of traffic signal plans, bid documents, and construction services for the following five intersections in Corpus Christi, Texas. 1. Alameda Street and Robert Drive 2. Ayers Street and Horne Road 3. Gollihar Road and Prescott Street 4. Morgan Avenue and Kokernot Street/Cleo Street 5. Port Avenue and Baldwin Boulevard The above five intersections are currently signalized. Signal plans will be prepared to upgrade the intersection signals from Span Wire to Mast Arm. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Tuesday May 25, 2010 Council approval of Contract Monday May 31, 2010 Begin Design Phase Friday July 9, 2010 Pre -Final Submittal Friday July 16, 2010 Review Meeting Friday July 30, 2010 Final Submittal Monday (2) August 9 & August 16,2010 Advertise for Bids Wednesday August 18, 2010 Pre -Bid Conference Wednesday August 25, 2010 Receive Bids Tuesday September 7, 2010 Council award of Const. Contract Monday October 18, 2010 Begin Construction Weekday TBD Construction Completion —83— H: \HOME \KellyO \GEN\STREETS \6488- Traffic Sionals (New & Svchronizedl \Consultant- HDRAGENDA 5 CONTRACT SUMMARY.doc 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $0 2. Design Phase $79,250 3. Bid Phase $9,250 4. Construction Phase $31200 Subtotal Basic Services Fees $119,700 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) > Texas Department of License and Regulation Total Permitting (AUTHORIZED) $3,500 2. Construction Observation Services (Engineer IV, 6 hours per week for up to 26 weeks and Engineer VI, 2 hours per week for up to 26 weeks) $25,100 3. Warranty Phase $2,700 Sub -Total Additional Services Fees $31,300 Total Fee $151,000 The estimated construction cost for Traffic Signals (New and Synchronized) is $1,000,000. The total basic services fee proposal for this project is $119,700. Therefore, the percentage of design cost to construction cost is 11.97 %. PROJECT BUDGET TRAFFIC SIGNALS (NEW AND SYNCHRONIZED) Project No. 6488 May 25, 2010 FUNDS AVAILABLE: Street CIP 2010 ST 32 (Three -Year Total) $1,000,000.00 TxDOT (Advance Funding Agreement) (Construction only) $400,000.00 $1,400,000.00 FUNDS REQUIRED: Estimated Construction, 5 intersections (Contractor To Be Determined) $1,000,000.00 Contingencies (10 %) 100,000.00 Consultant (HDR Engineering, Inc.) 151,000.00 Estimated Reimbursements 40,000.00 Estimated Misc. (Printing, Advertising, etc.) 2,000.00 Total $1,293,000.00 FUNDS REMAINING $107,000.00 If the TxDOT Advance Funding Agreement is not approved, City staff will recommend the construction of four intersections using only monies from the Street CIP. -85- \Mproject \councilexhibits \exh6488. d wg CORPUS CIf1US 17 BAY • TRAFFIC SIGNALS TO BE UPGRADED PROJECT #6488 LOCATION MAP NOT TO SCALE GAY OF MEXICO EXHIBIT "E" TRAFFIC SIGNALS (NEW AND SYNCHRONIZED) (BOND ISSUE 20006- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/07/2010 8 AGENDA MEMORANDUM DATE: May 25, 2010 SUBJECT: Corpus Christi Brownfields Hazardous Substances and Petroleum Assessments — Project No. #10069 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an environmental consulting services contract with Weston Solutions, Inc. of Corpus Christi, Texas in the amount of $299,000.00 for Brownfields Hazardous Substances and Petroleum Assessments. ISSUE: A number of Brownfield and petroleum contaminated sites exist that require assessment, remediation and redevelopment. Environmental services are required to perform Phase 1 and Phase 2 assessments, site assessments, cleanup planning, redevelopment planning and other services to address Brownfield and petroleum contaminated sites. FUNDING: Funds are available from the Environmental Protection Agency grant. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 PeteAn(a�cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary HAHOME\KEVINMGEN ENVIRONMIE100696rownfields VAwdMemo.doc Peggy Sumrr An, Director of Environmental Services 826 -1868 PeggyS(a�cctexas.com ADDITIONAL INFORMATION SUBJECT: Brownfield Assessment Project PROJECT DESCRIPTION: The City of Corpus Christi Brownfields Assessment Project will provide an assessment of environmental conditions of potential Brownfield properties located primarily in the Downtown and North Side area and develop a comprehensive revitalization /redevelopment plan that protects public health and the environment. The objective of this project is to identify the contaminants that may exist will fall into three (3) main categories which are: • cooperative agreement oversight; • community involvement and assessment; and • cleanup planning. It is also intended that City staff will pursue securing project participation by Del Mar College and Texas A &M University — Corpus Christi. BACKGROUND: The Consultant was selected through a competitive Request for Proposals process (RFP 2010 -02). Council was notified of the release of the RFP on January 25, 2010. The RFP process resulted in the evaluation of ten responses. The firm of Weston Solution, Inc. of Corpus Christi was determined to be the best qualified to perform the required services. Evaluation was in accordance with the ranking criteria set forth in the RFP. CONTRACT TERMS: The Contract Summary is attached. See Exhibit B. PRIOR COUNCIL ACTION: November 11, 2008 — Resolution Authorizing the City Manager, or Designee, to Submit a Grant Application to the Environmental Protection Agency in the amount of $400,000 for a three year Community Wide Brownfields Assessment Program (Resolution #027937). June 30, 2009 - Resolution Authorizing the City Manager, or Designee, to Execute a Federally Funded Grant Agreement with the Environmental Protection Agency in the Amount of $400,000 for a Three Year Community -Wide Brownfields Assessment Program (Resolution # 028221). October 20, 2009 - Ordinance Appropriating $400,000 from U. S. Environmental Protection Agency in the No. 1071 Community Enrichment Fund for a Three Year Community -Wide Brownfields Assessment Program; Amending the FY2008 -2009 Operating Budget; and Declaring an Emergency (Ordinance # 028365). FUTURE COUNCIL ACTION: Award of any additional contracts required for the project if in excess of $50,000.00. —90— Exhibit A Page 1 of 2 FUNDING: Funding is available from the EPA Grant which is appropriated in the Community Enrichment Grant Fund. EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY SERVICES TO BE PERFORMED Consultant will perform Phase I Environmental Site Assessments and Phase 11 Environmental Site Assessments Brownfields Hazardous Substance and Petroleum Assessments including site selection, cleanup planning, redevelopment planning, outreach and education planning services. SCOPE OF SERVICES It is anticipated the services to be performed will include up to nine Phase I Environmental Site Assessments (ESAs) and three Phase II ESAs for each Brownfields Site and Petroleum Site identified for a total of 18 Phase I ESAs and six Phase II ESAs. However, additional Brownfields properties may be identified during the site selection and community outreach and education planning process. Task 1 — Site Selection Consultant will coordinate with the City of Corpus Christi (the City) to obtain the list of properties which have been previously identified as Brownfields sites. Additionally, Consultant will assist the City in identifying additional potential Brownfields properties in the downtown and north side areas. As these properties are inventoried, CONSULTANT will collaborate with the City to develop a site ranking criteria and rank each property accordingly. Inventoried properties will be maintained in a database or Property Geographic Information System (GIS) for use in viewing, adding, and /or editing environmental information gathered for each property. The GIS tool can be designed in multi -user formats so that some users have full authority to input data and other users have only read -only access. Estimated costs for creating a Property GIS Tool will depend upon the extent of features selected by the City. For the purpose of this proposal, we have assumed that the Property GIS Tool will manage information gathered for Task 1, including, but not limited to, property/landowner profile and site ranking. Properties will require an EPA site eligibility evaluation and preparation of Property Profile Form, as well as landowner access agreement, prior to implementing site assessment activities. Consultant will assist the City with completing these required tasks for each property identified for Brownfields assessment. Site selection activities are estimated to take four to eight weeks, depending upon the number of Brownfield sites identified and the responsiveness of the program applicants. Task 2 — Phase I Environmental Site Assessment As Task 1 activities are completed and ranking criteria of eligible Brownfields properties is established, Consultant will prepare for the completion of Phase I ESAs, beginning with the highest ranking sites. This proposal assumes the completion of 18 Phase I ESAs, as specified in Exhibit "A" of the Brownfields RFQ No. 2010 -02, of which nine are for the Hazardous Substance Cooperative Agreement and nine are for the Petroleum Assessment Community - Wide Cooperative Agreement. Each additional Phase I ESA will be based on the fee schedule provided as Attachment 1, in addition to subcontractor expenses. The purpose of a Phase I ESA is to identify recognized environmental conditions associated with the historical use of the property; identify recognized physical conditions of buildings and adjacent grounds; and identify recognized present operational practices. For eligible properties where a recent EPA - approved Phase I ESA has been performed, Consultant will utilize the information contained in the existing Phase I report, if available, to expedite the completion of a current Phase I ESA. Each Phase I ESA will be performed in common accordance with the ASTM Standard E1527 -05 for All Appropriate Inquiry and shall consist of the following four general components: 1. Records review 2. Site reconnaissance 3. Interviews Exhibit B Pa •e 1 of 3 _92_ 4. Report The estimated time for each Phase I ESA to be completed is up to three weeks. Task 3 — Phase II Environmental Site Assessment For properties where recognized environmental conditions are identified during the Phase I ESA, the Consultant will perform a Phase II ESA on select properties. It is anticipated that approximately six Phase II ESAs, as specified in Exhibit "A" of the Brownfields of which three are for the Hazardous Substance Cooperative Agreement and three are for the Petroleum Assessment Community -Wide Cooperative Agreement. Each additional Phase II ESA will be undertaken. The fee schedule provided as Attachment 1, in addition to subcontractor expenses is based on the assumption. In preparation of the Phase II ESAs, Consultant will prepare a Program Quality Assurance Project Plan (QAPP) for City and EPA approval to be used for all projects requiring laboratory analysis. A site - specific Sampling and Analysis Plan (SAP) and a HASP will be prepared for each site. Additionally, the SAPs and the QAPP will be provided to the City of Corpus Christi and EPA for review and approval. Consultant will coordinate with subcontractors to prepare for the drilling and sampling activities. Scheduling and management of the subcontractors will be performed by the Consultant's Project Manager. Consultant will also coordinate the disposal of investigation- derived waste (IDW). The Consultant will be responsible for general disposal costs for Class 1 non - hazardous waste and Class 1 hazardous waste based on a 55- gallon drum of waste, including profiling and transportation. The scope of work for Phase II field activities will be based on the extent of recognized environmental conditions found on the property. For the purpose of this proposal, it is anticipated that a minimum of three borings, will be required each of which will be completed as temporary or permanent monitor wells. Task 4 — Cleanup Planning Data collected from Task 2 and 3 activities will help support Consultant's evaluation of risk exposure to human health and the environment. Once a comprehensive investigation has been completed for each property that is selected for a Phase I I ESA, Consultant will provide cleanup options and cost estimates based on risk exposure and potential re-use of the property. Additionally, Consultant will provide redevelopment options based on site data and cleanup criteria. The specific approach will depend on whether the site is under the TRRP or the PST remediation program, and also whether groundwater is affected. In cases where soil removal can allow site closure, Consultant will prepare work plans for the removal. In other situations, an Affected Property Assessment Report and Response Action Plan may be required, or a PST Assessment Report Form and Corrective Action Plan (these reports and plans may be outside the scope of the assessment grants). Cleanup planning for each selected property is estimated to take approximately six weeks. Task 5 — Redevelopment Planning For properties that are found to be affected, Consultant will work with the City and with landowners to develop cleanup strategies that meet environmental response requirements while facilitating property development. Consultant will develop feasibility studies evaluating remediation alternatives, considering the planned end use for the property (whether residential or commercial /industrial). As needed, Consultant will evaluate project- specific pathways of concern, such as vapor intrusion. Consultant will make recommendations considering the full range of alternatives available under the TRRP or PST programs, including engineered controls, institutional controls and sustainability. When feasible and cost effective, the planned development can also serve as part of the environmental response action, such as the use of a parking lot or foundation as an impermeable cover. The estimate assumes that a brief letter report summarizing recommendations will be prepared for up to Exhibit B Page 2 of 3 -93- three sites for each grant. Estimated costs for Task 5 activities are summarized in Table 1 and Table 2, provided as Attachment 2. Task 6 — Outreach and Education Planning Consultant will consider the City's goals for community outreach and education, and develop a plan including public workshops and web -based approaches to share information about the program. Outreach will include sharing information about the program goals, application process, progress to date and schedule. It is anticipated that the system will include GIS -based maps, program deliverables, development plans and schedules. Additional Tasks The Consultant may be directed to undertake additional tasks or services by the Director of Environmental Services. However, any additional task or service that requires an increase in the authorized fee will be evidenced in writing as an amendment to the this contract. FEES AUTHORIZED The City will pay Consultant a fee not to exceed $299,000.00 for providing all services. Exhibit B Page 3 of 3 -94- 9 NO ATTACHMENT FOR THIS ITEM 10 NO ATTACHMENT FOR THIS ITEM 11 AGENDA MEMORANDUM City Council Action Date: May 25, 2010 SUBJECT: Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) (Project No. 7259) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Holloman Corporation of Converse, Texas, in the amount of $1,675,381 for Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) Project. ISSUE: This project provides for a new pump station at the Oso Water Reclamation Plant to supply effluent water to several City Parks, local golf courses, and Texas A & M University— Corpus Christi. The project consists of all the necessary pump station facilities and SCADA to pump water. This project also includes installing a new pipeline by boring under Ennis Joslin Road to supply effluent water to the Hans and Pat Suter Wildlife Refuge. This project began several years ago in coordination with Corpus Christi and Kings Crossing Country Clubs to supply effluent re -use for irrigation to the golf courses. Since that time, several projects for the distribution system were completed and the City has planned for additional irrigation uses for irrigating at City parks, Texas A & M University — Corpus Christi, and the Pharaohs Golf Club. Sections of the new effluent distribution lines were completed under Bond Issue 2004 and utility projects. There are current and future plans to complete the distribution system to get the effluent water to the users. Irrigation systems are not addressed under this project. On April 28, 2010, the City received proposals from five (5) bidders (see Exhibit "C" Tabulation of Bids) with one bid determined non - responsive for failure to fully execute the documents. The bids range from $1,675,381 to $2,345,254 for the Total Base Bid. The estimated cost of construction is $1,487,502. The City's consultant, Urban Engineering and City staff recommend a contract be awarded to Holloman Corporation in the amount of $1,675,381 for Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) Project. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361 - 857 -1801 fostercctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "0" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Actions Tabulation of Bids Project Budget Location Map PowerPoint Presentation Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(a�cctexas.com —105— AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) (Project No. 7259) PROJECT DESCRIPTION: This project consists of site work and demolition, excavation and backfilling, dewatering, concrete structures, four vertical turbine pumps, two hydro pneumatic tanks, valves and piping, flow metering, dual flow traveling screen, slide gates and operators, painting, concrete pavement, pavement repair, SCADA, electrical and miscellaneous items of work required to compete project. Additionally, the project requires boring across Ennis Joslin with an 8" steel casing and 4" PVC for a new effluent force main. All work will be completed in accordance with plans, specifications and contract documents. BID INFORMATION: On April 28, 2010, the City received proposals from five (5) bidders with one bid determined non - responsive for failure to fully execute the documents. The bids range from $1,675,381 to $2,345,254 for the Total Base Bid. The estimated cost of construction is $1,487,502. The City's consultant, Urban Engineering and City staff recommend a contract be awarded to Holloman Corporation in the amount of $1,675,381 for Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) Project. CONTRACT TERMS: The project is estimated to require 305 calendar days, with completion anticipated in the late spring of 2011. PROJECT BACKGROUND: This project is part of a multi - phased project to provide effluent re -use water in the Oso Wastewater Basin. The project was initiated by interest and coordination to supply effluent re -use for irrigation at Corpus Christi and Kings Crossing Country Club golf courses. Several projects are now complete or underway that constructs sections of the new distribution system. This includes Bond Issue 2004 Cimarron Street and Wooldridge Reconstruction projects, and the current Bond Issue 2008 Yorktown Boulevard Reconstruction Project. Future projects will be required to complete the design for the effluent water distribution system. This will include distribution to additional locations, including Pharaohs Golf Course, Texas A & M University — Corpus Christi, and City parks. City parks include Bill Witt Park, Paul Jones Sports Complex, and the future Oso Creek Interpretive Park. —106— 1-1.\ HOMF\vahmaP\rFN\WASTFWATER7259 OSO WRP EFFLUENT RE -USE PUMP STATION \CONSTRUCTION\3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) (Project No. 7259) PRIOR COUNCIL ACTION: 1. August 19, 2003 — Ordinance appropriating $122,222.85 from the unappropriated interest earnings and $30,157 from unappropriated miscellaneous revenues from Wastewater CIP Fund 3430; and appropriating in Wastewater CIP Fund 3430; appropriating $46,400.15 from the unappropriated interest earnings from Wastewater 2002 CIP Fund 4244; and appropriating in Wastewater 2002 CIP fund 4244 for the Oso Water Reclamation Plant Effluent Re -Use Pump Station; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $198,780; and declaring an emergency. (Ordinance No. 025408) 2. August 19, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Urban Engineering in the amount of $198,780, for a total re- stated fee of $222,630, for the Oso Water Reclamation Plant Effluent Re -Use Pump Station. (Motion No. M2003 -272) 3. December 15, 2009 — Ordinance approving the FY 2010 Capital budget and Capital Improvement Planning Guide in the amount of $202,877,800 (Ordinance No. 028449). PRIOR ADMINISTRATIVE ACTION: 1. May 15, 2002 — Executed Small Agreement in the amount of $23,850 with Urban Engineering for the Oso Water Reclamation Plant Effluent Re -Use Pump Station Project. 2. April 22, 2005 — Executed Amendment No. 2 to the Engineering Services Contract with Urban Engineering in the amount of $9,925, for a total re- stated fee of $232,555, for Oso Water Reclamation Plant Effluent Re -Use Pump Station Project. 3. December 14, 2009 — Executed Amendment No. 3 to the Engineering Services Contract with Urban Engineering in the amount of $42,155, for a total re- stated fee of $274,710, for Oso Water Reclamation Plant Effluent Re -Use Pump Station Project. 4. January 28, 2010 — Executed Amendment No. 4 to the Engineering Services Contract with Urban Engineering in the amount of $34,605, for a total re- stated fee of $309,315, for Oso Water Reclamation Plant Effluent Re -Use Pump Station Project. 5. April 9, 2010 — Executed Amendment No. 5 to the Engineering Services Contract with Urban Engineering in the amount of $13,780, for a total re- stated fee of $323,095, for Oso Water Reclamation Plant Effluent Re -Use Pump Station Project. —107— H: \HOME \VelmaP \GEN \WASTEWATER \7259 OSO WRP EFFLUENT RE -USE PUMP STATION \CONSTRUCTION \4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 1 O N N 11 cc,' CO N a.. < ui< V) W y) W W z z W F O 0 N rr 0 0 0 >- to 0 0 E LL w 0- O w F- W J z <0 a I- Z W w 0 Z W 2 a W 0 .1. M. Davidson, Ltd. P. O. Box 4639 Corpus Christi, TX 78469 TOTAL PRICE I $1,531.363.001 CO Qi 6 O N. O ri $223.00 827,935.66 0 0 0 6 69 10 m ch 69 (00 CO t9 O 0 O NM 0 0 .- N 115 u9 o n W tt) t9 $403.00 O O vi O (0 N t9 $3,322.621 0 10 0 co co f9 Q Q n f9 UNIT PRICE $1,531,363.00 $12.67 OE IO£$ $223.00 CO O W) $18,000.00 co U7 u9 m 0) N 0 00 O 0 fV GO (00 N t9 $391.34 00 0 69 0 N t9 $52.741 0 W 49 $734.411 R. M. Wright Construction 285 Rio West Drive El Paso, TX 79932 TOTAL PRICE O O 0 0) 0 69 $37,774.00 0 o Pi ^ t9 0 0 6 0) Q co 69 0 0 W 0) Q 07 � 0 0 0 0 O t0 67, 817,688.00 0 0 N O Q K 0 0 O O O n u9 0 q 0 0 49 0 0 O 10 ). tV GO 0 0 O 0 0 O t9 0 0 6 W 0) 1• f9 0 0 O to W m d9 0 0 07 N 1` E9 0 O N co (D N 69 UNIT PRICE o 0 6 of 0 63 0 10 C6 0) 0 t0 — t9 0 0 0 0 to 69 0 0 O) Q to 0 0 O 0 it 0 0 0 0 0 O M 4 0 0 O 0 t. M 0 0 Q ri H $182.001 O 0 O 1tj 19 0 O m rs to 0 0 N 61 0 0 CO to 0 0 (0 IV V! R. S. Black Civil Contractors P. O. Box 6218 Corpus Christi, TX 78466 TOTAL PRICE I $1,584,759.00 $14,1 40.00 O O o O 1f) 69 O O O co M 69 $45,440.00 0 O o (0 cV 69 0 c�0{ (0 (D Q 69 $1,560.00 0 0 m to Q t9 0 0 CCD c. (0 M to 0 0 l0 N O fA 0 0 m co tai t9 0 0 co co lfi 69 0 0 r 10 Q) fA 0 0 u0) 1. to 0 0 O0i t` tR UNIT PRICE $1,584,759.00 $35.00 0 0 t00 t9 0 0 co 0 �j t9 $320.00 0 00 N t9 O 0 to t9 0 0 d' 69 $52.001 N 69 O m �j t9 $5,867.001 $152.00 $1,750.00 0 fA J. S. Haren Company P. O. Box 450 Athens, TN 37371 TOTAL PRICE $1,839,509.00 0 0 N 1. N t9 $1,250.00 0 0 O O d9 o 0 O W N Q 69 0 0 f9 $2,288.001 0 0 O O CD 69 0 0 O O W f9 0 0 O 7;1. N to 0 0 O (0 (- M 69 0 0 O O O N t9 0 0 O O N t9 0 0 O W r th f9 0 o O O (D '9 0 0 O O Q 69 UNIT PRICE $1,839,509.00 0 6. to 0 0 ri N El9 0 o 0 t9 0 0 o CO 69 t9 0 co N f9 0 O N 69 81,600.00 0 0 CO 69 0 0 t() N 69 0 o O O N t9 0 0 0 10 t9 0 0 CD t9 0 0 0 (O vi 0 0 0 Q 69 Holloman Corporation 13730 IH 10 East Converse, TX 78109 TOTAL PRICE $1,475,300.00 $5,252.00 $1,950.00 0 t0 (N 0 69 0 0 Q W tD to o 100 Q E9 O Q (0 ch t9 0 0 N. 0 69 0 P7 0) to $24,038.00 0 O N to V3 r$846.001 0 O (00 N 69 r 00)) Q 69 0 N 0) ) '9 $572.001 UNIT PRICE 81,475,300.001 O O t9 $195.00 $1,625.00 O 0 h t9 84,500.001 $38.00 0 0 0) CO to 0 0 CO 10• 48 0 0 Q CO 0 O CO (0 69 0 0 6 CO 69 0 0 0 0 N 69 0 0 0) 69 0 O N 0)) 69 $572.00 OSO WATER RECLAMATION PLANT EFFLUENT REUSE PUMP STATION (RE -BID) (PROJECT NO. 7259) DESCRIPTION Pump Station and Sitework, complete in place per LS 4" Dia. SDR 21 PVC Pipe, complete in place per LF 4" Dia. Ductile Iron Fittings, complete in place per each Tie to Existing 4" Dia. Pipe, complete in place per lump sum '8" Steel Casing - Bored, complete in place per linear foot Well Pointing for Bored Casing, complete in place per lump sum 6" Dia. SDR 21 PVC Pipe, complete in place per linear foot 6" Dia. Ductile Iron Fittings, complete in place per each Tie 6" to Existing 3" Non - Potable Piping, Including Fittings and Valve, complete in place per lump sum 8" Dia. SDR 21 PVC Pipe, complete in place per linear foot 18" Dia. Ductile Iron Fittings, complete in place per each Tie to Existing 8" Dia. Pipe, complete in place per lump sum ITie 8" to Existing 4" Non - Potable Piping. complete in place per lump sum 116" Dia. SDR 21 PVC Pipe, complete in place per linear foot 16" Dia. Ductile Iron Fittings, complete in place per each 16" D. I. MJ Cap, complete in place per each Z M N J I.L. J Q W to J 0 J to J li J Q W co J ti_ J < 0 (1) J to J W J a W < W ITEM I QTY I 0 m w Q v- o Q o - m M .- o r •- ,- m .- N (0 Q 10 co N. —10,,$— co O .- N 10 Q IO (O O_ NO O 10 N 0J N a .. ¢ w ui < a O 1- _ W E cc W W z W R- C/7 2 0 (0 0. 0. cc 0 0 0 } i- v) 0 m � LL O5 Ow J Z mLU Q W F- W C7 Z W LL 0 F Z W H- a W 0 tau U 0) N 0) .0) d 0 0) 0 W 0 O > N O m . W av (a o N 3) 0 ,. QZ d0 dw OD°' W0 w a0 W co 2 F J. M. Davidson, Ltd. P. O. Box 4639 Corpus Christi, TX 78469 1 TOTAL PRICE I 1 $20,518.001 N 0) co n Lfi Q) O V N 69 I $48,866.581 n (0 M t9 n ( M 69 69 O 0 0 69 (V O 69 N N N N fA 8 O N N C 69 $142.321 0 0) 69 O O o° 63 O O v N 69 O C 0 O N 69 A O 01 N 10 M UNIT PRICE 0 0 c d N 69 0 0. Q) 69 0) T $387.83 $1,842.86 $122.46 O M O 6 41 t0 O csi 69 $346.841 O O 609 (D 0 69 1- 6 N 0 N r 69 N 48 O O 0 O N 69 R. M. Wright Construction 285 Rio West Drive El Paso, TX 79932 I TOTAL PRICE O O O O O Lri R 69 O O 0 0) °. 6 69 O O (n N. 0) 63 O C D N O ((0 63 O O R F) O 69 O O O 0 r( E9 O O O 0 0 N 69 O O O 0 O o $10,044.001 O O O N O 69 0 0 O 0 0 $1,175.001 0 0 O 0 10 br9 00.00t,'9$ 0 0 O O C N t9 O 0 43 O n N N UNIT PRICE O O O O o co 00 ) (0 69 O O N 1s 63 $1,270.00 $1,517.00 O O O 01 O O O O O O O 0 0 69 O O O 69 O O (CO 69 O O (0 f9 $5.001 O O 3. 43 0 0 co t9 co 0 0 0 O 669 R. S. Black Civil Contractors P. O. Box 6218 Corpus Christi, TX 78466 ITOTAL PRICE O O O o O N 69 O O C (0 N N 69 O O O_ 0) O O 6 (0 V (0 69 O O O r- 69 O 0 co C 69 $24,383.00 O 0 (0 A (0 d9 O 0 O N ). 43 O O 6 O r 663 O 0 O N C $1,880.001 0 O O 0 0 69 0 O O 0 (0 69 0 0 O 0 0 O 61 $1,977,000 -0O1 L11 V Qom, Z669 O 00 0 O O 4' O O 0 609 O 0 O 7:: M O 0 ( N O 0 N !9 $24,383.00 O 0 u9 O 0 R 69 O O O 4 O 0 3) (» O 0 b O O C (9 0 0 N !9 0 0 O O 0 669 J. S. Haren Company P. O. Box 450 Athens, TN 37371 1 TOTAL PRICE 0 O O O (9 o O O O V: co 0 0 O O (") 69 0 0 O O N C 0 0 O O 67 69 $465.00 0 0 O O O 4, 0 0 O (0 N 69 0 0 6 (p C (A 0 0 O O 6t9 $480.001 0 0 O -K [9 0 0 0 0 O 69 0 0 O 0 N69 0 0 O 0 O N 69 $1,977,000.001 IUNIT PRICE 0 0 O O 69 o 0 O O NI 0 0 6 O 4' 0 0 0 O 669 0 0 O 0 669 $5.00 0 0 O O 005 69 O 0 O (0 NN $5.001 o 0 O M Eh3 0 0 O c( E9 0 0 (0 Vi 0 0 0 M 69 0 q (- 69 0 0 O O 0 N 69 Holloman Corporation 13730 111 10 East Converse, TX 78109 ITOTAL PRICE 0 0 O ♦? $12,054.00 o 0 N 0 609 0 0 6 0) 69 0 0 O V 43 $8,835.001 0 0 O ) 4, $557.001 0 0 a O t $5,628.00 0 0 3) (h 19 0 0 V0 (0 43 0 0 O 0) 69 0 0 O 669 0 0 O 0 N te $1,675,381.001 UNIT PRICE O O 69 O (s, $348.00 0 6 R 69 0 O (. (9 0 00) 69 0 O M E9 $557.00 $22.00 $84.00 $28.00 0 0 6b9 00 (O+) 69 0 69 0 0 N 69 SO WATER RECLAMATION PLANT DENT REUSE PUMP STATION (RE -BID) (PROJECT NO. 7259) DESCRIPTION 1Connection to existing Effluent Junction Box, complete in place per lump sum •• 24" C905 PVC Open Cut (16' - 18' Cut), complete in place per linear foot 24" C905 PVC Open Cut (22' - 24' Cut), complete in place per linear foot 24" C905 PVC Bore, No Casing, complete in place per linear foot 24" Dia. DIP 45 Deg. Bend (MJ), complete in place per each OSHA Pipeline Trench Protection, complete in place per linear foot 5' Dia. Manhole, complete in place per each OSHA Manhole Trench Protection, complete in place per lump sum Well Pointing for 24" Gravity Line, complete in place per linear foot 6" Thick Concrete Pavement, complete in place per square yard 6" Concrete Block Curb, complete in place per linear foot 4" Thick Concrete Sidewalk, complete in place per square foot Asphalt Pavement Repair, complete in place per square yard Concrete Sidewalk Remove /Replace, complete in place per square foot Utility Allowance, complete in place per lump sum TOTAL BASE BID (BID ITEMS 1 - 314 Z 7 V) J LL J LL J LL J < W LL J W W U) J LL J Y (n LL J LL (n } co U- (1) GO J ITEM I QTY p ri 0 (° N 0) .- ol O O (n N 0 0 0 l! (A Q 03 ' CO 0) 0 N N N N M N V N I �7 N (D N (� N 0 N 0) N O (7 (7 The Proposal Form submitted by J. M. Davidson is not fully executed and is therefore considered non - responsive. PROJECT BUDGET OSO WATER RECLAMATION PLANT EFFLUENT RE -USE PUMP STATION (RE -BID) Project No. 7259 May 25, 2010 FUNDS AVAILABLE: Wastewater CIP ....................................... ............................... $2,299,616.00 FUNDS REQUIRED: Construction (Holloman Corporation)................. ....... ...... ......... $1,675,381.00 Contingencies (10%)........ .......... .......... ....... .............. ............. ........ 167,540.00 Consultant (Urban Engineering).... ....... ........... ............. ..... 323,095.00 Reimbursements ......................... ............................... 125,600.00 Misc. (Printing, Advertising, etc.) ....................... ............................... 8,000.00 Total.................................................. ............................... $2,299,616.00 —110— EXHIBIT "D" Page 1 of 1 Mproject \ councilexhibits \ exh7259b. d wg CORPUS 0- (Rrs27 B.Ay N AS LOCATION MAP NOT TO .SCALE PROJECT #7259 i1 WRE EXHIBIT "E" Oso Water Reclamation Plant Effluent Reuse Pump Station (Re -Bid) -1J 1- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/25/2010 i41 fa � fp .0 c a. o mt% E � a Li) 71.) au di) 46.11 .0 � 4-) U O = 0 W May 25, 2010 co II= 0 O. 19 (/) O Q 177's E g Na) (i) DC D a) Ce co 4-) a) O 2 L O ti co V m N Oso Water Reclamation Plant Q U) i co CL a) DC 4.; a) Lill c • (.% E $19/ C (n c c 'ca OE O Ln c c co W 7 W /� ■V ro co .7) -o CD -0 O Q CD E 4 O O CU 0 C tn O co co 1 c c c co 4--) 0) L'L �• Q 0 (n O (a E O 00 17 co cn 0 CD E (n ca E .& ° 5 O s O C21-r-) (r) ca co I— w - CC Country Club and Kings Crossing Country N 0 U CO Oso Water Reclamation Plant C O 0 0_ c = .0 >, :47:3 Q O O i cn (0 Q O O j a) trii 4-) 4_, c _c 70 • .> .> (7) 5 CD la E E CD 4—) 2 c D CL, O = LI— v) Z ca a) > E 4— (I) a) v) 2 06 Q fa a) CD Z%-c3 com MI_ 2 E a) _c 0 _c — 4_, 0 CU LI- 0 D (I) 4—) C 1 i ca O — cn a--) c (a O • O �/ O ca ca cn r-, _c 1_ Lim c _ = u 4_, LI— u -c " 2 a) cpui a) = Cll 1_ 4— szu 4—) .E. j) 'p O '� O O U E J 1_ 0_ o_ 0_ szt Ln . � 1E 0 -C .o o- 0 c = V1- �O1- >_1- UQSD CO Oso Water Reclamation Plant (n U Ln a 0 o°o ��� 0 .47-3 ::;) O > U U 11_, (0 NU_C •^ O co Opp �U i,•11A 70-o 1- bo § 0_ p p CI 0 CO 0 -0 0 c 49 0 0 U O CU c -0 4_, 4c73 E > - O , O -0 ' v c i n ca O 0..., 2 -0 2 0 a) 2 CD cp c 4-) u) m at " 61)-0 O= O c O 8 i c, OUP u- = ca 4,-,',73 To U O 1 c Eck v) 011_ 0 O U 8z. �� ca�/ v O •u� LL �� >>O V O pca 00> s2� .7, O _6J c c � To 06 cnU O O c r1 c fa �' tV �p �fO rape — 4) ca ' 00 `= ca -0 OBE ��O OEc LLI �O.- -a cO _c . —a) U 1— >- U Q ca 1 1— U 0_ ra m Oso Water Reclamation Plant Effluent Re -Use Pump Station a) a) Oi c •O cn c - oC > •X Ln .Ln -o c o a) a) O c c 1_ co ca ca a u) c O O 0_ .4_, b a) a) a) • . cn .0 L c C = C ca 0 O O O O O O a) Ln E 4_9 3 4_9 a) a) a) > c tn b Z a) 1-) ca O a--) a--) a a--' 4--' • V= D a) = c = co = W Cn L L— L L x L� ) u � •" a) v a) CU O O o O a) O o O c ODUcLUmU�U= eL • • • • • L Oso Water Reclamation Plant razz0 Q U) i co tA CL cp DC 14. w qO '-1O Lr) q) q) on LC c N Lf) al N '2 1- N N '- N cn a--) 4--) -0 U o c� > c .. CO o ca 2 CU tn � i 1 U o t O O o_ 0 gii < U • 6) Oso Water Reclamation Plant Effluent Reuse Pump Station Cam- (1) 0 (1) CD 0 12 ATTACHMENT TO BE DELIVERED AT A LATER DATE 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 25, 2010 AGENDA ITEM: Ordinance naming the approximately 91.70 acres of park and located near intersection of Airport Road at Horne Road, the Manuel 0 Salinas Park. ISSUE: The City has established a formal policy for naming parks and facilities. The City, through the Parks and Recreation Department, received a naming request from Fernando Salinas for the State School Park Property to be named for Manuel Q. Salinas. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received the presentation at their January 13, 2010 regular meeting, and instructed staff to begin the 60 day process of due diligence research and public notification. Five inquiries were made regarding the identification of Manuel Q. Salinas. Of those, three suggested additional qualifications or another community leader's name. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at Parks and Recreation Advisory Committee meetings, one member of the community spoke in favor of the park renaming. During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process, the committee voted to recommend City Council approve the request to name the State School Park Property, the Manuel Q. Salinas Park. (The appropriate excerpt from the PRAC minutes is attached.) REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Advisory Committee recommends the City Council approve the request to name the State School Park Property, the Manuel Q. Salinas Park. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming the schools. Stacie A. Talbert, Interim Director Parks and Recreation Department 361- 826 -3464 StacieT(a�cctexas. com Attachments: Background Information Exhibit A Aerial map of Park Complex Exhibit B Council Resolution and Policy Information for Naming of City Parks and Recreational Facilities Exhibit C Request for Naming of Parks Form — Manuel Q. Salinas Exhibit D Due Diligence Report to Parks and Recreation Advisory Committee Exhibit E State School Park -Plane Improvements BACKGROUND INFORMATION The park property adjacent to the State School is located in the Cliff Maus Tracts, 91.70 acres of Tract G /State School Park Property at 1343 Airport Road. On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park (Exhibit C). The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting (see Exhibit D). (Previous) staff research (from the Carl Lewis name request,) noted the park property had not previously been named. It was only referenced as the State School Property Park or State School Park due to its proximity to the State School — making the area eligible to be named after Manuel Q. Salinas in accordance with Section C of Resolution Number 021901. Public notification signs (for Salinas) were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18th. Fifty -two neighborhood notifications were re- mailed March 12th. Thirteen notices were returned as undeliverable. Newspaper Public Notices were re -run on April 4th and 11th Five inquiries were received regarding the identification of Manuel Q. Salinas, three included suggestions for another community leader to be honored or further explanation of Mr. Salinas' qualification. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at the Parks and Recreation Advisory Committee meeting, one member of the community spoke in favor of the park renaming. Information . rovided b Manuel Q. Salinas 1927 -2007 Famil Long time resident of the Molina Neighborhood Semi- professional baseball player in Texas Leagues in 1950s and 1960s Sought and acquired permission to utilize State School Property as baseball fields in 1960s and 1970s o Area unofficially referred to as Salinas Field Later acquired permission to utilize same area for soccer leagues in late 1970s Advocated and promoted creation of soccer leagues for youth on the West side First President of the Corpus Christi Latin Soccer League During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process, the committee voted to recommend City Council approve the request to name the State School Park Property, the Manuel Q. Salinas Park. (The appropriate excerpt from the PRAC minutes is included below.) It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming schools. Staff will make recommendations to the Parks — and Recreation Advisory Committee regarding improvements to this process. — RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. * * * "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. Onl the followin facilities are elk ible to be considered for name chan es: 1 ark or park facility which is not already named in honor of a person, group, or event; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Board committee for a minimum of 60 days after receipt of the proposal. 028430 H: \LEG- DIR \Lisa12009 Resolutions \Naming of City facilities November 9.doc —133— Exhibit B 2 (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Beard committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beard committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming —134— Exhibit B 3 ceremonies and the •rovision of markers signs •la•ues. or memorials shall be borne by the entity requesting the name change. The renamin• of any Ci facili which is alread named in honor of a erson, •rou or event is not permitted." SECTION 2. This Resolution takes effect on date of City Council approval. THE CITY OF CORPUS CHRISTI Armando Chapa Joe ' ame City Secretary Mayor APPROVED: %L ' • 3.D , 2009. Lisa Aguil ssistant City Attorney —135— Exhibit B Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028430 —1 3 6— Exhibit B Effective December 8, 2009 Process for Naming or Renaming Parks and Recreation Facilities Consistent with City Resolutions 1 8545 and 19938 and 021901 City Council Policies. Part II, Section 6, Naming of City Parks and Recreational Facilities Where the naming of a neighborhood or small park or park facility is proposed, the following steps are taken: 1. The entity proposing naming or renaming of Parks and Recreation park or facilities must complete a Request form and submit it to the of the Director of the Parks and Recreation Department for review. A letter of consent from the proposed namee or his /her family must be attached to the request form. The requesting entity is advised of their responsible costs *. 2. The Director will arrange for the item to be on an upcoming Parks & Recreation Advisory Committee (PRAC) agenda. 3. After hearing the request, either from the Director or the requesting entity, PRAC may take one of the following actions: a. decline the request b. consider the request by asking Staff to prepare the Due Diligence Report following the 60 -day waiting period. 4. During the 60 -day waiting period, the Parks and Recreation Department will distribute notification announcing consideration of a name or of a name change, including an invitation to contact the Parks & Recreation Department at a given telephone number or to attend a PRAC meeting given the appropriate meeting date, time and location so interested individuals may address the Committee. Notification is distributed by: a. posting sign(s) in the park, b. distributing fliers to the surrounding neighbors, and by c. placing two notices in the local newspaper. An additional Public Announcement is provided through the City's Public Information Office when addressing a request involving a park of Community, Regional or larger size. The department collects public comment(s) and completes research of historical data regarding the current name or referenced name. 5. At the first meeting after the 60 -day waiting period, PRAC will receive all pertinent information in a Due Diligence Report and will take one of the following actions: a. approve the request, b. reject the request, or c. table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity is advised they may appeal to the City Council. 6. The Council shall consider and either approve or reject the request. * Costs associated with naming ceremonies, provision marker, plaque, or memorial shall be borne by the entity proposing the name. Additionally, the cost associated with new park signage, whether single sign or multiple signs, shall be borne by the entity proposing the name. (The requesting entity will receive the current signage estimate from the Parks & Recreation Director.) —137— Exhibit B REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) 2. Location 3. Suggested Name 4. Please describe why you feel this name to be appropriate. 5. Name and address of person making request. Name Address Phone 6. Do you represent an organization with respect to this request? If `yes', name organization 7. Date of this request FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice — Newspaper Public Notice — Neighborhood -138- Exhibit R REQUEST FOR THE NAMING OR RENAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc. ) Park 2. Location Corner of Airport Rd. and Horne Rd. (State School) 3. Suggested Name Manuel O. Salinas Park 4. Please describe why you feel this name to be appropriate. This unnamed park area has been used for recreational purposes by thousands of people over the past four decades (especially for soccer and baseball). Mr. Manuel O. Salinas was the driving and organizing force that developed these family and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for over three decades. (Attachments, Photos, etc. Will Follow). 5 Name and address of person making request. Name Fernando Salinas Address 4405 Valdez Dr. Phone (361) 658 -3900 6. Do you represent an organization with respect to this request? No If yes, name organization 7. Date of request November 23, 2009 —139— Exhibit C The Manuel Q. Salinas Family To: The Parks and Recreation Advisory Committee From: The Manuel Q. Salinas Family Re: Support of the Manuel Q. Salinas Park Naming Date: December 10, 2009 We, the family of Manuel Q. Salinas (Manuel Salinas Jr., Fernando Salinas, Carlos Salinas, and Virginia "Tina" Salinas Castillo), do hereby acknowledge and wholeheartedly support the naming of the State School property (corner of Airport Rd. and Horne Rd.) and future park to be named Manuel Q. Salinas Park. This unnamed park area has been used for recreational purposes by thousands of people over the past four decades (especially for soccer and baseball). Mr. Manuel Q. Salinas was the driving and organizing force that developed these family and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for over three decades. Respectfully yours, anuel Salinas Jr. Fernando Salinas Carlos Salinas ' (m .o. US1iLto Vi ia "Tina" Salinas Castillo —140— Exhibit C State School Park Property Naming Project To Manuel Q. Salinas Park Staff, Due Diligence Report April 14, 2010 On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park. The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting. Staff research noted the park property had not previously been named. It was only referenced as the State School Property Park or State School Park due to its proximity to the State School. Public notification signs were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18th Fifty -two neighborhood notifications were re- mailed March 12th. Thirteen notices were returned, undeliverable. Newspaper Public Notices were re -run on April 4th and 11th To date, there have been 3 names recommended for consideration. Staff continues to receive inquiries of interest. Staff Recommendation: At this time, staff cannot recommend any name for the State School Park Property. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming the schools. Staff requests the committee's approval for this process development with a progress report to be given at the May meeting. Ayt Stacie Talbert, Interim Director Parks and Recreation (361) 826 -3476 —141— Exhibit D ___ 1 _rte PARK RENAMING PROCESS for State School Park Property to Manuel Q. Salinas Park Due Diligence Report Check List 11 -23 -09 Director receives request form 12 -10 -09 Director receives permission letter to complete request Jan 13, 2010 PRAC informational presentation by request -ee or rep Jan 13, 2010 PRAC requests due diligence report (60 day process) Mar 10, 2010 PRAC receives due diligence report Item tabled due to error in notification date Apr 14, 2010 PRAC receives due diligence report and approves request, with agreement to suspend activity until process revision is complete ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Staff research of current name Research previously completed for Carl Lewis naming request. Is the current name just a sub - division name, NO Or was the park named for someone /something specific, NO Common name reference due to proximity of the State School Jan 21, 2010 Staff notified with information to order park signs Mar 10, 2010 Staff notified with information to order park signs Feb 2, 2010 Staff posts notification signs at park Mar 18, 2010 Staff posts notification signs at park Feb 8, 2010 Staff delivers informative fliers to park neighbors 52 fliers mailed — 10 returned undeliverable Mar 12, 2010 Staff delivers informative fliers to park neighbors 52 fliers mailed — 13 returned undeliverable Jan 21, 2010 Staff notifies City Secretary's Office to post Public Notices (2) Public Notice appears in Corpus Christi Caller Times newspaper on: Feb 28, 2010 and Mar 7, 2010 Mar 11, 2010 Staff notifies City Secretary's Office to post Public Notices (2) Public Notice appears in Corpus Christi Caller Times newspaper on: Apr 4, 2010 and Apr 11. 2010 Mar 8, 2010 Director receives all compiled due diligence information Apr 12, 2010 Director receives all compiled due diligence information -142- Exhibit D 11 • v„1 +NNIN lek saopuas 5upeaug6u3 Jo wouipodaa SVX31 LLSWHO snddoo JO )j N117d 311S 03S0dOeld 3SVHd `IN3ild073A30 Ale13dOdd MHOS 31V1S 070 1 3SVHd `X37dP100 SIdOdS MHOS 3IV1S 21 • (ON NOIldlt0530 31,10 'ON NOSIAMI 11 1011d11:0530 IWO 13/1 NOSIAM :ON !VON S !! 141F1411:41 "Ns .P4/ ett, k.• • tge*A,4k,#2440thifv. '4 4.. seweatu......m.ANNON. Page 1 of 2 ORDINANCE NAMING THE APPROXIMATELY 91.70 ACRES OF PARK LAND LOCATED NEAR INTERSECTION OF AIRPORT ROAD AT HORNE ROAD, THE MANUEL Q. SALINAS PARK. WHEREAS, the City of Corpus Christi Parks and Recreation Department has received a request to name approximately 91.70 acres of park land located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their January 13, 2010 regular meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the park on March 18, 2010 with legal notice about the proposed name change posted in the Corpus Christi Caller Times on April 4, 2010 and April 11, 2010; WHEREAS, the PRAC considered the request and voted to recommend the park property name change to the City Council at their April 14, 2010 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the approximately 91.70 acres of park land as depicted on the attached Exhibit A, and Exhibits B -1 and B -2, and located near intersection of Airport Road at Horne Road, is hereby named the Manuel Q. Salinas Park. Page 2 of 2 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 G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: May I �-, 2010 By: aCL' Lisa Aguilar` Assistant City Attorney Joe Adame Mayor **VW' it' 41,, mil+ . fit . '11., 0131 9 Y P�l Exhibit —149— 03 33 ccff 27. Pc,. 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CO a) a) E c 2 O L a) 1 — 0- a) a) o_ Ti o > "" U co 4E' o _c N E co a) Q a) co D (1) • January 13, 2010 PRAC Meeting • Public Notification ▪ March 18th: park signs posted • March 12th: neighborhood flyers mailed • April 4th and 11th: Caller Times notifications N O Q 0) co co U L co 2 a) L a) 4- O 0 0) a) CV U L co 2 • cn O U O N E F- a) CO 0 co .0_ CO to- o 0 co 2 O O CO E cn N p- • N a 0) u) N co Z L • A U) U a) O O I > I Q • - -a) O Q cn a) o c E a) E O O a) o_ 0 a) O a) 2 • • a) E O co co LL Information on Manuel Q. Salinas (1927 — 2007) Information provided by the Family of Manuel Q. Salinas O - o o CO 7 0 (0 cn .c7 a) E oc E LO J 0) A A 0- 0 0 U (/) u) O -I-. N. V)0) N -0 co O co O) O- �c cn. • Ecn N N 0_4_ CD CO o co cam To -0 u C 45 _C caTi = O Q OL 0- -o a) U- U) Co CO 0 -o 0 L N 0 0 O U) ca 0 ca N E co U) N •N 0 •O U) N 0 0 0• ca 0 J. A A co N co N N co O O ca U O -0 o }, 0 ca o c U O O -c 0 A A Latin Soccer U) 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: a. Resolution rescinding Resolution No. 028497 which established City's intention to reimburse itself from proceeds of obligations for authorized purposes related to demolition of Memorial Coliseum. City Council Action Date: May 25, 2010 b. Ordinance rescinding Ordinance No. 028498 which advanced up to $2,000,0000 from the No.1020 General Fund and appropriated into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to Memorial Coliseum demolition, and declaring an emergency. c. Ordinance appropriating $930,000 from the Unreserved Fund Balance in the General Fund No. 1020 for the demolition of the Memorial Coliseum; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $930,000. ISSUE: On February 23, 2010, the City Council voted to proceed with the demolition of the Memorial Coliseum, and City staff recommended the issuance of certificates of obligation to fund the demolition. Since that time, staff has reviewed the financial condition of the General Fund, specifically the unreserved fund balance, and determined that it would be more appropriate to utilize the General Fund unreserved fund balance for the demolition costs. A contributing factor to this recommendation is the fact that the issuance of the certificates of obligation would be for the demolition of an asset, rather than for the acquisition of an asset, which is the normal use of long term debt. Though the issuance of debt is a qualified funding mechanism for the demolition costs, since funds are available in excess fund balance in the General Fund in FY 09 -10, City staff is now recommending that the unreserved fund balance in.the General Fund be used to fund the demolition costs. Council action is needed to rescind the prior reimbursement resolution and ordinance advancing the funds for the demolition and is also needed to appropriate the funds out of unreserved fund balance in the General Fund. PREVIOUS COUNCIL ACTION: • February 23, 2010 - Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $2,000,000 for the prior lawful expenditure of funds from the proceeds of Obligations to be issued by the City for authorized purposes relating to the demolition of the Memorial Coliseum; authorizing matters incident and related thereto; and providing an effective date. • February 23, 2010 - Ordinance advancing up to $2,000,000 from the No. 1020 General Fund and appropriating into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to the Memorial Coliseum Demolition; providing for repayment of the advanced amount up to $2,000,000 to the No. 1020 General Fund from the sale of certificates of obligation. PREVIOUS COUNCIL ACTION (continued): • February 23, 2010 — Motion authorizing the City Manager or his designee to execute a construction contract with A &R Demolition of Del Valle, Texas, in the amount of $583,303 for the Memorial Coliseum Project for the Total Base Bid. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the resolution and two ordinances as presented. Constance P. Sanchez Interim Director of Financial Services e -mail: constancep @cctexas.com phone: (361) 826 -3227 —1 6 8 — Page 1 of 1 RESOLUTION RESCINDING RESOLUTION NO. 028497 WHICH ESTABLISHED THE CITY'S INTENTION TO REIMBURSE ITSELF FROM PROCEEDS OF OBLIGATIONS FOR AUTHORIZED PURPOSES RELATED TO DEMOLITION OF MEMORIAL COLISEUM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Resolution No. 028397 which established the City's intention to reimburse itself from proceeds of obligations for authorized purposes related to demolition of Memorial Coliseum is rescinded. SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST: Armando Chapa City Secretary APPROVED: May 19, 2010. Carlos Valdez City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 Page 1 of 2 ORDINANCE RESCINDING ORDINANCE NO. 028498 WHICH ADVANCED UP TO $2,000,000 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATED INTO THE NO. 3128 MEMORIAL COLISEUM DEMO 2010 CO FUND FOR EXPENDITURES RELATED TO MEMORIAL COLISEUM DEMOLITION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 028498 is rescinded. Ordinance No. 028498 advanced up to $2,000,000 from the No. 1020 General Fund and appropriated into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to Memorial Coliseum demolition. 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 May, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form May 19, 2010 By: Carlos Valdez City Attorney Page 2 of 2 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Page 1 of 2 ORDINANCE APPROPRIATING $903,000 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR THE DEMOLITION OF THE MEMORIAL COLISEUM; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $903,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $903,000 is appropriated from the Unreserved Fund Balance in the General Fund No. 1020 for the demolition of the Memorial Coliseum. SECTION 2. That the FY 2009 -2010 operating budget adopted by Ordinance No. 028252 is changed to increase expenditures in the General Fund No. 1020 by $903,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of May, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form May 19, 2010 By: Carlos Valdez City Attorney Page 2of2 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposed FY 2010 -2011 Operating Budget: General Overview STAFF PRESENTER(S): Name Title /Position 1. Oscar Martinez Assistant City Manager 2. Cindy O'Brien Interim ACM — Administrative Services 3. Constance Sanchez Interim Director of Financial Services 4. Eddie Houlihan Assistant Director - Budget Department OUTSIDE PRESENTER(S): Name Title/Position Organization 1. none ISSUE: The City Council must adopt the FY 2010 -2011 Operating. Budget prior to the beginning of the new fiscal year — August 1, 2010. This is the first of eight budget presentations that will be made over the next two months. '72 .211z Oscar Martinez, Assistant City Manager (361)826 -3897