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HomeMy WebLinkAboutAgenda Packet City Council - 06/15/20101s ■1111 111' MINIM 11:45 A.M. Proclamation declaring June 24, 2010 as "The Gospel Express — 15th Anniversary Celebration" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 95, 2090 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 wil! be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un intorprete inglr s- espar'iol en Codas las juntas del Concilio pare ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Florence Phillips, Ph.D., Unity By The Sea C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting June 15, 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 June 8, 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 the lease purchase of one (1) Skid Steer loader with attachments from Bobcat Company, of West Fargo, North Dakota for a total amount of $77,270.00. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Financing for the Skid Steer loader will be provided through the City's lease - purchase financing program. This unit is an addition to the fleet. (Attachment # 2) Agenda Regular Council Meeting June 15, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a professional services agreement for the services of a professional psychologist with Yaron G. Rabinowitz, Ph.D of Corpus Christi, TX, for an estimated amount of $641,800 of which $10,696.67 is required in FY 09- 10. The term of the agreement will be for five years. Funding is available in the General and Airport Funds for FY 09 -10 and will be requested in future fiscal years. (Attachment # 3) 4. Ordinance appropriating payments from Nueces County, in the amount of $15,500, from the City of Corpus Christi, in the amount of $31,000, and from San Patricio County, in the amount of $21,000, in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. (Attachment #4) 5. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $29,573.28 from the State of Texas, Criminal Justice Division for funding available under the Recovery Act - Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $29,573.28 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Recovery Act - Violence Against Women Act (VAWA) for overtime, training supplies, database to track assault victims, and mileage. (Attachment # 5) - 6. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $2,328,090 to the U. S. Department of Justice, COPS Office, for the COPS Hiring Recovery Program (CHRP) to hire 10 additional police officers within the Police Department and authorizing the City Manager or his designee to apply for, accept, reject, or terminate the grant. (Attachment # 6) 7. a. Resolution authorizing the City Manager or his designee to execute an amendment to the grant agreement with the Texas Commission on Environmental Quality (TCEQ) to add an amount of $258,270.74 Fiscal Year 2010 funds for air quality research, planning, and pollution prevention activities. (Attachment # 7) Agenda Regular Council Meeting June 15, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $258,270.74 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grant Fund for activities under (1) the air quality research and planning program, and (2) the pollution prevention partnership and educational outreach program. (Attachment # 7) c. Resolution authorizing the City Manager or his designee to execute Amendment No. 3 to the Interlocal Agreement with Texas A &M University- Corpus Christi (TAMUCC) to add an amount of $87,235 Fiscal Year 2010 funds reimbursable under TCEQ Grant 582 -8- 86230, to extend the pollution prevention partnership and educational outreach program. (Attachment # 7) d. Resolution authorizing the City Manager or his designee to execute Amendment No. 3 to the Interlocal Agreement with Texas A &M University — Kingsville (TAMUK) to add an amount of $149,903.34 Fiscal Year 2010 funds reimbursable under TCEQ Grant 582 -8- 86230, to extend the air quality research and planning program. (Attachment # 7) 8. Resolution authorizing the City Manager or his designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2010 -2011 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. (Attachment # 8) 9. Resolution dedicating resources, with the commitment of American Bank Center at a cost of $15,000, to support the City of Corpus Christi's Bid for the 2014 Joint Institute and Trade Show of the Texas Recreation and Park Society with the Texas Park and Wildlife Department and Southwest Region of the National Recreation and Park Association, to be held in Corpus Christi February 18 through February 21, 2014, and providing for an effective date. (Attachment # 9) Agenda Regular Council Meeting June 15, 2010 Page 5 10. 11. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager, or his designee, to execute a Water Arterial Transmission & Grid Main Reimbursement Agreement with Smith and Peterson Parties, Developers of Oso River Estates, Block 4, Lot 1, located south of South Padre Island Drive (SH 358) and east of Ennis Joslin Road extension, for the construction of a 12- inch waterline. (Attachment # 10) b. Ordinance appropriating $223,080.97 from the No. 4020 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Smith and Peterson Parties for the construction of a 12 -inch waterline extending from South Padre Island Drive (SH 358) to Holly Road, as specified in the Water Arterial Transmission and Grid Main Reimbursement Agreement. (Attachment # 10) a. Resolution approving a schedule of new and increased spay /neuter clinical charges. (TABLED ON 06108110) (Attachment # 11) b. First Reading Ordinance - Amending the following provisions of Chapter 6 the Code of Ordinances: Section 6 -27, entitled "Fees," to establish fees for the issuance of a three -year registration; Section 6 -28, entitled 'Term," to revise the section to include a new three -year registration; Section 6- 29, entitled "issuance and Wearing of Tag," to revise the fee for a replacement registration tag and establish a new fee for a replacement rabies tag; Section 6 -54, entitled "Fees," to revise permit fees; and Section 6 -126, entitled "Rabies Vaccination," to allow for a three -year rabies vaccine: creating new Section 6 -104 to establish fees for small animal traps and new Section 6 -105 to establish a dead animal pick -up service fee; providing for an effective date; providing for penalties; and providing for publication. (TABLED ON 06108110) (Attachment # 11) I, EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Agenda Regular Council Meeting June 15, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 12. 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: 13. Resolution approving the FY 2010 -2011 budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 13) 14. Motion authoring the City Manager or his designee to execute all documents necessary to lease 209 DataLux Mobile Data Computers from Austin Ribbon and Computer of Austin, Texas for four years for a cost not to exceed $1,665,874.04 over the four year term, of which $37,723.14 is required in FY 2009- 2010. Austin Ribbon and Computer is a State of Texas vendor number 174 - 233 - 9797 -900. (Attachment # 14) 15. Ordinance authorizing the City Manager to execute an amendment to the lease agreement with TRT Hotel Company LLC (now Omni Hotels Management Corporation) for use of McGee Beach Concession building to provide for schedule for concession operation, and provide for operation of restroom outside hours of concession operation in exchange for $10 per hour credit toward monthly rental payment; approving assignment of lease agreement to Omni Hotels Management Corporation. (Attachment # 15) L. SPECIAL BUDGET PRESENTATION:, Public comment will not be solicited on Presentation items. 16. Proposed FY 2010 -2011 Operating Budget: General Fund, Part 2 (Attachment # 16) Agenda Regular Council Meeting June 15, 2010 Page 7 M. OTHER PRESENTATIONS: Public comment will not be solicited on Presentation items. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Presentation regarding Storm Brush Removal Plan (Attachment # 17) 18. Destination Bayfront Project Update (To be considered at approximately 2:00 p.m.) (Attachment # 18) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE. AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting June 15, 2010 Page 8 P. ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES, (Refer to legend at the end of the agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,9 .4-6— P.m., on June 10, 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. City Council Goals 2009 -2011 • Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 8, 2010 - 10:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney*** Kevin Kieschnick Priscilla Leal* John Marez** Nelda Martinez Mark Scott *Arrived at 10:31 a.m. **Arrived at 10:52 a.m. *'"'Arrived at 12:05 p.m. 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 Eduardo Montemayor with Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kieschnick. 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 25, 2010. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 regarding the FY2010 -2011 Budget Strategy Session. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the strategies considered; strategy overview; the four day work week; purchasing /service contract evaluation; energy conservation; salary and compensation program comparison to other Texas cities; surplus property disposition; the budget suggestion website; privatization and consolidation business drivers, initiatives, issues, and strategies; collective bargaining strategies; retirement and pension strategies; health plan redesign; bad debt collection strategies; and new business practices. The following topics pertaining to this item were discussed: child care issues with the four day work week; whether employees were surveyed on the four day work week; the timeframe for the pilot program; results of the City of El Paso four day work week; the length of the City of San Antonio four day work week pilot program; estimated overall cost savings of the four day work week; if other cities that have converted to the four day work week always take off on Fridays; an analysis of the advantages /disadvantages of a Friday versus Monday off work schedule; if the cities of El Paso and San Antonio implement the four day work week at City Hall; an evaluation of customer and employee satisfaction after the four day work week pilot program; the level of service during holidays; traffic signal timing and coordination; conversion of vehicles to compressed natural gas; the sale of natural gas; a comparison of what other Texas cities are spending on salaries; status of the privatization —1— Minutes — Regular Council Meeting June 8, 2010 — Page 2 initiatives; cost of living adjustments; verification that all parks are owned by the City: suggestions by City employees; the use of volunteers; allowing the City to bid on potential privatizingloutsourcing opportunities; negotiations with the Police Union; the health plan redesign; receiving the data from Humana; increased utilization of the plan and the top five major conditions; how the City is going to educate employees on preventative care and decreasing costs; implementing a plan on health care goals, wellness, and decreasing costs for review in six months; changes to the health care plan to resolve the loop hole on utilization of non - participating facilities for chronic kidney disease; the total amount of bad debt; and developing a plan to aggressively collect bad debt. Mayor Adame called for a brief recess to present proclamations. * * * * * * * * * * ** Mayor Adame referred to Item 3 and the following board appointments were made: Board of Adjustment James L. Boller IV (Appointed) Corpus Christi Downtown Management District Eloy Salazar (Reappointed) George Clower (Reappointed) Mark Adame (Reappointed) David Loeb (Reappointed) Dan Richter (Reappointed) Glenn R. Peterson (Appointed) Casey Lain (Appointed) Rachelle Graham (Appointed) Nils Stolzlechner (Appointed) Dee Dee Perez (Appointed) Corpus Christi Regional Transportation Authority Judy Telge (Reappointed) John F. Longoria (Reappointed) John Valls (Reappointed) Mary J. Saenz (Reappointed) Vangie Chapa (Reappointed) Senior Companion Program Christie Martinez (Appointed) Brian Perez (Appointed) * * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 4 - 11). Ms. Doris Fillmore requested that Item 4 be pulled for individual consideration. Council members requested that Items 4 and 11 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 028621 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. RESOLUTION NO. 028622 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. Minutes — Regular Council Meeting June 8, 2010 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler. Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7. RESOLUTION NO. 028623 Resolution authorizing the City Manager or his designee to execute an Interloca! Agreement with the Flour Bluff Independent School District to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.a. RESOLUTION NO. 028624 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $219,256 from the Texas Department of Agriculture to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. RESOLUTION NO. 028625 Resolution authorizing the City Manager or his designee to execute an Interiocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.c. ORDINANCE NO. 028626 Ordinance appropriating a $219,256 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. ORDINANCE NO. 028627 Ordinance amending Ordinance No. 027968, by correcting the description of the abandoned and vacated right of way to a 61,038.00 square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right of way, out of a portion of the Botanical Gardens Park Unit 4, Volume 63, Pages 139 -140, Map Records of Nueces County, Texas, also being out of the Laureles Farm Tracts, Section 31, Volume 3, Page 15, Map Records of Nueces County, Texas, and a 5.17 acre tract described in Volume 2358, Page 343, of the Deed Records of Nueces County, Texas, being a portion of Section 31, of the Laureles Farm Tracts, recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Minutes — Regular Council Meeting June 8, 2010 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 10. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute "First Amendment to Lease Agreement" with New Cingular Wireless PCS, LLC to amend the existing lease of City property for Cell Tower use by: (1) defining the Consumer Price Index to be the All Urban Consumers, Houston - Galveston- Brazoria, All Items Index; (2) giving Lessee the right to grant "Co- Locating use Licenses" to portions of the leased premises; (3) requiring Lessee to pay the City an annual fee of $9,600 per Licensee; (4) replacing Lessee's name and address from Southwestern Bell Mobile Systems, Inc. to New CingularWireless PCS, LLC; and (5) keeping intact all other terms of the lease. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 4 regarding an agreement with West Oso Independent School District to provide the summer latchkey program. Interim Director of Parks and Recreation Stacie Talbert explained that the City is partnering with West Oso ISD to offer a latchkey summer program at a reduced rate for participants. Council Member Leal thanked the City for including West Oso as a latchkey program site. Doris Fillmore, 1721 Archdale, spoke in support of the latchkey program and thanked the City and Council Member Leal for recognizing the children from West Oso. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 028619 Resolution authorizing the City Manager or his designee to execute an Interiocal Agreement with the West Oso Independent School District to provide services for a summer latchkey program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.b. ORDINANCE NO. 028620 Ordinance appropriating $55,000 in the General Fund No. 1020 from revenue received from Latchkey Program in the West Oso Independent School District; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase estimated revenues and appropriations by $55,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 11 regarding new and increased fees for Animal Care Services. Program Manager for Animal Care Services Kelli Copeland explained that this item is requesting approval of new or increased charges for the spay /neuter clinic and ordinance amendments on fees for registration, permits, replacement tags, traps and dead animal pick -up services. Council Member Kieschnick spoke regarding the establishment of the dead animal pick -up service fee and the fee amount not being appropriate to offset the cost of the service. Ms. Copeland explained that originally a higher fee was proposed; however, staff negotiated a lower fee because —4— Minutes — Regular Council Meeting June 8, 2010 — Page 5 veterinarians were not happy with the City charging this new fee. Council Member Kieschnick recommended collecting a sufficient fee to offset the services provided by Animal Care. Council Member Leal asked questions regarding the original fee recommended by staff and the average cos: veterinarians charge their customers for disposing of euthanized animals. Ms. Copeland reported that staff originally recommended a fee of $10.00 for every three (3) dead animals picked up. Ms. Copeland added that the average cost veterinarians charge customers for this service is $25.00. Mr. Chesney made a motion to table Item 11 for one week to allow staff to evaluate the true cost of the dead animal pick -up. The motion was seconded by Mr. Kieschnick. The following motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.a. TABLED TO JUNE 15, 2010 11.b. TABLED TO JUNE 15, 2010 * * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 12. 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. 13. 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. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that no action was taken in executive session or will be taken in open session regarding Item 13. City Attorney Valdez announced that yesterday, Judge Klager signed a dismissal order to dismiss the case filed against the American GI Forum and the counter claim filed by the City of Corpus Christi. * * * * * * * * * * * * Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting June 8, 2010 — Page 5 Case No. 0410 -03, Champion Technologies, Inc. — A change of zoning from "1 -2" Light Industrial District to "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial use on property described as Starcrest Place 2, Block 5, Lots 18, 19 & 20, generally located at the northeast corner of the intersection of Santa Elena Street and Centaurus Drive, at 350 Centaurus Drive. Senior Planner Bob Payne referred to a presentation including an aerial view; zoning map; existing land use map; the "1 -2" and "1 -3" allowable uses; the future land use map; an oblique view; views of the subject property; Fire Department comments; and the site plan. Mr. Payne stated that the Planning Commission and staff recommended denial of the "1 -3" Heavy industrial District in lieu thereof approval of the "1 -2 /SP" Light Industrial District with a Special Permit, subject to a Site Plan and four (4) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 14. ORDINANCE NO. 028628 Amending the Zoning Ordinance, upon application by Champion Technologies, Inc., by changing the Zoning Map in reference to Starcrest Place 2, Block 5, Lots 18,19, & 20 from "1- 2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL142 above ground fuel storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage tank not to exceed 2,000 gallons and the use of above ground storage tanks, above ground blending vessels and storage containers for oilfield specialty chemicals, subject to a Site Plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0410 -04, Yorktown Oso Joint Venture: A change of zoning from "F -R" Farm -Rural District and "R -1C" One- Family Dwelling District to "R -1C" One- Family Dwelling District resulting in a change of land use from farm -rural to one- family dwelling use on property described as 5.347 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 17, 18, 31 and 32, and Rancho Vista Unit 3, Block 12, Lot 8 and a portion of Rodd Field Road and Cattlemen Drive, generally located south of Brown Drive, west of Ft. Griffen Drive, approximately 1,300 feet southwest of Yorktown Boulevard on the southeast side of Rodd Field Road. Senior Planner Bob Payne provided a brief overview of the requested zoning change and stated that there were no controversies regarding the zoning of the vacant property to "R-1C" One Family Dwelling District. Mr. Payne stated that the Planning Commission and staff recommended approval of the "R -1C" One- Family Dwelling District. Minutes — Regular Council Meeting June 8,2010 — Page l No one appeared in opposition to the zoning change. Ms. Martinez made a motion to dose the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028629 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture, by changing the Zoning Map in reference to 5.347 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 17, 18, 31 and 32, and Rancho Vista Unit 3, Block 12, Lot 8 and a portion of Rodd Field Road and Cattlemen Drive, from "F -R" Farm Rural District to "R- IC" One- Family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the Crime Control and Prevention District Budget: 16. Public Hearing on the FY 2010 -2011 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. Police Administration Manager Pat Eldridge referred to a powerpoint presentation including the continued focus on core programs and long term fiscal responsibilities; the assignment of officers; expenditures and revenues; and budget calendar. The following topics pertaining to this item were discussed: the year end funding balance comparison to previous years; attrition of officers; and the shortage of staff in the MetroCom area. No one appeared in opposition to the Crime Control and Prevention District Budget. Mr. Scott made a motion to close the public hearing, seconded by Mr. Chesney, and passed. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 17 regarding the Greenwood Library Remodeling and Improvements project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the history of the library; the site location; an aerial photo; the project scope; project schedule; and budget. The following topics pertaining to this item were discussed: the original architect for the Greenwood Library; the re- roofing of the facility; the reason this design contract could not be done in- house; the additional interior design work for a separate Children's Building; the number of architects on staff and the job description; the job order contract process; the dehumidification system; the total costs of the roof; reducing costs to leverage funds to improve the facility; the contract administration and engineering services costs; the procurement process; whether the project is within the budget approved by the voters; and the total amount of the project. Council Member Scott requested that staff explore the possibility of increasing staffing for architectural work in -house to reduce the amounts spent on consultant services. Minutes — Regular Council Meeting June 8, 2010 — Page 8 Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, spoke in support of the remodeling of the library and hoped that the library would have been expanded. Roland Garza spoke in support of the improvements to the library for west side neighborhood children. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 201 0 -127 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Solka Nava Torno Architects, of Corpus Christi, Texas in the amount of $199,559 for design, bid, construction phase and additional services for the Greenwood Library Remodeling and Improvements Project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 18 regarding the Street Overlays Group 2 project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; the project scope; the reasons for Change Order No. 4; a summary of previous change orders; project site; and costs. The following topics pertaining to this item were discussed: the replacement of storm water pipe in Change Order No. 1 and the full dept pavement repair for Flato Road. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2010-128 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $160,887.56 for a total restated fee of $1,793,608.17 for Street Overlays Group 2 for full depth repair of Wooldridge Road and Flato Road. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 19 regarding Yorktown Boulevard — Staples to Cimarron Improvements project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project costs; and the lab certification requirements. Roy Arais, representative for Arias & Associates, Inc., was available to respond to questions. The following topics pertaining to this item were discussed: the effluent lines at Bill Witt Park; the opening of a local laboratory by Arias & Associates, Inc.; the number of employees in the Arias local office; and how long Arias has had a local office. Mayor Adame called for comments from the audience. Roland Gaza spoke regarding the monitoring of effluent water. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2010 -129 Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Arias & Associates, Inc. of -8- Minutes — Regular Council Meeting June 8, 2010 — Page 9 Corpus Christi, Texas, in the amount of $71,383 for Yorktown Boulevard - Staples to Cimarron. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote. Adame; Adler, Chesney, Elizondo. Leal, Marez, and Martinez voting "Aye'; Kieschnick and Scott were absent. Mayor Adame opened discussion on Item 20 regarding Hopkins Road Drainage Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project schedule; and costs. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2010-130 Motion authorizing the City Manager or his designee to execute a construction contract with Relmco, Inc. of Hondo, Texas in the amount of $500,702 for Hopkins Road Drainage Improvements for the Total Base Bid Parts A and B plus Additive Alternate No. 2 Part D (Slough Road). (CIP FY 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 21 regarding the settlement agreement with the Nueces County Water Control and Improvement District No. 4 (District). Assistant City Manager Oscar Martinez reported that this item is required as part of the settlement agreement to reimburse the $0.03 surcharge intended to construct the line from the O.N. Stevens Water Treatment Plant to service residents on Mustang Island. Mr. Martinez stated that this item is for approval of the appropriation of funds and ratifying the payment made to the District. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. ORDINANCE NO. 028630 Ordinance appropriating $2,421,723.08 in the No. 4020 Mustang Island Construction Fund to return the escrow balance maintained by the City dedicated to the construction and installation of water transmission, pumping, storage, and other facilities necessary to furnish an adequate water supply of fresh, potable water to meet the needs of lands and users on Mustang Island in the future, with earned income, to Nueces County Water Control and Improvement District No. 4, as part of the mediated settlement of Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008- 1473 -UCR, SOAH Docket No. 582 -09 -1170. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting June 8, 2010 — Page 10 21. b. MOTION NO. 2010 -131 Motion ratifying the payment of $2,421,723.08 to Nueces County Water Control and Improvement District No. 4 in compliance with the mediated settlement of Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008- 1473 -UCR, SOAH Docket No. 582 -09 -1170. 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 23 regarding the Status of the Animal Care Division of the Corpus Christi _ Nueces County Public Health District. Kelli Copeland, Program Manager, referred to a powerpoint presentation including an organizational chart; vision and mission statement; front office staff and daily tasks; field staffing and daily tasks; calls per day and response time; call prioritization; kennel staff and daily tasks; the Low Cost Spay /Neuter Clinic staffing and accomplishments; the accomplishments of the Animal Care Department; and the goals for the future. The following topics pertaining to this item were discussed: the understaffing issues at Animal Care; the pit bull breed; bite and cruelty cases; the roles of the American Society forthe Prevention of Cruelty of Animals (ASPCA) officers; the need for a Cruelty Investigation; a comparison with other cities on staffing and programs; the spay /neuter clinic; the consequences to using the less expensive method for inducing animals for surgery; volunteering efforts; and partnering with other departments to enhance volunteer participation. Mayor Adame referred to Item 24 regarding a presentation of the FY2010 -2011 General Fund -Part 1. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the status of the mid -year budget adjustment; the FY2011 balanced budget recommendations; new revenues; the effective tax rate; the new and increased fees for Solid Waste Operations; new Health Department fees; other proposed new or increased fees; the utility transfer policy, methodology, and recommendation; and the proposed expenditures, continued and/or changed level of service for the for the General Government, Parks and Recreation, Libraries, and Neighborhood Services funds; and the budget calendar. The following topics pertaining to this item were discussed: the areas that contributed to the higher ending fund balance for FY2010; the effective tax rate; the estimated new growth; the effect of new growth as the result of abatements; the increase for alarm system permit fees; the various new and increase park and recreation fees; the percentage of utility transfer estimated for streets; changing the language of the utility transfer to use the transfer for a specific purpose; funding the demand for street improvements; Regional Transportation Authority funding for streets; the reason the City has not been recovering costs associated with services provided; a user fee revenue study; the voluntary utility contribution for the arts; the relocation of palm trees from Parkdale Plaza to the Neyland Library; and funding for a grants writer. Council Member Scott requested a report on the status of the voluntary utility contribution for the arts. * * * * * * * * * * * * * Minutes — Regular Council Meeting June 8, 2010 -- Page 11 Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding Animal Control and the agenda attachment links on the website. Foster Edwards. President'CEO of the Corpus Christi Chamber of Commerce, complimented the City staff for their clean up efforts after the storm last week. Mr. Edwards spoke regarding the Moody High School student competing at NAS in an underwater robotics competition; the graduation of the Leadership Corpus Christi graduation; city employee Jim Boggs awarded the "Alumnus of the Year; and recruitment for the new Leadership Corpus Christi Class. Council Member Marez asked staff to inform the public an the efforts for brush removal after a large storm or hurricane. Director of Public information Kim Womack advised the Council that a press release was issued to inform the public that the City will offer free storm debris collection at the J.C. Elliott Transfer Station. Council Member Chesney asked that an item be placed on the agenda on the status on hurricane preparedness. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:15 p.m. on June 8, 2010. * * * * * * * * * * * ** 2 Requested Council Action 6/15/10 Alternate Date 6/22/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of one (1) skid steer loader with attachments from Bobcat Company, West Fargo, North Dakota for a total amount of $77,270.00. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative ( TLGPC). Financing for the skid steer loader will be provided through the City's lease - purchase financing program. This unit is an addition to the fleet. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Funding: • f ■ • Michael: arrera Assistant Director of Financial Services (361) 826 -3169 mikeb rr:cctexas_com The skid steer loader will be used by the Tourist District construction crew to do site preparation for new sidewalks and staff to sweep sidewalks at Corpus Christi Beach and the seawall. The skid steer loader will be equipped with an auger, hydraulic breaker, landscape rake, pallet forks, 84" sweeper, and vibratory loader and drum. The skid steer loader with attachments will be purchased through the cooperative purchasing agreement with TLGPC. The TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Valley Ditch Witch, Corpus Christi, Texas, will be the delivering, service, and warranty dealer. The skid steer loader will be funded for a thirty-six month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $27,170.04. Total estimated cost over the three year period, including principal of $77,270.00 and interest of $4,240.12 is $81,510.12. Skid Steer Loader FY 2009 -2010 Tourist District 1020- 12915- 530190 $0.00 Capital Outlay Item Nos. A -20e The skid steer loader is scheduled for delivery in August 2010. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY 2010 -2011. !MI PJ8MV i 1 1 1 1 I 1 1 1 VI < co �,'�na ) flY - {p 0 = "1 • g - E a -1 0 co c. 3 wal C 7 m cn 9 - r g v 8 5 r° m ❑ m 2 ° 2 o m P. m m m 0 0 f ED n 2 a r 0 0GvrnC) NOIIdI#0530 D C a m Q - 0 fl1 • Q P 3 z'0 o O 01 0 CO 20 am cn w2 1, RI -1 3 Requested Council Action: 06/15/10 Alternate Date: 06/22110 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a professional services agreement for the services of a professional psychologist with Yaron G. Rabinowitz, PhD of Corpus Christi, TX, for an estimated amount of $641,800 of which $1 0,696.67 is required in FY 09 -10. The term of the agreement will be for five years. Funding is available in the General and Airport Funds for FY 09 -10 and will be requested in future fiscal years. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: Purpose: Qualifications: In July of 2008, City Council approved a three -year contract for professional psychologist services with M. Dee Koch, Ph.D. Dr. Koch has provided the City notice that he is retiring after 32 years of providing professional psychologist services under contract to the City of Corpus Christi (City). Thus, it is necessary to secure these services from a new provider and under a new agreement. This service agreement will provide professional psychologist services specific to the needs of recruits and sworn officers in the Police, Fire and Aviation departments. Services will consist of counseling related to personnel issues, work stress, critical incidents and use of lethal force. The professional psychologist will determine if candidates for sworn officer positions may be certified as psychologically fit to perform required duties and will interview candidates to assess their psychological fitness to serve on the SWAT and Hostage Negotiation teams. Pursuant to the requirements for this service, as prescribed by the Texas Commission on Law Enforcement Officer Standards & Education, the psychologist must be licensed by the Texas State Board of Examiners of Psychologists. Dr. Rabinowitz is so licensed. Dr. Rabinowitz earned his undergraduate degree from Harvard University, a Master's degree from Stanford University and second Master's degree and his Ph.D from Pacific Graduate School of Psychology. He has extensive experience in assessment of personnel, leadership development, intelligence acquisition and human performance research for numerous government and Department of Defense agencies, including, but not limited to: the U. S. Army's John F. Kennedy Special Warfare Center & School and the U.S. Army's Special Operations Command where he primarily provided services to Special Forces and Special Operations Command units. Dr. Rabinowitz was chosen, based not only on Dr. Koch's recommendation, but on the basis of demonstrated competence and Award Basis: Pricing Analysis: Funding: Requested Council Action: 06/15/10 Alternate Date: 06 /22/10 qualifications to perform the services for a fair and reasonable price. Pursuant to the exemption for the procurement of professional services set forth in Section 252.022 (4) of Chapter 252 of the Local Government Code, the City negotiated a professional psychologist agreement with Yaron G. Rabinowitz, Ph.D. Fees for services are detailed in Exhibit B of the attached contract and are fair, reasonable and consistent with local market prices for the provision of the psychological services that are the subject of the service agreement recommended herein. Funding is budgeted and available in the General and Airport Funds as follows: General Fund Police 1020 - 11700- 530000 (1 month) $9,450.00 Fire 1020- 12000 - 530000 (1 month) $1,166.67 Airport Fund 4610 - 35050- 530000 (1 month) $80.00 FY 09 -10 $10,696.67 Michael Barrera Assistant Director of Financial Services 361 -826 -3169 mikeb @cctexas.com AGREEMENT The following AGREEMENT is between the City of Corpus Christi, a Texas home -rule corporation (hereinafter referred to as "City ") acting through and by its duly authorized City Manager or designee, and Yaron G. Rabinowitz, Ph.D., a psychologist (hereinafter referred to as "Psychologist ") whose business office is located at 6838 Boardwalk Avenue, Corpus Christi, Texas. WITNESSETH City and Psychologist, in consideration of the mutual covenants and agreements contained herein, do hereby consent as follows: 1. Service and Materials. Psychologist shall provide to the City services and materials set out in Exhibit A, as directed by the Corpus Christi Chief of Police (hereinafter referred to as "Chief of Police ") in accordance with Corpus Christi Police Department (hereinafter referred to as "CCPD ") requirements; as directed by the Corpus Christi Director of Aviation (hereinafter referred to as "Director of Aviation ") for purposes of the airport security officers; and as directed by the Chief of the Corpus Christi Fire Department (hereinafter referred to as "Fire Chief ") in accordance with Corpus Christi Fire Department (hereinafter "CCFD ") requirements. All services must be performed in a professional manner. All matters not covered in detail must be performed in a manner consistent with the standards now prevailing In the discipline of professional psychology. 2. Term. This AGREEMENT commences on the date signed by the last signatory hereto and continues for five years thereafter. The schedule of services to be performed will conform to the reasonable needs of the Chief of Police, CCPD, the Director of Aviation for the airport security officers, and the Fire Chief for CCFD. If a new agreement is not executed prior to expiration of this agreement, Psychologist agrees to continue providing the services described herein, at the rates set out herein, on a month -to -month basis, for a period not to exceed six months. 3. Fees. As set out in Exhibit B, Fee Schedule, the City shall make payment to Psychologist for services provided. Payment terms are net 30 days from date City is in receipt of a valid invoice. 4. Records and Payment. Psychologist will keep and maintain records in a professional manner, to include time sheets, documenting hours worked and services rendered. Psychologist shall present such time sheets and an accompanying invoice to City on a monthly basis as a prerequisite to City remitting payment for same. 5. Assignment. This AGREEMENT is not assignable by either party without the prior written consent of the other party. 6. Severability. If a provision of this AGREEMENT is declared or found to be illegal, unenforceable by law or void, neither party shall thereby be relieved of any remaining obligations under this AGREEMENT. If capable of performance, both parties shall honor the remainder of said AGREEMENT and said remainder shall be unaffected by such declaration or finding of illegal, unenforceable or void provision(s). 7. Venue. All amounts due and obligations performed under this AGREEMENT shall be paid and performed in Nueces County, Texas, and all questions arising hereunder shall be construed and resolved according to the laws of the State of Texas. 8. Amendment. Except as otherwise provided herein, this AGREEMENT may only be amended with the mutual consent of, and executed by the duly authorized agents of all parties. 9. Termination. This AGREEMENT may be terminated at any time and for the convenience of either party by providing written notice to the other party of intent to terminate, at least thirty (3O) days prior to the effective date of said termination. 10. Compliance. This AGREEMENT shall in no way affect Psychologist's professional and legal obligations to comply with all federal, state and local laws, ordinances and codes. 11. Authority. All powers not explicitly vested in Psychologist by this AGREEMENT remain with the City. SIGNED IN TRIPLICATE ORIGINALS, EACH OF EQUAL FORCE AND EFFECT. YAR G. RABINOWITZ, Ph. D. Y ron G. Rabinowitz, Ph. D. CITY OF CORPUS CHRISTI, TEXAS AN 1\L 'N t Date Michael Barrera Date Assistant Director of Financial Services APROVED AS TO FORM: day of , , 2010: Lisa Aguilar Interim City Attorney by Veronica Ocanas Assistant City Attorney EXHIBIT A Licensure Requirements • The professional psychologist must be licensed by the Texas State Board of Examiners of Psychologists. Scope of Services for Professional Psychologist • Interview applicants to identify individuals who will become long -term successful police officers, firefighters, airport public safety officers, crime scene technicians, and MetroCom dispatchers with the City of Corpus Christi. Provide that the recommended individuals are certified as psychologically fit to perform the duties of police officer. • Interview officers who are candidates for a position on SWAT, Hostage Negotiation Team, Peer Counseling, or other special assignment to make recommendations to the Chief of Police. • Provide counseling to officers who are suffering from work stress. • Provide support services for officers who have used lethal force. • Interview /counsel officers who have been involved in a critical incident, including firearm discharges, to make recommendations to the Chief of Police for return to duty. • Perform fitness -for -duty evaluations and make timely written recommendations for return to duty. • Provide in- service training and police cadet academy training classes as requested. • Be available for consultation 24 hours a day, 7 days a week. • Be available by cellular telephone. • Work in conjunction with Police Administration to determine what testing materials will be administered for each position. Police Administration will administer the tests and process for scoring. The Psychologist will retain the test results. The Psycholo ist will: • Report to the Chief of Police, Fire Chief, or Chief of Airport Police. • Provide pre - notification to Chief of Police if psychologist will be out of cellular telephone range. During periods of psychologist's absence, arrange for provision of services described herein by alternate licensed psychologist/psychiatrist and provide notice of such alternate at least one business day prior to date of psychologist's absence. • Provide services specified herein at an office located in convenient proximity to the Corpus Christi Police Department's headquarters. • Be available for testimony regarding any matter or action, in court or for City grievances, brought against the City or Police Department in which psychologist was involved. Court fte timony is defined as 41e time aactn2lly provid'.^g testimony in a court of law . ,r in ..y a deposition. • Submit invoice to the City for all services provided. Invoices will include period of time covered by the invoice, explanation of services provided, number of hours expended, fee- per-hour, extended amount and the service provided. Invoices will be submitted on a monthly basis. —23— EXHIBIT B FEE SCHEDULE ITEM FEE PER HOUR Personnel Assessment and Selection Interview $150.00 Test Interpretation $150.00 Feedback to Chief $50.00 Administrative Work $50.Q0 Teaching Classes $50.00 Performance Enhancement Leadership Development First Individual Session Follow Up Session Group Feedback/Instruction Clinical Work Intake Interview /First Session Follow Up Sessions Training and work (non selection or clinical) with HNT /SWAT Court Testimony $150.00 $100.00 $50.00 $150.00 $100.00 $50.00 $100.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 15, 2010 AGENDA ITEM: Ordinance appropriating payments from Nueces County, in the amount of $15,500, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board; and declaring an emergency. ISSUE: The City of Corpus Christi, the County of Nueces, and the County of San Patricio provided funding for the 2009 -2010 fiscal. Before the funds can be used they must be appropriated. REQUIRED COUNCIL ACTION: The City must appropriate funds for the Regional Health Awareness Board. PREVIOUS COUNCIL. ACTION: Acceptance and appropriation of funds in the amount of $23,250.00 received from Nueces County and the City of Corpus Christi on February 9, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of funds to be used by the Regional Health Awareness Board. Margie C. ose Assistant City Manager margier@cctexas. co m (361) 826 -3232 Attachments Susan Utley, Program C ordinator Regional Health Awareness Board susanu(cctexas.com (361) 826 -3370 BACKGROUND INFORMATION The Regional Health Awareness Board (RHAB) is supported through an Inter -local Agreement by the City of Corpus Christi, Nueces County, and San Patricia County. The purpose of the RHAB is to ensure that opportunities exist for quality dialogue by the citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. The RHAB functions as an independent committee to coordinate and enhance awareness of the various existing forums for community dialogue, and it serves as a clearinghouse for ensuring that inquiries are addressed in the appropriate forum. The City of Corpus Christi is the Fiduciary Agent of the RHAB. The purpose of the funds is to support the mission and goals of the RHAB. AN ORDINANCE APPROPRIATING PAYMENTS FROM NUECES COUNTY, IN THE AMOUNT OF $15,500, FROM THE CITY OF CORPUS CHRISTI, IN THE AMOUNT OF $31,000, AND FROM SAN PATRICIO COUNTY, IN THE AMOUNT OF $21,000, IN THE NO. 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR SERVICES TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Payments from Nueces County, in the amount of $15,500, from the City of Corpus Christi, in the amount of $31,000, and from San Patricio County, in the amount of $21,000, are appropriated in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 1, 2010 Elizabeth R. Hundley Assistant City Attorney for the City Attorney Eliord302 _29_ 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. Respecffully, Respecffully, 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 EHord3O2 —30— 5 CITY COUNCIL AGENDA MEMORANDUM Date: 06/15/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $29,573.28 from the State of Texas, Criminal Justice Division for funding available under the Recovery Act — Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit and to execute all related documents. B. Ordinance appropriating $29,573.28 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Recovery Act — Violence Against Women Act (VAWA) for overtime, training supplies, database to track assault victims, and mileage, and declaring an emergency. ISSUE: Funding has been awarded and City Council must accept the grant and appropriate the funds. BACKGROUND INFORMATION: Recovery Act funding will assist in developing and strengthening effective law enforcement and prosecution strategies to combat violent crimes against women and to develop and strengthen victim services in such cases. The program will conduct trainingslpresentations to enhance the public awareness campaign, educate law enforcement, first responder dispatch operators, and court personnel, conduct victim home visits and call out victim services. REQUIRED COUNCIL ACTION: Accept the application and appropriate the funds, FUNDING: The grant will provide 500 overtime hours and benefits for two existing victim case managers, presentation and training supplies, a database to track victim assaults, and mileage. There is no match required by the City. The grant project period will begin on or after April 1, 2010, and will expire on or before March 31, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police Troyrftcctexas.com 886-2603 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: EF- 09 -V30- 23042 -01 Program Fund: EF- 16.588 Stimulus (2009 ARRA) - Violence Against Women Formula Grant Program Grantee Name: PREVIEW - Corpus Christi, City of- PREVIEW - Project Title: - Victim Assistance Program Grant Period: 04/01/2010 - 03/31/2011 Liquidation Date: 06/29/2011 Date Awarded: May 26, 2010 CJD Grant Manager: Mary Hightower CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $29,573.28 $0.00 $0.00 $29,573.28 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in cGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has . satisfied The requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund - Specific Requirement(s): 1 Revise resolution_ The resolution must specifically identify the project for which funding it requested. Currently, only the grant is identified along with the police unit utilizing the funds. Additionally. the authorized grant official must be one person such that the City Manager may be designated but not the City Manager and his designee. ORDINANCE APPROPRIATING $29,573.28 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE RECOVERY ACT - VIOLENCE AGAINST WOMEN ACT (VAWA) FOR OVERTIME, TRAINING SUPPLIES, DATABASE TO TRACK ASSAULT VICTIMS, AND MILEAGE; AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $29,573.28 is appropriated from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Recovery Act - Violence Against Women Act (VAWA) for overtime, training supplies, database to track assault victims, and mileage. 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 June, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form June 9, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/1512010 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application In the amount of $2,328,090 to the U. S. Department of Justice, COPS Office, for the COPS Hiring Recovery Program to hire 10 additional police officers within the Police Department and to execute all related documents. - ISSUE: Funds are available through President Obama's Economic Stimulus Package to hire additional police officers. The grant application is due June 16 and requires City Council action prior to submission. BACKGROUND: The COPS Hiring Recovery Program (CHRP) is a competitive grant program designed to address the full -time sworn officer needs of state, local, and tribal law enforcement agencies nationwide. CHRP provides funding directly to law enforcement agencies to hire new andlor rehire career law enforcement officers in an effort to create and preserve jobs, and to increase their community policing capacity and crime- prevention efforts. • CHRP grants will provide 100 percent funding for approved entry -level salaries and fringe benefits of full -time officers for 36 months of grant funding. • There is no Iocal match requirement for CHRP; however, grant funding requests must be based on the current full -time entry -level salary and fringe benefits package of an officer. • Grantees must retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months following the 36 -month grant period. The retained CHRP funded position(s) should be added to the grantee's law enforcement budget with state andlor local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant. • Officers will be used to enhance our community policing capabilities REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: There is no Iocal cash match. The grant will only pay for entry level salaries for officers and the City must pay for the academy costs estimated $242,710. The academy will begin August 2011 and the officers will graduate January 2012. The grant will pay 100% for 3 years with the City assuming funding in January 2015, estimated annual cost $789,936, CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. D. Troy Riggs Chief of Police 886-2603 T royrCa7 cctexas. co rn Attachments: Grant app4icatlon -39- Community Policing Plan Narrative a. Community partnerships and support, including consultation with community groups, private agencies, and /or other public agencies: CCPD's CPS implementation reflects the philosophy of neighborhood problem solving with heavy interaction, partnerships, and education between police officers, government, nonprofits, businesses and residents. CCPD focuses energy on crime prevention and builds community resources to abate issues before they erupt and reduce fear. CCPD police officers actively participate in scores of collaborative community partnerships to develop solutions, increase trust, and allay fear of crime. Some year -round efforts include CCPD's participation in: Other government: • Port Security Working Group /Area Maritime Security Committee with Port of CC, U.S. Coast Guard and others to plan and protect Sector Corpus Christi. • South Texas Gang Task Force — with other area law enforcement to identify /reduce gang activities. • Coastal Bend Council of Governments — as COG member and on Public Protection Committee Agencies: • Law Enforcement Competition as co-host with Del Mar College for students in Police Explorers Program. Community: • Community festivals, like the Back- to-School Weed & Seed Festival. • School presentations, assemblies, job fairs, classrooms visits, and other educational outreach activities. • Community outreach to encourage anonymous tips about crimes. • Community projects and fundraisers to help raise funding for area nonprofits. • Corpus Christi Police Athletic League to keep kids involved in wholesome activities off the streets. • Corpus Christi Law Enforcement Fishing Tournament to get kids and parents in family - oriented activities. Members/Groups: • Area school board meetings, as requested. • Graffiti Clean -Up Task Force. • Operation ID program. Nonprofits/Service: • Nonprofit boards/committees, like Corpus Christi Metro Ministries Board of Directors. • Service organization presentations (i.e. Lions Clubs, Boy Scouts, Girl Scouts, and Padre island Business Association), as requested. • Homeless Issues Partnership advocacy group meetings. Providers: • Corpus Christi Chamber of Commerce meetings and functions. • Leopard Street Corridor meetings. • BoldFuture of the Coastal Bend planning, visioning, and implementation groups. Private Business: • Texas A&M University and Del Mar College activities. • Internet emails to the business community. Media • Kill-TV Channel 3 partnership for "Save Our Streets Grant," including "Tips for Firearms" and "Crime Stoppers." • Area television, radio stations, newspapers, and print media for regular releases of information and emergency support during crisis. • CCPD website, which is part of the City of Corpus Christi's website. b. Related governmental and community initiatives that complement your agency's proposed use of COPS funding: CCPDICity consistently realigns organizational management, structure, personnel, and information systems to support CPS /COPS goals. 1) Agency Management: 7109... CCPD staffing study recommends reorganization to increase direct neighborhood patrols and expand patrol force by up to 115 officers. This action furthers efforts made since 1997 to realign CCPD resources for effective implementation of CPS /COPS. 10109... After nationwide search, the City hired D. Troy Riggs as Chief of Police. Chief holds meetings with residents, officers, CC Police Officers Assn., civilian CCPD employees, and community leaders to discuss CCPD issues, support transparency, and increase resources to handle public information requests 24/7 via media. Two primary goals are "reduce crime and reduce the fear of crime." 11109... CCPD earns CALEA accreditation assuring policy /directive quality and adherence. 2) Organizational Structure: 10109... Chief reorganizes leadership, promoting 3 officers to build foundation for increased CPS/COPS implementation. 11109... Chief establishes Reorg Teams to id problems, suggest solutions, and improve accountability. Teams include 45- members, of which 19 are citizens from community, legal profession, nonprofits, Crime Control board, Port of CC police, businesses, schools/universities, and County police. 1110... Per Reorg Teams' suggestion, Chief transfers 41 officers to Uniform Patrol Division, increasing CPS focus, centralizing command, and better engaging community to prevent, reduce, and minimize fear of crime. Chief reassigns 3 of 6 Commanders to challenge and cross -train them (i.e. despecialization). Chief creates CALEA Office of Accountability. 6110... City Council adopts resolution and commits funds to sustain 10 COPS direct patrol positions for at least 1 year after grant ends. 3) Personnel: • Recruitment ongoing to fill vacant budgeted and potential new positions, although CCPD is in unofficial hiring freeze due to budgetary concerns. • CCPD budget cuts delay January 2011 Police Academy until August 2011. By then, CCPD expects 22 openings due to attrition (1'/x position per month). • Chief initiates Comstat accountability; Captains of 4 Patrol Districts to conduct regular meetings to review street crime scats. • Chief realigns Commanders to challenge and increase overall command knowledge. • Chief creates Office of Accountability for CALEA maintenance. • Chief initiates Employee of the Month recognitions to boost morale. • Chief holds Banquet to honor Employee of the Year. 4) Information Systems: • Chief plans to raise $2 million for needed in -car video systems. • All patrol units have mobile data computers. • CCPD continues operating regional 800 Mhz interoperable, multijurisdictional Radio System. • With 50% Project 25 radio compliance, Chief sets 2013 goal for 100% radio compliance. • Comstat data sharing improves data quality /sharing and helps identify crime trends/patterns, prevent/stop crimes, and reduce fear of crime. c. Organizational transformation — how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvement in and commitment to community policing. CCPD will use COPS funds to enhance existing involvement in and commitment to CPS. Ten new sworn officers will free up experienced officers for more citizen involvement and problem solving. CCPD's current CPS initiatives include the 45- member CCPD/Public Reorganization Teams; directed patrol officers; the graffiti task force; the gang enforcement unit; the campus crime stoppers program; and the TIPS program. CPS principles also apply to CCPD's Juvenile Enforcement Team; narcotics, vice/canine units; Internet crimes/sexual predator unit; and juvenile assessment center. Other enhanced investigative/enforcement capabilities include the automated pawn shop detail unit and the capacity for improved communications to the field officers via enhanced mobile data terminals that are installed in each police car. COPS funding will complement current realignment efforts, such as the Chiefs January 2010 move of 41 existing officers to the Uniform Patrol Division. The 10 new CCPD officers hired through the COPS program will further efforts to increase the number of CCPD officers working the streets, helping to fulfill the July 2009 staffing study recommendation. Further, the funding from COPS will help the CCPD continue to grow in strength in spite of continuing local economic pressures to constrict and reduce services. This year, local sales tax is down 11.16% and the City faced a $16 million budget shortfall due to this sales tax loss. Interest from City - budgeted projects is also down $145,280 from budgeted projections; and development revenues are down another $89,185. These factors forced CCPD into unofficial hiring freeze. Also, it delayed January 2011 Police Academy until August 2011 to cut $250,780 from CCPD's current budget. By that date, CCPD projects 22 positions will be vacant due to attrition. CCPD is challenged daily to increase efficiency and meet growing public safety needs within a somber economic growth environment. COPS funding will enhance CCPD's involvement in and ability to deliver effective community policing to Corpus Christi citizens in spite of the current financial downturns. COPS funding is critical, too, to ensure that CCPD will be fully staffed and ready to protect lives and property and thus allay fears should the community be faced with a hurricane or other environmental or manmade disaster. The City lies adjacent to the Gulf of Mexico and is often in the direct path of hurricanes. CCPD also helps provide layered protection to the Port of Corpus Christi. As a Tier II Military transport approved port, the Port of CC is the sixth largest port in the nation and the deepest inshore port on the Gulf of Mexico. Lam. • r M 0 ..r [ri 0 • -■■ COPS Application Attachment to SF-424 Section 14B: BUDGET DETAIL WORKSHEETS 1 rrR 3 1 H • a P4 44 ti 6 N m • • • fA • O 8 1 1 $ Y moo; i 4. N I 3 o u u a Q1 f0 r0 K • • • • 69 • • K • 4, • rA u� n 0 b W 0 64 • 0 H • 0 • 0 43 • 0 • 0 • 0 w 0 43 0 K 0 z fA H K v3 H V3 CIS w 0 0 iR 9' 0 4.4 ••• 0 0 V! 0 ++r 0 „if 1 0 0 err. r, 0 ..0r� °. 4, iA 0 11] c'r —46— rs K 1 i9 '4 0 r B 8 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $2,328,090 TO THE U.S. DEPARTMENT OF JUSTICE, COPS OFFICE, FOR THE COPS HIRING RECOVERY PROGRAM (CHRP) TO HIRE 10 ADDITIONAL POLICE OFFICERS WITHIN THE POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $2,328,090 to the U.S. Department of Justice, COPS Office, for the COPS Hiring Recovery Program (CHRP) to hire 10 additional police officers within the Police Department. 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 U.S. Department of Justice, COPS Office funds, the City of Corpus Christi assures that the funds will be retumed to the U.S. Department of Justice COPS Office in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: June 9, 2010 Joe Adame Mayor T. Fisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06115/10 AGENDA ITEM: a. Resolution authorizing the City Manager or designee to execute an amendment to the Grant Agreement with the Texas Commission on Environmental Quality (TCEQ) to add an amount of $258,270.74 Fiscal Year 2010 Funds for air quality research, planning, and pollution prevention activities b. Ordinance appropriating $258,270.74 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grant Fund for activities under (1) the Air Quality Research and Planning Program, and (2) the Pollution Prevention Partnership and Educational Outreach Program c. Resolution authorizing the City Manager or his designee to execute Amendment Number 3 to the Interlocal Cooperation Agreement with Texas A &M University - Corpus Christi (TAMUCC) to add an amount of $87,235.00 Fiscal Year 2010 Funds reimbursable under TCEQ Grant 582 -8 -86230 to extend the Pollution Prevention Partnership and Educational Outreach Program d. Resolution authorizing the City Manager or his designee to execute Amendment Number 3 to the Interlocal Cooperation Agreement with Texas A &M University, Kingsville (TAMUK) to add an amount of $149,903.34 Fiscal Year 2010 Funds reimbursable under TCEQ Grant 582 -8 -86230 to extend the Air Quality Research and Planning Program ISSUE: The City of Corpus Christi has served as the administrator for state funded air quality grants since the mid- 1990s. The most recent biennial TCEQ grant No. 582 -8 -86230 was executed in November 2007. The term of the grant has been administratively extended twice and is scheduled to expire August 31, 2010. The attached TCEQ agreement provides additional funds to the current grant in order to continue the air quality activities through August 31, 2010. REQUIRED COUNCIL ACTION: Approval of resolution for agreement execution and approval of ordinance to appropriate grant funds and approval of resolutions to amend agreements with Texas A &M — Corpus Christi and Texas A &M — Kingsville. PREVIOUS COUNCIL ACTION: Resolution No. 027501 - Council approved the resolution authorizing the City Manager to execute TCEQ grant 582 -8 -86230 for a total of $884,600 on November 20, 2007. Ordinance No. 027502 - Council appropriated $884,600 from the TCEQ grant 582 -8 -86230 on November 20, 2007. —51— CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the - olutions and ordinance as presented. Pe• y L. irr, ''� M, CFM Environmen al Services Director PeggyS @cctexas.com 826 -1868 Attachments 1. TCEQ Contract No. 582 -6 -86230 Amendment No. 3. 2. TAMU- Corpus Christi Interlocal agreement Amendment No. 3. 3. TAMIJ- Kingsville lnterlocal agreement Amendment No. 3. BACKGROUND INFORMATION The TCEQ is providing additional grant funding to Texas cities nearing non- attainment of the National Ambient Air Quality Standards (NAAQS) for ozone to fund activities through the end of TCEQ's fiscal year. The state funding program began in FY 96 -97. Approximately every two years, the state has provided grant funding for air quality purposes to the City. Rider No. 8 funding was provided to the FY 08 -09 TCEQ budget which has funded the City's current agreement with the state, contract No. 582 -8- 86230. The term of this agreement has been administratively extended twice and will terminate at the end of the state fiscal year; August 31, 2010. Since almost all of the previously appropriated funds have been utilized, TCEQ is amending the current agreement with additional funding of $258,270.74. The City serves as the prime contractor with TCEQ and subcontracts the research portion of the air quality work in Nueces and San Patricio Counties to Texas A &M University- Kingsville (TAMUK). Texas A &M University - Corpus Christi (TAMUCC) subcontracts with the City for air quality public education and outreach programs such as the AutoCheck. The additional funding of $258,270.74 will be distributed as follows: $149,903.34 Air Quality Monitoring and Modeling —TAMUK $ 87,235.00 Planning, Education and Outreach Activities - TAMUCC $ 21,132.40 General Management and Administration- City of Corpus Christi $258,270.74 Total Environmental Services staff has been working closely with TCEQ and the two universities to develop a work plan for a subsequent biennial grant to become effective on September 1, 2010. The work plan consists of detailed activities which will integrate into the state's comprehensive air quality plan. Attachment I Page 1 of 12 AMENDMENT OF THE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AMENDMENT NUMBER 3 The Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (the Performing Party) agree to amend Grant Agreement Number 582 -8 -86230 in order to supplement the original work plan, and increase the maximum amount reimbursable under this grant to $1,142,870.74 by adding Fiscal Year 2010 funds as authorized by the Genera[ Appropriations Act, 81' Legislature, TCEQ Rider 8. 1. EFFECTIVE DATE The effective start date for this amendment is May 1. 2010. 2. WORK PLAN The Work Plan, as described under Article 1.3 and included in the Grant Agreement as Attachment B, is supplemented by the addition of Attachment C, "Work Plan for Fiscal Year 2010 ", is included and has the full force and effect of the contract. 3. MAXIMUM AMOUNT OF REIMBURSEMENT Article 23 of the Grant Agreement is amended to read as follows: 2.3. The maximum amount of reimbursement to be provided by TCEQ for the completion of the Work shall not exceed eight hundred eighty four thousand six hundred dollars and no cents ($884,600.00) during the 2008 -2009 fiscal years, unless the parties amend this amount in accordance with the Contract Documents. In accord with the language of Rider 8 to TCEQ's appropriation, in the General Appropriations Act 2008 -2009 Biennium Conference Committee Report on House Bill 1, the maximum amount appropriated for the 2008 -2009 biennium will be divided into two equal amounts related to each fiscal year of the biennium. Thus, the maximum amount of reimbursement available in Fiscal Year 2008 is four hundred forty two thousand three hundred dollars and no cents ($442,300.00) and the maximum amount of reimbursement available in Fiscal Year 2009 is the balance of the grant not paid in Fiscal Year 2008. In accordance with the language of Rider 8 to the TCEQ's appropriation, in the General Appropriations Act 2010 -2011 Biennium Conference Committee Report on Senate Bill 1, the maximum amount reimbursable in fiscal year 2010 is two hundred fifty eight thousand two hundred and seventy dollars and seventy four cents ($258,270.74) during the 2010 fiscal year, The addition of the $258,270.74 for FY2010 is for the purposes of implementing the Work Plan (see Attachment C) only and may not be used to fund activities in prior fiscal years. Attachment 1 Page 2 of 12 All other conditions and requirements of Grant Agreement Number 582 -8 -86230 remain unchanged, and shall apply to alI services specified herein just as if those services had been included in the original scope of services of this Grant Agreement. Texas Commission on Environmental Quality Signature Zak Covar Printed Name Deputy Executive Director Title Date City of Corpus Christi Signature Angel R. Escobar Printed Name City Manager Title Date Approved as to Legal form: NAI Veronica Ocanas Assistant City Attorney For City Attorney Contract No. 582 -8 -86230 ATTACHIVENT C Fiscal Year 2010 Rider 8 Grantee Work Plan Outline Effective Date through August 31, 2010 Attachment 1 Page 3of12 Task 1: Update Conceptual Model through the 2009 Ozone Season A conceptual model is a qualitative way of identifying the nonattainment problem of an area. A conceptual model is developed using readily available data on air quality, meteorology and emissions in a nonattainment region. It provides key information required by the stakeholders and policy makers including background ozone levels, high episodes days, prevailing meteorological conditions during both high and low ozone days and potential episode days for further photochemical modeling. It is also helpful in identifying modeling domain, grid cell size, priorities for quality assuring and refining emissions estimates, and the choice of initial diagnostic tests to identify potentially effective control strategies. The ozone concentrations measured at the six non - compliance grade monitoring sites including Holly road — CAMS 660, Aransas Pass — CAMS 659, Violet — CAMS 664, Ingleside — CAMS 685, Odem — CAMS 686 and Taft — CAMS 687 maintained by the Grant recipient and the two compliance grade monitoring sites including CAMS 04 and CAMS 21 maintained by Texas Commission on Environmental Quality (TCEQ) along with the measured meteorological data collected during 2002 through 2009 ozone season (April - November),wilI be used for developing the conceptual model. The Performing Party shall produce a conceptual model for the Corpus Christi area that identifies necessary and sufficient conditions for high or exceeding ozone measurements in the program area (defined as the immediate statistical area plus adjacent counties) at different potential standard levels 60, 65, and 70 parts per billion (ppb). The Performing Party's analysis shall include any seasonal variations and use data through 2009 to the extent possible. In particular, the Performing Party's conceptual model will include the following analyses: • Evaluate the wind speeds, directions and time of day associated with high ozone events (for the three proposed levels of the new ozone standard) to determine the local conditions and source alignments most frequently associated with high ozone events. • Develop 24 hour back trajectories for the three levels of the ozone standard (and for ozone less than 60 ppb) to determine source regions most (and least) likely to affect local area ozone. • Conduct a weekday/weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity on their area • Evaluate the range and average backgroind ozone concentrations associated with local wind directions. The data should be stratified for the three levels proposed for the new ozone standard to determine which directions are most frequent, and whether different wind directions become relevant at lower levels of the standard and for different seasons; • Investigate ozone and precursor trends and estimate the annual frequency of high ozone days at varying standard levels (above); • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2. S, and Regional Haze. Page 1of10 Contract No. 582 -8 -86230 Attachment 1 Page 4 of 12 Deliverable: The Performing Party shall deliver an updated Conceptual Model containing analysis of monitoring and other data through 2009. The conceptual model shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Accompanying data and other supporting material shall be provided in a mutually agreeable electronic format. Deliverable Date: July 15, 2010 Cost: $10,194.50 Task 2: Ambient Monitoring Projects 2.1 The Performing Party shall operate the six non - compliance grade monitoring station setup as a part of Riders FY 2008 -2009 as shown in Figure 1 below. Detailed information including the location, equipment setup, start and end dates for each monitoring site are shown below in Table 1. a 4.5 9 18 Miles 1 1 1 1! 1 1 1 Legend ■ TAMUK- SEP MONITORING SITES • TAMUK- RIDER MONITORING SITES • TCEQ MONITORING SITES Figure 1. Map Showing Locations of Monitoring Sites in Corpus Christi Urban Airshed. Page 2 of 10 -57- Contract No. 582 -8 -86230 Ambient Air Man; Attachment 1 Page 5 of 12 Sites to be operated by the Grant Recipient LOCATION (ADDRESS) .�UIPMENT (INSTRUMENTS} ANNUAL START DATE ANNUAL END DATE Holly Road site (CAMS 660) - Water pumping station operated by the City of Corpus Christi located in the growing suburbs of the south side of the City. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 data logger, and Enfora wireless modem. Thermo 42C/Ecotech 9841 NOx analyzer Contingent upon funding availability August 31' 2010 Aransas Pass site (CAMS 659) - Wastewater treatment plant operated by City of Aransas Pass and in cooperation with the San Patricia Water District. A coastal location to the NE of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Contingent upon funding ' availability August 316` 2010 Violet site (CAMS 664) - Pumping station located west of Corpus Christi. Rural location surrounded by open field for several miles. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Contingent upon funding availability August 31" 2010 Odem site (CAMS 686) - Pumping station operated by San Patricia Water District. Rural location NW of Corpus Christi. Teledyne API 460E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Contingent upon funding availability August 31' 2010 Ingleside site (CAMS 685) - Pumping station located in between Portland and Aransas Pass off Hwy 361. In between Sherwin Alumina plant and DuPont/Oxychem production facilities. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Thermo 42C/Ecotech 9841 NOx analyzer. Contingent upon funding availability August 3151 2010 Taft site (CAMS 687) - Pumping station operated by San Patricio Water District. North of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Contingent upon funding availability August 31$` 2010 Page 3 of 10 Contract No. 582 -8 -86230 Attachment 1 Page 6 of 12 The data collected will be used to identify the degree of correlation between the monitoring sites. The results will be used to identify the upwind and downwind monitoring sites and develop an enhanced monitoring proposal for FY2010 — 2011. The Performing Party shall ensure that these sites regularly transfer data to the TCEQ's Leading Environmental Analysis and Display System (LEADS). This contractor -owned transfer standard will be calibrated according to TCEQ specifications, policies and procedures in the TCEQ's NAMS/SLAMS Network and U.S. Mexico Border Support Activities Quality Assurance Project Plan for Air Monitoring in Texas. Based on requirements found in the code of Federal Regulations (CFR) 40, Parts 50, 53, and 58. See URL bttp://www.epa. govld ocs/epacfr40 /chapt -1. info /sub ch -C .htm Deliverable: Ambient monitoring data collected at monitoring sites described in the PY2008 -2009 work plan and delivered to TCEQ's LEADS. Additional analysis performed, problems faced and corrective actions performed will be reported in the monthly progress report to be submitted by 10th of every month. Deliverable Date: As soon as practical contingent on funding availability. Cost: $82,724.66 2.2 Considering the possible revision of the ozone National Ambient Air Quality Standards by the U.S. EPA, proper knowledge of background levels of ozone, N4x, and 502 in the urban airshed is required by the stakeholders and policy makers to determine the attainment status, and subsequently identify and implement effective control measures. Using the conceptual model delivered in Task 1, the Performing Party shall prepare a proposal for enhanced upwind and downwind background monitoring sufficient to show the background levels of ozone, N4x and S02 entering and leaving the program area. The proposal may include additional 'instrumentation at existing monitoring sites, movement of current monitoring sites, or development of additional sites, but in no case shall the proposal result in a net decrease of monitoring sites funded by this Agreement within the program area. Deliverable: Enhanced Monitoring Proposal. The monitoring proposal shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Any supporting data or information shall be provided in like format or in a format agreed to by the TCEQ and the Performing Party. Deliverable Date: July 16, 2010 Cost: $2,718.67 Task 3: Emissions Inventories Review Emissions are key inputs that go into photochemical models for evaluating the air quality of an area. Therefore, emission quantification becomes an important part of any photochemical modeling. In the previous studies, two sets of emission inventory (El) enhancements were carried out by ACES, LLC under a subcontract to TAMUK through the Rider 13 (2002 -2003) & Rider 8 (2006 -2007) funded research activities. In the first set of enhancements, El for the base years 1999 and 2002 were updated for various nomad, minor point sources, and biogenic source categories. This EI mainly focused on enhancements in several key areas and non -road source categories including oil & gas exploration and Page 4 of 10 —59— Contract No. 582 -8 -86230 Attachment 1 Page 7of12 production, marine vessels, lawn & garden, construction, etc. During the Rider 8 (2006 -2007) funded activities the 2002 El was further refined by researchers at TAMUK and emissions were projected for 2005. The study identified several key emission categories with large uncertainties for future enhancements. 3.1 The Performing Party shall review the Area and Non -Road portions of 2008 National Emissions Inventories provided for each area by the TCEQ. The Performing Party shall identify any significant source categories that it believes to be under or over estimated, accompanied by high levels of uncertainty, or where the Performing Party believes it can provide additional or more detailed emissions inventory input at a sub - county level of analysis. Deliverable: The inventory review shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader (*.pdf) format. Deliverable Date: August 15, 2010. Cost: $14,433.17 3.2 The Performing Party shall identify up to five sources identified in the report for Task 3.1 and prepare, in consultation with the TCEQ, an Inventory Preparation Plan (IPP) plan to carry out "bottom -up" research that will provide improved emissions inventory inputs. The plan will describe any work to be done such as research, local surveys of population, activity, and usage. Any survey work must be accompanied by a survey design describing the population, the information to be collected from the population, a description of how the Performing Party plans to collect a sample, the type of sample (e.g. systematic random, stratified random sample) to be drawn from the population, the desired margin of error, and the minimum sample size necessary to achieve the desired margin of error. Upon completion of the survey, the Performing Party shall determine the actual margin of error. This proposal may include designs for spatial surrogates. Deliverable: The Performing Party shall prepare an inventory Preparation Plan (EPP) in accordance with EPA guidance. The IPP shall describe the preliminary work like such as local surveys of population, activity, and usage information. The report shall also describe the survey design and any background the Performing Party feels is relevant to the project. The Performing Party shall provide the report in Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) formats. Any supporting data or information shall be provided in like format or in a format agreed to by the TCEQ and the Performing Party. This work shall only represent the planning phase of proposed updates to the area or non -road section of the emission inventory. Deliverable Date: August 15, 2010. Cost: $19,916.17 Guidance Documents: 1. Documentation for Aircraft, Commercial Marine Vessel, Locomotive, and Other Non -Road Components of the National Emissions Inventory, Vol, 1, E.H. Pecan & Associates for EPA, EPA Contract No. 68 -D-02 -063, September 2005. Page 5 of 10 Contract No. 582 -8 -86230 Attachment 1 Page 8 of 12 2. Documentation for the Final 2002 Nonpoint Sector (Feb 06 Version) National Emission Inventory for Criteria and Hazardous Air Pollutants, E.H. Pecan & Associates for EPA, EPA Contract No. 68 -D -02 -063, July 2006. 3. Non -Road Assessment Tool and Estimator (NATE) User's Guide, Eastern Research Group for TNRCC, Work Order 434730 -17, August 2001. 4. 2008 National Emissions Inventory, Emissions Inventory System Implementation Plan, EPA, December 2008. 5. NONROAD Model, Modeling and Inventories, http: / /www.epa,govloms /nonrdmdl.htm, US EPA, accessed November 5, 2009. 6. EGAS Version 5.0, Technology Transfer Network Economics & Cost Analysis Support, http:/ /www.epa.gov /ttnecasl /egas5.htm , US EPA, accessed November 5, 2009. 7. Written Amendments, and other documents amending, modifying or supplementing the Contract Documents pursuant to the General Conditions. Task 4: Air Quality Modeling Planning for FY2011 The Performing Party shall work with TCEQ liaisons to develop a Fiscal Year 2011 work plan that is consistent with TCEQ priorities and addresses appropriate technical and outreach tasks. Deliverable: FY 2011 Rider 8 Grant Work Plan Deliverable Date: July 1, 2010 Cost: 819,916.17 Task 5: Outreach 5.1 The Performing Party shall establish stakeholder groups or committees that include local governments, businesses, citizens groups, and environmental groups. The purpose of these stakeholder groups shall be (to the extent the Performing Party determines appropriate) to foster community participation in local ozone reduction efforts, review technical work, serve as source of information or ideas in developing local ozone reduction efforts. The Performing Party shall continue sponsorship of the Pollution Prevention Partnership. This body conducts broad -based reviews and gives input on outreach efforts that seek to reduce ozone emissions. The Partnership, chairs and organizes the Corpus Christi Air Quality Group and calls and holds meetings of this group quarterly. The air quality group's membership is a broad representation of the community including governmental officials, city staff, county staff, medical personnel, large and small businesses, TCEQ staff, universities, the Texas Department of Transportation, Regional Transit Authority and more. The Performing Party has also established an AutoCheck Advisory Committee made up of port industry representatives, city staff and TCEQ staff. The Partnership also participates in monthly meetings of the Corpus Christi Chamber of Commerce Infrastructure Group where air quality impact and air quality mitigation tools are discussed for infrastructure projects. The Partnership participates in meetings of the city's Bicycle and Pedestrian Transportation Advisory Committee which promotes alternative modes of transportation. Additionally, the Partnership is involved in making presentations to a wide variety of civic groups. Deliverable: The Performing Party shall report, in its monthly progress report, a List and summary of meetings attended, copies of meeting agendas, copies of presentations given at meetings, Page 6 of 10 —61— Attachment 1 Page 9 of 12 Contract No. 582-8-86230 summaries of issues and plans discussed at meetings, and a summary of input gathered from stakeholders. Deliverable Date: These deliverables shall be included in the Performing Party's monthly progress report. Cost: $8,475 5.2 The Performing Party shall establish or maintain a public web site to facilitate public access to air quality information relevant to the Corpus Christi area. The Performing Party shall design and develop the web site, maintain its continued presence on the internet, and keep its information current. At a minimum the web site shall contain: 1. All monthly reports to TCEQ describing all monthly activities for all tasks 2. Monthly design, updates and maintenance to site 3. Color copies of all printed brochures or advertisements, magazines or other publications Ioaded on site 4. Copies of outreach/public awareness documents or presentations given to public, civic, or private organizations loaded on site 5. Information on Pollution Prevention Partnership programs and emission reduction recommendations for the general public loaded on site 6. Information on AutoCheck events and participation opportunities loaded on site Deliverable: The Performing Party shall produce and maintain a working web site open to the general public on the internet. Deliverable Date: As soon as practical, but no later than August 1, 2010. Cost: $5,150 5.3 The Performing Parry shall operate and maintain the "AutoCheck" vehicles emissions reduction program in the Corpus Christi area. The program shall be a continuous presence in the community through car care clinics, employer - employee events, health fairs, science fairs, community events, and other public opportunities. AlI events shall be free and open to the public. Motorists and the general public shall be provided informed about the environmental and financial advantages of keeping a well maintained vehicle. Vehicles participating in this voluntary program shall be tested for hydrocarbon, carbon monoxide, and nitrogen oxide levels using remote sensing or tailpipe probe technologies. Any vehicles testing as "dirty" shall have that determination confirmed. Owners of "dirty" vehicles will be provided with a test report and a voucher that provides partial reimbursement for emissions system related repairs at local vehicle repair facilities. The Performing Party shall re- test every possible repaired vehicle and document post repair emissions levels. Deliverables: The Performing Party shall sponsor a minimum of one AutoCheck event each month and provide a monthly update on events held. Additionally, the Performing Party shall provide an annual report that summarizes the AutoCheck program and includes the following: 1. A list of AutoCheck events, the number of vehicles screened at each one, the number of "clean" vehicles at each one, and the number of "dirty" vehicles at each one; Page 7 of 10 Attachment 1 Page 10 of 12 Contract No. 582-8-86230 2. A spreadsheet in Microsoft Excel format showing the pre and post repair emissions levels for each vehicle repaired, the cost of each vehicle repair, and the repairs made; and 3. A spreadsheet in Microsoft Excel format estimating the cumulative emissions reductions provided through the AutoCheck program. Deliverable Date: Monthly summaries shall be reported in the Performing Party's monthly progress reports. Annual reports shall be delivered in Microsoft Word, Microsoft Excel, and Adobe Acrobat Reader ( *.pdf) formats within thirty days of the year ending August 31, 2010. Cost: $48,554 5.4 The Performing Party shall implement established outreach programs that educate the general public about air quality, including the impact on air quality of individual choices, recommendation for alternative choices that minimize air quality impact, and ozone action day messages. The Performing Party shall maintain a continuous community presence of a Pollution Prevention Partnership and air quality messages via media briefings, coordination and participation in numerous interviews, community events, air quality curricula provided to local schools, presentations to community and civic groups, and other • public presentation and outreach opportunities. Deliverables: The Performing Party shall deliver the following items: 1. One community-wide clean air event 2. One formal media briefing about individual contributions to air quality and emission reduction strategies 3. One meteorologist briefing about individual contributions to air quality and emission reduction strategies 4. One business leader briefing about individual contributions to aix quality and emission reduction strategies 5. Clean Air curricula delivered to K -12 teachers 6. One clean air science fair at area high school 7. Three presentations to local business and civic groups about individual contributions to air quality and emission reduction strategies 8. A minimum of two television and two newspaper stories about individual contributions to air quality 9. Ozone action day messages on overhead highway signs for each called Ozone Action Day 10. Ozone action day messages on television stations and newspaper for each called Ozone Action Day 11. Copies of public presentations, audience presented to, number of people in audience and content of presentation provided in monthly report Deliverable Date: The activities and events comprising the deliverables will be documented in the Performing Party's monthly progress reports. Cost: $10,795 5.5 The Performing Party shall develop, manage, and implement all outreach projects. Deliverables: The Performing Party shall provide monthly updates on outreach activities in its monthly progress reports and monthly invoices. Page 8 of 10 —63— Contract No. 582 -8 -86230 Attachment 1 Page 11 of I2 Deliverable Date: The deliverables are due with the Performing Party's monthly progress report. Cost $14,265 Task 6: Air Quality Program'Administration The Performing Party shall manage the overall scope of the grant with the Texas Commission on Environmental Quality by serving as the interface for the two subcontractors. In addition, the Performing Party shall participate in planning and education and outreach activities as appropriate. Routine administrative tasks will include review and consolidation of monthly reports and invoicing. Support will be provided to ensure activity and accounting reports are prepared and submitted in a timely manner each month. Other activities as required include preparing documents for City Council approval, coordinating outreach functions, and document management. Deliverable: The Performing Party shall deliver monthly progress reports and monthly Financial Status Reports. Monthly progress reports shall document, in sufficient technical detail and by task, the accomplishments, expenditures, and milestones achieved during the prior thirty (30) days in monthly progress reports. Specifically, the monthly progress report shall: 1. Summarize all activities performed by the Performing Party with respect to each task and subtask of this work plan for the previous month; 2. Establish performance goals for each task and subtask for the month in which the report is delivered; 3. Compare accomplishments on every task and subtask to performance goals established the previous month; 4. Summarize reasons why performance goals were not met; and 5. Provide a preliminary estimate of costs by task and subtask for the reporting period. Deliverable Date: Monthly report will be submitted by 1e of every, month. Cost: $21,132.40 Page 9 of 10 Contract No. 582 -8 -86230 Phase 1 Rider 8 Grantee FY 10 Work Plan Budget TCEQ Budget Template Phase 1 1. Personnel/Salaries 14,000,00 2. Fringe Benefits 3,276,00_ 640 3. Travel 4. Supplies 500 5. Equipment _ 6. Contractual 237438.34 7. Construction 8. Other 9. Total direct charges (Sum of 1 -8) 255,514.34 10. Indirect Charge . 2,756.40 11, Total Funding (Sum of 9 -10) 258,270.74 Attachment 1 Page 12of12 Page 10 of 10 -65- Attachment 2 Page 1 of 2 AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI & THE CITY OF CORPUS CHRISTI AMENDMENT NO.3 This amends the lnterlocal Cooperation Agreement between the CITY OF CORPUS CHRISTI (City) and the TEXAS A &M UNIVERSITY -- CORPUS CHRISTI (TAMU -CC), authorized by the Corpus Christi City Council by Resolution No. 027504 on November 20, 2007 (the "Agreement ") and incorporated here by reference. WHEREAS, The Texas Commission on Environmental Quality (TCEQ) and the City are amending the existing Grant Agreement Number 582 -8 -86230 in order to supplement the original work plan, and increase the maximum amount reimbursable under the grant to $1,142,870.74 by adding Fiscal Year 2010 funds in an amount of $258,270.74, as authorized by the General Appropriations Act, 815t Legislature, TCEQ Rider 8; WHEREAS, the parties desire to amend their Agreement accordingly, to extend the term to end on August 31, 2010, and to add an additional amount ($87,235.00) that the City will reimburse TAMUCC for expenses authorized under the Grant; WHEREAS, the parties desire to amend their Agreement under authority of Section 15, which provides that the representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work; NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. AMENDMENT TO THE TERM. The date that the term of the Agreement ends is amended to replace "March 31, 2010" with August 31. 2010: 2. AMENDMENT TO SECTION 2. Section 2 of the Agreement is amended as follows: "2. STATEMENT OF WORK. TAMUCC agrees to use its best efforts to execute the Work Plan document that describes down to the task level (Task I) the projects in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the City, in cooperation with its - partners, will complete by Au Tiara# 3-1T-2040 August 31. 2010, as described in the Rider 8 Funding Request Work Plan for a Corpus Christi Pollution Prevention Partnership and Educational Outreach Program, Attachment B to TCEQ Contract No. 582 -8- 86230." 3. AMENDMENT TO SECTION 4. Section 4 of the Agreement is amended as follows: "4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through A usi 3d 2009 ■ iaroh 34 2010 August 31, 2010." Am 3 TAMU -CC 060810 AFe 1 of 2 Attachment 2 Page 2 of 2 4. AMENDMENT TO SECTION 5. Section 5 of the Agreement is amended as follows: "5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMUCC up to Three Hundred Forty - five Thousand Dollars ($345,000), plus an additional amount of ua to $87,235.00. for expenses authorized under the Grant." 5. All other terms and conditions of the Agreement remain unchanged. 6. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A & M UNIVERSITY — CORPUS CHRISTI By: Dr. Hary , Knoll, Ph.D. Dean, Graduate Education Associate Vice President, Research & Scholarly Actvities CITY OF CORPUS CHRISTI ATTEST By: By: Armando Chaps Angel R. Escobar City SeaetarY C y Manager Approved as to form: 08 -Jun -10 1 Veronica Ocanes Assistant City Attorney for City Attomey Am 3 TAMU -CC 060810 Pagi of 2 Attachment 3 Page 1 of 2 AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY — KINGSVILLE AND THE CITY OF CORPUS CHRISTI AMENDMENT NO. 3 This amends the Interlace' Cooperation Agreement between the CITY OF CORPUS CHRISTI (City) and the TEXAS A &M UNIVERSITY — KINGSVILLE, authorized by the Corpus Christi City Council by Resolution No. 027503 on November 20, 2007 (the "Agreement ") and incorporated here by reference. WHEREAS, The Texas Commission on Environmental Quality (TCEQ) and the City are amending the existing Grant Agreement Number 582 -8 -86230 in order to supplement the original work plan, and increase the maximum amount reimbursable under the grant to $1, 142,870.74 by adding Fiscal Year 2010 funds in an amount of $258,270.74, as authorized by the General Appropriations Act, 819t Legislature, TCEQ Rider 8; WHEREAS, the parties desire to amend their Agreement accordingly, to extend the Agreement term to end on August 31, 2010, and to add an additional amount ($149,903.34) that the City will reimburse TAMUK for expenses authorized under the Grant; WHEREAS, the parties desire to amend their Agreement under authority of Section 15, which provides that the representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work; NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. AMENDMENT TO THE TERM. The date that the term of the Agreement ends is amended to replace "March 31, 2010" with Auaust 31, 2010. 2. AMENDMENT TO SECTION 2. Section 2 of the Agreement is amended as follows: "2. STATEMENT OF WORK. TAMUK agrees to use its best efforts to execute Section II of the Work Plan document that describes down to the task the projects in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 200.Q Marsh-31T-201-0 August 31, 2010, as described in the Rider 8 Funding Request for a Corpus Christi Ozone Near Non Attainment Area Research Study, which is attached to TCEQ Contract No. 582 -8 -86230 as Attachment B (copy available upon request)." 3. AMENDMENT TO SECTION 4. Section 4 of the Agreement is amended as follows: "4. PERIOD OF PERFORMANCE. The program shall be conducted from the Am_3 TAMU -K 060810 140/1 of 2 Attachment 3 Page 2 of 2 effective date of the Notice to Proceed from TCEQ through August-34,200g August 31, 2010." 4. AMENDMENT TO SECTION 5. Section 5 of the Agreement is amended as follows: "5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMUK up to Four Hundred Fifty Thousand Dollars ($450,000), plus an additional amount of UD to $149.903.34, for expenses authorized under the Grant." 5. All other terms and conditions of the Agreement remain unchanged. 8. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A & M UNIVERSITY -- KINGSVILLE By: Sandra L. Remvat Director, Sponsored Research CITY OF CORPUS CHRISTI ATTEST By: By: Angel R. Esoabar CManager Armando Chapa City Seery Approved as to form: 08- Jun -10 �tdiYVlntl,�- Veronica Ocaaias Assistant City Attorney for City Attorney Am_3 TAMU -K 060810 PaA tf 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE GRANT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) TO ADD AN AMOUNT OF $258,270.74 FISCAL YEAR 2010 FUNDS FOR AIR QUALITY RESEARCH, PLANNING, AND POLLUTION PREVENTION ACTIVITIES WHEREAS, the City entered into a State Grant Agreement No. 582 -8 -86230 with the Texas Commission on Environmental Quality ("TCEQ") to fund air quality planning activities in areas considered to be near non - attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include, without limitation, identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure. The City conducts air quality assessment and planning activities in the Coastal Bend Region; WHEREAS, TCEQ and the City desire to execute Amendment No. 3 to the Grant Agreement in order to supplement the original work plan and increase the maximum amount reimbursable under the Grant to $1,142,870.74, by adding Fiscal Year 2010 Funds in an amount of $258,270.74, as authorized by the General Appropriations Act, 81m Legislature, TCEQ Rider 8, NOW, 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 execute Amendment No. 3 to the Grant Agreement No. 582 -8 -85230 with the Texas Commission on Environmental Quality (TCEQ) to increase the amount reimbursable under the Grant to $1,142,870.74 by adding Fiscal Year 2010 Funds in an amount of $258,270.74 for extended air quality research, planning and pollution prevention activities. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS T FORM: 08 -J -10 (26h Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor day of , 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —71- H:ILEG- DIRIVeronica011.ENG11 AGENDA ITEM S110106151010fi1510 Reso authorizing AM#3 to TCEQ grant air Page 1 of 2 ORDINANCE APPROPRIATING $258,270.74 FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) IN THE NO. 1071 COMMUNITY ENRICHMENT GRANT FUND FOR ACTIVITIES UNDER (1) THE AIR QUALITY RESEARCH AND PLANNING PROGRAM, AND (2) THE POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL OUTREACH PROGRAM; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $258,270.74 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grant Fund is appropriated for activities under (1) the Air Quality Research and Planning Program, and (2) the Pollution Prevention Partnership and Educational Outreach Program. SECTION 2. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 15th day of June, 2010. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 08 -Jun -10 u\k:tut. 64-1/1A-» Veronica ()canes Assistant City Attorney For City Attorney 061510 ORD App $258,270.74 TCEO Grant _72_ CITY OF CORPUS CHRISTI Joe Adame Mayor 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 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 081510 ORD App $258,270.74 TCEQ Grant —73— RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NUMBER 3 TO THE INTERLOCAL AGREEMENT WITH TEXAS A&M UNIVERSITY - CORPUS CHRISTI ( TAMUCC) TO ADD AN AMOUNT OF $87,235.00 FISCAL YEAR 2010 FUNDS REIMBURSABLE UNDER TCEQ GRANT 582- 846230, TO EXTEND THE POLLUTION PREVENTION PARTNERSHIP AND EDUCATIONAL OUTREACH PROGRAM WHEREAS, the City and Texas A&M University Corpus Christi ( TAMUCC) executed an Interlace! Cooperation Agreement for the Texas Commission on Environmental Quality (TCEQ) grant - funded Pollution Prevention Partnership and Educational Outreach Program, which includes small business assistance and public education on pollution prevention and air quality in Nueces County and San Patricia County; WHEREAS, TCEQ and the City are amending the existing Grant Agreement Number 582-8 - 86230 (Grant) in order to supplement the original work plan, and increase the maximum amount reimbursable under the Grant; WHEREAS, the parties desire to amend their Agreement accordingly, to extend the term to end on August 31, 2010, and to add an additional amount ($87,235.00) that the City will reimburse TAMUCC for expenses authorized under the Grant; NOW, 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 execute Amendment No. 3 to the Interlocal Cooperation Agreement with Texas A&M University, Corpus Christi (TAMUCC) in an amount of $87,235.00 to extend the Pollution Prevention Partnership and Educational Outreach Program, provided that TAMUCC's authorized representative has .signed Amendment No. 3. ATTEST: Armando Chapa City Secretary APF?Rp OVEDASTO RM: 084-9Q %\ JOVit/ Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adams Mayor day of , 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H :1LEG- D €R \Veronlca011.ENG11 AGENDA 1 TE1C1 010615101461510 Reso Amend #3 TAMUCC TCEQ pollution prevention progrem.docx RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NUMBER 3 TO THE INTERLOCAL AGREEMENT WITH TEXAS A &M UNIVERSITY - KINGSVILLE (TAMUK) TO ADD AN AMOUNT OF $149,903.34 FISCAL YEAR 2010 FUNDS REIMBURSABLE UNDER TCEQ GRANT 582-8- 86230, TO EXTEND THE AIR QUALITY RESEARCH AND PLANNING PROGRAM WHEREAS, the City and Texas A &M University Kingsville (TAMUK) executed an Interlocal Cooperation Agreement for the Texas Commission on Environmental Quality (TCEQ) grant - funded Air Quality Research and Planning Program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces County and San Patricio County area; WHEREAS, TCEQ and the City are amending the existing Grant Agreement Number 582-8 - 86230 (Grant) in order to supplement the original work plan, and increase the maximum amount reimbursable under the Grant; WHEREAS, the parties desire to amend their Agreement accordingly, to extend the term to end on August 31, 2010, and to add an additional amount ($149,903.34) that the City will reimburse TAMUK for expenses authorized under the Grant; NOW, 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 execute Amendment No. 3 to the Interlocal Cooperation Agreement with Texas A &M University, Kingsville (TAMUK) in an amount of $149,903.34 to extend the Air Quality Research and Planning Program, provided that TAMUK's authorized representative has signed Amendment No. 3. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO F RM: 08 -10 Veronica ()canes Assistant City Attorney for City Attomey Joe Adame Mayor day of , 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Ii:1LEG- DIR \Veronica011,ENG11 AGENDA Vri WIZ11010615101061510 Reso Amend #3 TAMUK TCEO air quality contract.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 15, 2010 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2010 -2011 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. ISSUE: The Texas General Land Office requires the annual submission of an application for financial assistance from local governments for beach maintenance. REQUIRED COUNCIL ACTION: The City Council must pass a resolution for the General Land Office to accept the grant application. PREVIOUS COUNCIL ACTION: On June 16, 2009 City Council passed a resolution authorizing continued financial assistance through the Texas General Land Office for beach cleaning, police patrols and life guard services on North Padre Island during the 2010 State Fiscal Year. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guard service, and police patrols on North Padre Island and Mustang Islands, and to execute all necessary documents in connection with the reimbursement application. Stacie A. Talbert, Interim Director Parks and Recreation staciet@cctexas.com 361 826 -3476 Attachments: Background Application for State Assistance in Cleaning and Maintaining Public Beaches BACKGROUND INFORMATION The Texas General Land Office administers the Beach Maintenance Fund to partially reimburse cities and counties for beach cleaning, lifeguard and safety patrol services. The City Council must annually approve submission of the reimbursement application to the State for beach cleaning and lifeguard service reimbursement, and authorize the City Manager to execute all necessary documents. The application will provide financial assistance to the City for the 2011 State Fiscal Year. The City of Corpus Christi received $73,279.24 from the Beach Maintenance Fund during FY09. To date for FY10, the City of Corpus Christi has received $38,305.63. The Beach Maintenance Fund Program reimburses cities and counties by a formula that distributes a finite budget of $940,000 each year. Of that budget the General Land Office is authorized to take up to ten percent for administrative costs. The principal portion of the beach maintenance appropriations, amounting to $846,000 presently is distributed among the ten communities that contain public beaches within their jurisdiction and have made application for funding. Funding is determined by two factors: linear footage and total expenditures. The linear footage factor is the total linear feet of beach that a participant cleans and maintains in proportion to all other participants. Total expenditures is based upon a participant's total spending during the two preceding fiscal years as authorized in the Texas Administrative Code, Title 31, Par 1, Chapter 25. Cities that qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than, two- thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches. However, actual State appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. The linear feet maintained by each entity that receives funds from GLO (for the Beach Maintenance Reimbursement Program's FY 2009): Brazoria County 61,800 Cameron County 46,642 Galveston County 136,959 Matagorda County 27,300 Nueces County 14,720 City of Corpus Christi 32,313 City of Galveston 142,077 (Park Board of Trustees) City of Port Aransas 35,237 City of South Padre Island 23,746 Village of Surfside 18,480 Background information — page 2 Last year's reimbursement for each entity that received funds (under the Beach Maintenance Reimbursement Program): Brazoria $ 43,417.96 Cameron County $ 79,901.77 Galveston $134,998.11 Matagorda $ 22,289.38 Nueces $103,126.13 Corpus Christi $ 73,279.23 City of Galveston $248,090.98 (Park Board of Trustees) City of Port Aransas $ 88,681.03 Town of South Padre Island $ 30,741.85 Village of Surfside $ 21,473.56 Entities have received the Brazoria County Cameron County Galveston County Matagorda County Nueces County City of Galveston (Park Board of Trustees) City of Port Aransas City of South Padre Island Village of Surfside following assistance for PY10: $ 21,812.10 $ 43,321.26 $ 55,814.15 $ 10,720.97 $ 45,854.52 $127,848.00 $ 51,582.33 $ 12,657.39 $ 12,353.65 Application for State Assistance in Cleaning and Maintaining Public Beaches for Fiscal Year 2011 Beginning September 1, 2010 Texas General Land ()film Jerry Patterson, Commissioner P.O. Box 12873 - Austin, Texas 787112873 City or county making application (applicant): City of Corpus Christi Name and address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX. 78469 -9277 Name, organization, and title of oflidal with day-to-day responsibility for project: Derek Herzog Gulf Beach Manager P.O. Box 9277 Corpus Christi, TX. 78469 -9277 Name, address, and title of official authorized to receive state reimbursement: Michele Thomas Beach, Cultural Services, and Events Superintendent (Parks and Recreation Beach Reimbursement) P.O. Box 9277 Corpus Christi, TX, 78469 -9277 The applicant understands and agrees that the requirements set forth in Section 61.089 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met orwill meet the requirements through the following: 1. The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes. The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non- project purposes. (OBA §61.069 (2)) 3. The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (OBA §61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurisdiction_ (OBA §61.069 (4)) 5. The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA §61.069 (5)) —84— Application for State Assistance in Cleaning and Maintaining Public Beaches Page 2 Total linear feet of beach to be cleaned 32,314 1. Equipment rental, litter and debris removal 2. Labor, litter and debris removal 3. Signs, litter - related 4. Supervision, litter and debris removal 5. Solid waste collection and disposal, including purchase of containers 6. Portable toilet rental and servicing 7. Barricades, bollards, and traffic signs 8. Lifeguard eenses 9. Litter patrol expenses 10. Beach patrol expenses 11. Administration TOTAL $210,000 $191,000 $4,000 $75,000 $1,500 $19,200 $12,000 • $155,000 $60 ,000 $230,000 $12,000 $969,700 Amount of state assistance requested for current state fiscal year (may not exceed two- thirds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): $ 646,499.00 The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program. Supporting documents: (The application is incomplete unless the following documents are included) Mark the applicable box as the corresponding document is included with the application. A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. fif A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach Merin. t A site plan of applicant's beach park which meets the minimum requirements established by the state. ❑ A certified copy of documentation establishing a beach park board or like body. • 1-' A current written statement attesting that the maintenance to be provided is consistent with the applicant's community adopted plan for Beach Access and Dune Protection. L A current written statement acknowledging that compliance with the regulations for collecfion and expenditure of beach user fees, contained in Section 15.8 of the state's beach access and dune protection regulations, is a requirement of the program. Ed A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recyctables are suggested, but not required. • A current list, adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator and which includes portable toilets, if provided. ti A current beach -cleaning proposal describing the cleaning and maintenance operations at the beach. City of Corpus Christi acting by and through Michele Thomas, Superintendent hereunto. Applicant Official duly authorized, submits this application and certifies its contents are true and correct, and agrees to the above terms and conditions. by —$5— Date Name and Title GLO Beach Cleaning Reimbursement FY 2011 Equipment Lease Rate Equipment!Vehicle Maintenance Crane Carrier LET 46ft Garbage Truck Crane Carrier LET 46ft Garbage Truck Ford 4X4 Crewcab Pickup Ford 4X4 Crewcab Pickup Size Rate 25CY 25CY 314 Ton, Up to 130HP 314 Ton, Up to 130HP _ $41.50 $41.50 $0.45 $0.45 Per Hour Per Hour Per Mile Per Mile Ford 4X4 Crewcab Pickup 1 Ton, Up to 130HP $0.45 Per Mile Ford 4X4 Crewcab Pickup 3/4 Ton, Up to 130HP $0.45 Per Mile Tractor / Sargassum Machine 1 YD Bucket - $10.00 Per Hour _ 'Front -End Wheeled Loader 3.5 YD Bucket Leased Leased Front -End Wheeled Loader 3.5 YD Bucket _ Motorgrader 14ft. Blade Leased Ford F900 Dump Truck 12 CY $31.00 Per Hour Lifeguards Ford 4X4 Crewcab Pickup 314 Ton, Up to 130HP $0.45 Per Mile Per Mile Ford 4X4 Crewcab Pickup ' 314 Ton, Up to 130HP $0.45 Ford 4X4 Crewcab Pickup 1/2 Ton, Up to 130HP $0.45 Per Mile Per Mile Ford 4X4 Crewcab Pickup 112 Ton, Up to 130HP $0.45 Polaris Ranger 4X4 (Small Vehicle) 1 To 10 HP $5.25 Per Hour Per Hour Polaris Ranger 4X4 (Small Vehicle) To 10 HP $5.25 Arctic Cat Prowler 4X4 (Small Vehicle) To 14 HP $5.25 Per Hour Arctic Cat Prowler 4X4 (Small Vehicle) To 10 HP $5.25 Per Hour Seadoo GTS 5521 Jet Ski 80 HP $14.45 Per Hour Seadoo GTS 5521 Jet Ski 80 HP $14.45 Per Hour Rib Craft Outboard Patrol Boat 150 HP $14.45 Per Hour Direct Cost Factors Employee Benefits Liability Benefits Workers Comp Benefits Retirement Bene's (14.03%) Federal Tax (7.65%) Indirect Cast Factors Administration Human Resources Risk Management Admin Municipal Information Sys Maintenance Services *Does not include Payroll Burden Rate Methodology Total Benefits Total Benefits FY04.05 FY04 -05 Actuate Actuate w/o Exe payplan 1 8,639,407 3,508,129 2,723,595 14,611,743 7,967,201 47,450,075 18,306,560 3,445.464 2,674,959 14,611,743 7,967,201 47,005,948 Total FY04 -05 Exps Adjusted FY04 -05 Exps • 1,311,875 ' 1,050,205 • 11,231,274 927,020 760,147 10,428,449 • 16,080,429 6,831,589 29,673,383 18,947,205 Retirement Group Health Maint Services Alloc MIS Allocation Self Ins Alto Maint Services- Capital Purchases Mainl Services -Cost of Goods Sold Base Salary Cost Total # of F'TE's 104,146,422 maw 3135 106,830,440 ii.r.14 3192 Direct Rate 104,146,422 45.13°1. 104,146,422 Combined Direct/in- Direct Rate 2117/20068:34 AMH :\ BUD- D1R \SHARED12005- 2090exlma\Burden Rate Template 5.00'1. 0.89% 0.73'1. 10.01'1. 6.56'1. 23.19% 88.33% -88- RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO REQUEST CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND DURING FY 2010 -2011 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2010 -2011 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: June 9, 2010 Lisa Aguil Assistant ity 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 G. Leal John E. Marez Nelda Martinez Mark Scott 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 15, 2010 AGENDA ITEM: Resolution dedicating resources, with the commitment of American Bank Center at a cost of $15,000, to support the City of Corpus Christi's Bid for the 2014 Joint Institute and Trade Show of the Texas Recreation and Park Society with the Texas Park and Wildlife Department and Southwest Region of the National Recreation and park Association, to be held in Corpus Christi February 18 through February 21, 2014, and providing for an effective date. ISSUE: Along with the Corpus Christi Convention and Visitors Bureau and the Omni Bayfront Hotel, the Parks and Recreation Department has been awarded the bid to host the 2014 Texas Recreation and Park Society Institute and Trade Show. The institute will bring about 1,050 —1,300 parks and recreation professionals to the City over the course of the four day event. Recent economic impact to hosting communities has averaged about $775,000 - $886,000. REQUIRED COUNCIL ACTION: City Council's action is required to approve the dedication of resources to support the bid for the conference. PREVIOUS COUNCIL ACTION: Council previously supported the City of Corpus Christi, Texas bid for the February 20th through 25th, 2012 TRAPS Annual Institute and Trade Show in cooperation with the Texas Park and Wildlife Department and the Southwest Region of the National Recreation & Park Association. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this resolution. Stacie A. Talbert, Interim Director Parks and Recreation Department Sta ci eT{r� cctexa s. co m 361- 826 -3464 Attachment: Letter of Award BACKGROUND INFORMATION The Texas Recreation and Park Society (TRAPS) is an educational non- profit 501c3 organization of parks, recreation, and leisure service providers in the State of Texas. TRAP's mission is to provide professional development, advocacy and resources to all who enhance the quality of life through parks, open spaces and recreation. The TRAPS Board of Directors and Institute Site Selection Committee considered bids from any city in Texas interested in hosting this significant Institute. The Corpus Christi bid package was submitted on April 10, 2009. A presentation was made to the Board and Site Selection Committee on Friday, May 8, 2009 at the TRAPS Quarterly Meeting in Waco. The Committee selected Corpus Christi as the site for the 2014 TRAPS Institute contingent upon passage of the resolution. The Parks and Recreation Department will work closely with the Corpus Christi Convention and Visitors Bureau (CVB) and the Omni Bayfront Hotel to coordinate training and exhibit space, meeting and hotel rooms and associated networking socials. This conference has most recently been held in Frisco, Austin and San Angelo. Approximately 1,050 —1,300 parks and recreation professionals and over 200 exhibitors meet annually to interact, network, and team about trends, new products and services during the annual Texas Recreation and Park Society Institute in cooperation with the Texas Parks and Wildlife Department and the Southwest Region of the National Recreation and Park Association. Recent economic impact to hosting communities has averaged about $775,000 - $886,000. The City last hosted the TRAPS Institute and Trade Show in March of 2005. According to the CVB, the event brought approximately $290,000 into the local economy. Funds will needs to be budgeted in the Parks and Recreation Department's FY 2013 -2014 budget to support this event including $15,000 for the use of the American Bank Center. RESOLUTION DEDICATING RESOURCES, WITH THE COMMITMENT OF AMERICAN BANK CENTER AT A COST OF $16,000, TO SUPPORT THE CITY OF CORPUS CHRISTI'S BID FOR THE 2014 JOINT INSTITUTE AND TRADE SHOW OF THE TEXAS RECREATION AND PARK SOCIETY WITH THE TEXAS PARK AND WILDLIFE DEPARTMENT AND SOUTHWEST REGION OF THE NATIONAL RECREATION AND PARK ASSOCIATION, TO BE HELD IN CORPUS CHRISTI FEBRUARY 18 THROUGH FEBRUARY 21, 2014, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Council endorses the City of Corpus Christi bid submission for the 2014 Joint institute and Trade Show of the Texas Recreation and Park Society with the Texas Park and Wildlife Department and Southwest Region of the National Recreation and Park Association, to be held in Corpus Christi on February 18 to February 21, 2014. SECTION 2. That the City Manager or designee is authorized to dedicate resources through the commitment of American Bank Center at cost of $15,000, to support the bid for the 2014 Joint Institute and Trade Show of the Texas Recreation and Park Society with the Texas Park and Wildlife Department and Southwest Region of the National Recreation and Park Association, to be held in Corpus Christi on February 18 to February 21, 2014. SECTION 3. This Resolution shall be and become effective immediately and after its adoption and approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 9, 2010 Lisa Agu' , Assistant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Jae Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 10 AGENDA MEMORANDUM June 15, 2010 AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a Water Arterial Transmission & Grid Main Reimbursement Agreement with Smith and Peterson Parties, Developers of Oso River Estates, Block 4, Lot 1, located south of South Padre Island Drive (SH 358) and east of Ennis Joslin Road extension, for the construction of a 12 -inch waterline; and b. Ordinance appropriating $223,080.97 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the Smith and Peterson Parties for the construction of a 12 -inch waterline extending from South Padre Island Drive (SH 358) to Holly Road, as specified in the Reimbursement Agreement, and declaring an emergency. ISSUE: The Smith Parties and Peterson Parties, owners and Developers of Oso River Estates, are proposing to construct a 12 -inch waterline from South Padre Island Drive (SH 358) to Holly Road. The proposed 12-inch waterline qualifies as a grid main which is eligible for reimbursement under Section V. B. 5. f) of the Platting Ordinance. The proposed 12 -inch waterline has been determined to be consistent with the Water Transmission Master Plan. Due to the width of Ennis Joslin Road (130 -foot right -of -way) a parallel waterline will be required on each side of the roadway. The proposed 12 -inch waterline will be located along the east side of the proposed extension of Ennis Joslin Road. The construction of the waterline is in part due to the proposed plat known as Oso River Estates, Block 4, Lot 1. The waterline extension will also serve the properties to the south of the proposed plat. The engineer's estimated construction cost for the 12 -inch waterline is $244,406.47. The developer has applied for credit of the water acreage fee in the amount of $21,325.50. Therefore, the City's participation will not exceed $223,080.97. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. kaltut Juan Perales, Jr , P.E. Assistant City M pager Engineering and Development Services JohnnyP©cctexas.com (361) 826 -3828 Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Approved Plat Exhibit D Construction preliminary layout Exhibit E Developer's Cost Estimate Exhibit F Application for Waterline Credit Exhibit G Application for Waterline Reimbursement Exhibit H Reimbursement Agreement Exhibit 1 Ordinance N:IDEVELOPMEHT SERVICESIPARTICIPAT1ON AGREEMENTtOSO RIVER ESTATE SIWATERLIRE REIMBURSEMENTtCOUNCIL AGENDA MEMO -OOC -1 0 1 - AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Oso River Estates, Block 4, Lot 1, as shown in the final plat for the project (Exhibit C), requires the construction of public improvements which includes a public waterline. A requirement for any waterline constructed is that the waterline must be looped to another waterline and not create a dead -end line. The developers, Smith Parties and Peterson Parties, have determined that one way to comply with the requirement is to construct a 12- inch waterline from South Padre Island Drive (SH 358) south to Holly Road. A layout of existing and proposed improvements is included as Exhibit D. The extension of the waterline would also serve the future development of the property south of the proposed lot. The developers are proposing to develop the lot with an apartment complex. The Water Transmission Master Plan calls for a 16-inch waterline to extend from South Padre island Drive (SH 358) to Holly Road. The proposed 12 -inch waterline does not fully comply with the master plan but the development of the area will accomplish the intent of the plan. The proposed 12 -inch waterline will be located along the east side of the proposed alignment of Ennis Joslin Road. Due to the width of Ennis Joslin Road (130 -foot right -of -way), a parallel waterline will be required along the west side of Ennis Joslin Road. The construction plans for the proposed 12 -inch waterline and the other public improvements were approved on May 25, 2010. The engineer's estimated construction cost for the 12 -inch waterline is $244,406.47 (Exhibit E). The developers have submitted an Application for Water Line Credit in the amount of $21,325.50 (Exhibit F). Therefore the City's participation will not exceed $223,080.97. EXHIBIT A H;DEVELOPMENT SERVICE5IPART1CIPATIOH AGREEMENTIOSO RIVER ESTATESIWATERLINE RERABURSEMENTICOUNCIL AGENDA MEMO BACKGROUND.DOC EXHIBIT B -103- 141 ritift too j - _ T� I. ofihm ' a 10tio8 _R I I lq 111 if I t � � r € 1: 111 Piti I g i i ,. a = it - - s� —Pe a� - a _ a I i 3 ; .11 a e 1Ias 1 in 1 11 ill Jig! g . .1 ,. i •aa It_ x ev, an i 1' i al, ..0 �4 ILf Ce cc tn 0 z.° ,L5 ,t- to% z , otri 6P =§ HX .th9 li• r Col I'd . v7 ▪ i '& • a J a t] EXHIBIT C j E.1 of 2 S. PANE. [1:0p411 9 ;41 _ A _ {ad -i iaa 'ell Mkt!' ;113 Ot het tit4tIt e O • 6 y _�s3if 0 0 c0J ® e t1 A to f Zr .ti �o s sr H70 *28' le Li 0 - Wm) Ms -w 1 .F_`ia +ciu EXHIBIT C E 2of2 E4tYBIT D OSO RIVER ESTATES BLK 4, LOT 1 WATER IMPROVEMENTS PRELIMINARY COST ESTIMATE 09022- PCE- REIMB.x1s 6/8/2010 WATER ITEMS QUAN777Y UNIT UNIT PRICE AMOUNT ®12" 30" TAPPING SADDLE WITH 12" TAPPING GATE VALVE W/BOX a EA 3,000.00 3,000.00 PVC PIPE 3777 MEM 45.10 170.342.70 3. 12" DIP WITH RESTRAINED JOINTS 160 MEM 100.00 16 000.00 4. 12" GATE VALVE W/BOX 1,900.00 11,400.00 5. 12" X 8" REDUCER, MJ 400.00 400.00 ®12"TEE, 5 EL, RESTRAINED JOINTS 750.00 3,000.00 ©IllMM 2,900.00 8,700.00 9. 8" TAPPING SADDLE W18" TAPPING GATE VALVE W/BOX 1 1,000.00 1,000.00 10. 8" GATE VALVE W/BOX 3 675.00 2,025.00 11. 6" 90' EL, MJ 290.00 870.00 12. 6" X 30' PVC PIPE NIPPLE 225.00 2,025.00 13. PAVEMENT PATCHING 2,000.00 2 400.00 TOTAL WATER CONSTRUCTION 10% ENGINEERING, TESTING & 130NDS TOTAL $222,187.70 $22.218.77 $244,406.47 Water Distribution System acreage fee Credit 521,325.50 TOTAL REIMBURSEMENT $223,080.97 pfIT E APPLICATION FOR WATERLINE CREDIT We, the Estate of Ro Milton Smith Deceased. Glad s Mattie Smith. Patricia PetersonNuss• and Chris Ann Peterson Brown, owners and developers of proposed Oso River Estates. Block 4, Lot 1 subdivision, hereby apply for $21,325.50 credit towards the water lot/acreage fee for the installation of the grid main waterline as provided for by City Ordinance No. 17092. $244.406.47 is the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. By: Gladys Mattie Smith, Individually, and As Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § (Date) This instrument was acknowledged before me on , 2010, by Gladys Mattie Smith. By: Notary Public m and for the State of Texas Ronald G. McGee, Vice President, On Behalf of the Frost National Bank As Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § (Date) This instrument was acknowledged before me on , 2010, by Ronald G. McGee. Notary Public in and for the State of Texas EXHIBIT F _ frw l of 2 By: Patricia Peterson Nuss (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Patricia Peterson Nuss. By: Notary Public in and for the State of Texas Chris Ann Peterson Brown (Date) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me an , 2010, by Chris Ann Peterson Brown. Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of $21.325.50 is herewith approved. Juan Perales, Jr., P.E. (Date) Development Services Engineer EXHIBIT F 24,0t 2 of 2 APPLICATION FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT We, the Estate of Roy Milton Smith, Deceased: Gladys Mattie Smith ; Patricia Peterson Nuss; and Chris Ann Peterson Brown, owners and developers of proposed Oso River Estates, Block 4, Lot 1 subdivision, hereby request reimbursement of $22397 for the installation of the water arterial transmission & grid main in conjunction with Oso River Estates, Block 4, Lot 1 subdivision, as provided for by City Ordinance No. 17092. Said $223.080.97 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. By: Gladys Mattie Smith, Individually, and As Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § (Date) This instrument was acknowledged before me on , 2010, by Gladys Mattie Smith. By: Notary Public in and for the State of Texas Ronald G. McGee, Vice President, On Behalf of the Frost National Bank As Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § (Date) This instrument was acknowledged before me on , 2010, by Ronald G. McGee. Notary Public in and for the State of Texas EXHIBIT G _ft 1of2 By Patricia Peterson Nuss (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2410, by Patricia Peterson Nuss. By: Notary Public in and for the State of Texas Chris Ann Peterson Brown (Date) THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Chris Ann Peterson Brown. Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Juan Perales, Jr., P.E. (Date) Development Services Engineer EXHIBIT G a ggzof 2 WATER ARTERIAL TRANSMISSION AND GRID MAIN REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS WATER ARTERIAL TRANSMISSION AND GRID MAIN REIMBURSEMENT AGREEMENT ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and The Estate of Roy Milton Smith, Deceased, and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78470 -0184 (the "Smith Parties "), and Patricia Peterson Nuss and Chris Ann Peterson Brown, P.O. Box 8229, Corpus Christi, Texas 78468 (the "Peterson Parties "). The Smith Parties and the Peterson Parties are referred to together as "Owner". WHEREAS, the Smith Parties and the Peterson Parties own as joint tenants in common that certain real property located in Nueces County, Texas, being Lots 9, 10, 11, 22, 23, 24, 25, 26 and 27, Section 28, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat known as Lot 1, Block 4, Oso River Estates, Exhibit 1 (attached and incorporated); WHEREAS, as a condition of such plat of Lot 1, Block 4, Owner is required to construct a public waterline as a condition of the plat requirements in order to record the proposed Lot 1, Block 4; WHEREAS, the owner proposes to extend a 12 -inch waterline from South Padre Island Drive (SH 358) south to Holly Road in order to have a looped waterline consistent with the Platting Ordinance; WHEREAS, under the Platting Ordinance, the Owner is eligible for reimbursement of the Owner's costs for the construction of the waterline; WHEREAS, it is in the best interests of the City to have the 12 -inch waterline from South Padre Island Drive (SH 358) to Holly Road installed by Owner in conjunction with the Owner's final plat; and WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Grid and Arterial Transmission Mains Fund as per Platting Ordinance, Section V.B.5.f)(1)(ii.)(4); and WHEREAS, DEVELOPER has submitted an application for reimbursement of the costs of installing the waterline, see Exhibit 2, (attached and incorporated); EXHIBIT H Page 1 of 10 —1g2— NOW, THEREFORE, in order to provide a coordinated waterline construction project, the City and Owner agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 3,777 linear feet of I2 -inch PVC pipe. (2) Install 1 (one) 30 -inch tapping saddle with a 12 -inch gate valve. (3) Install 6 (six) 12 -inch gate valve with box. (4) Install 3 (three) fire hydrant assemblies. (5) Install 9 (nine) 6" x 30" PVC pipe nipples. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the construction of the 12 -inch waterline improvements, no site improvements are required. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by June 30, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this EXHIBIT H Paaq_ of 10 Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 30th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2011. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default, b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. EXHIBIT H Page 3 of 10 —1'14— e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (1 of business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. EXHIBIT H Page 54 of 10 —91— 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: The Estate of Roy Milton Smith, Deceased Gladys Matte Smith Patricia Peterson Nuss Chris Ann Peterson Brown do San Jacinto Title 802 N. Carancahua, Suite 1500 Corpus Christi, Texas 78470 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the foram and substance as attached to this Agreement. EXHIBIT H Page 5 of 10 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Lift Station and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $223,080.97. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station improvement construction. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Thirty Seven Industrial Park, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. EXHIBIT H Page6 of 10 19. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 20. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa 'Angel R. Escobar City Secretary City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2010 Deborah W. Brown Assistant City Attorney for the City Attorney EXHIBIT H Page 7 of 10 —118— Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010_, by Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased. Notary Public, State of Texas Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010!, by Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased Notary Public, State of Texas EXHIBIT H PapT98 of 10 Gladys Mattie Smith THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Gladys Mattie Smith. Notary Public, State of Texas Patricia Peterson Nuss THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Patricia Peterson Nuss. Notary Public, State of Texas EXHIBIT H Page 9 of 10 —120— Chris Ann Peterson Brown THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Chris Ann Peterson Brown. Notary Public, State of Texas EXHIBIT H pm 19_ of 10 Page 1 of 2 AN ORDINANCE APPROPRIATING $223,080.97 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE SMITH AND PETERSON PARTIES FOR THE CONSTRUCTION OF A 12 -INCH WATERLINE EXTENDING FROM SOUTH PADRE ISLAND DRIVE (SH 358) TO HOLLY ROAD, AS SPECIFIED IN THE WATER ARTERIAL TRANSMISSION AND GRID MAIN REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $223,080.97 is appropriated from the No. 4030 Water Arterial Transmission and .Grid Main Trust Fund to reimburse the Smith and Peterson parties for the construction of a 12 -inch waterline extending from South Padre Island Drive (SH 358) to Holly Road, as specified in the Water Arterial Transmission and Grid Main Reimbursement Agreement; 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 shall take effect upon first reading as an emergency this the day of June, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to fonn:June 8, 2010. gyp.. 4 f , -/' , ` k Deborah Walther Broa+v, Assistant City Attorney For City Attorney Joe Adame Mayor 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: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 11 AGENDA MEMORANDUM City Council Action Date: June 15, 2010, AGENDA ITEM: ITEM A: A resolution approving a schedule of new and increased spay/neuter clinical charges. ITEM B: An ordinance amending the following provisions of Chapter 6 of the Code of Ordinances: Section 6 -27, entitled "Fees," to establish fees for the issuance of a three-year registration; Section 6 -28, entitled "Term," to revise the section to include a new three-year registration; Section 6 -29, entitled "Issuance and wearing of tag," to revise the fee for a replacement registration tag and establish a new fee for a replacement rabies tag; Section 6 -54, entitled "Fees," to revise permit fees; and Section 6 -126, entitled "Rabies vaccination," to allow for a three -year rabies vaccine; creating new Section 6 -104 to establish fees for small animal traps and new Section 6 -105 to establish a dead animal pick -up service fee; providing for an effective date; providing for penalties; providing for severance; and providing for publication ISSUE: The Health Department is proposing to set new and increased fees for the spay/neuter clinic (See Attachment A). The Health Department would collect these fees for the spay/neuter program. Additionally the Health Department is proposing to amend Chapter 6 to establish new fees and increase existing fees for Animal Care Services (See Attachment B). The Health Department will continue to collect these fees. REQUIRED COUNCIL ACTION: Approval of the resolution and ordinance. PREVIOUS COUNCIL ACTION: Clinical fees established in 2007 and not since revised. Last Chapter 6 ordinance revision 12 -14 -2004, with the exception of circus permit fees, did not include an increase in fees. FUNDING: There is no funding or match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodriguez, M.P.H. Director of Public Health annetter aOcctexas.com 361- 826 -7205 r15i) BACKGROUND INFORMATION U on resentation of this a ends item at the Cif Council Meetin of June 8 2010 Council members requested an analysis of the cost associated with the dead animal pick. Based u on that anal sis if has been determined That the on final fee resented failed to sufficiently recover the cost of the service. Therefore this agenda item has been amended in Sec. 6-105 of Attachment B. ITEM A: The Low Cost Spay /Neuter Clinic began October 2007. At that time, the City set in place certain fees that were associated with the vaccinations that were required for surgery. Since that time the clinic has utilized the veterinarian for the adoption program, as well as for cruelty cases. These situations require Animal Care Services to be able to place a value upon other items that are used to treat these animals. ITEM B: In updating the ordinance regarding rabies in Sec. 6 -126, we need also to update the registration requirements of Sec. 6 -26, offering a three- year as well as the one -year registration. Permits, Sec. 6 -54, sets out fees for certain animal related permits the City requires. Upon a review of these fees, it was found that an increase is appropriate. Rabies, Sec. 6 -126, requires the owners of dogs and cats within the City to vaccinate their dogs and cats on an annual basis. The State now permits a three -year rabies vaccine to be used on dogs and cats and for those animals to be recognized as currently vaccinated. Animal Care Services is seeking to allow this practice of vaccinating every 3 years. Additionally, Animal Care Services provides traps to citizen. Currently citizens are required to leave only a refundable deposit. The deposit addresses if a trap is abused, broken or stolen. However, it does not address normal wear and tear. Therefore, in order to be able to replace such traps, Animal Care Services is requesting to charge a fee for the use of the traps in conjunction with the refundable deposit. Finally, Animal Care Services has been providing to the local businesses, including veterinarians the service of dead animal pick up. While most veterinarians charge a fee to their customers for the service of euthanasia and disposal, Animal Care Services has been providing the dead animal pick up without charge. This ordinance will correct this oversight, and will result in cost recovery. New Fees Schedule for Clinic 2010 Attachment A escri .tioxi , ;r �';;Y: - eiViF'ees• _ _ . Miscellaneous Microchip 25.00 Heartworm Test single dose small animal 3.00 Heartworm Test sin : le dose medium animal 5.00 Heartworm Test single dose lar:e animal ■ 7.00 Heartworm Prev. Box of 61 small ■ 12.00 Heartworm Prev. Box of 61 medium • 20.00 Heartworm Prev. Box of 611 • . e • 40.00 Feline Leukemia Test 1 20.00 Antibiotics ■ 7.00 ml: Flea & Tick Preventative Sin:le dose / Small ■ 11.00 Flea & Tick Preventative Sin: e dose 1 med. 1 12.00 Flea & Tick Preventative Sin: a dose / lar_e II 13.00 Flea Preventative box of 61 small ■ 60.00 Flea Preventative box of 61 med. ■ 62.00 Flea Preventative box of 61 lar:e ■ 64.00 Fecal Test 1 1.00 Parvo Test ■ 20.00 Heartworm Test II 10.00 Wormer 1 2.50 • er 10lbs. Ca • star 57m: /.14 een ■ 5.00 Ca 'star 11.41 blue 1 5.00 1 —129— 1 Amended Fees Schedule for Clinic 2010 Attachment A - Continued Required Surjery Vaccinations Current Fee 5.00 Suggested Fee 8.00 Distemper (feline & canine) Bordetella (kennel cough) 5.40 8.40 —1 3 0— 2 A RESOLUTION APPROVING A SCHEDULE OF NEW AND INCREASED SPAY /NEUTER CLINICAL CHARGES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. In accordance with Section 6-128, Chapter 6, of the Code of Ordinances, a schedule of new and increased spay /neuter clinical charges for the Animal Care Services Division of the Health Department is approved. A copy of the approved schedule is attached and will be placed on file in the City Secretary's Office. ATTEST: Armando Chapa • City Secretary APPROVED: June 2, 2010 Er -th R. Hundley Asst = nt City Attorney for the City Attorney EHres264 CITY OF CORPUS CHRISTI Joe Adame Mayor -131 - -161- Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres2B4 -132- -'1 A 9 _ 7-1.64k 49/08/10 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 6 OF THE CODE OF ORDINANCES: SECTION 6 -27, ENTITLED "FEES," TO ESTABLISH FEES FOR THE ISSUANCE OF A THREE -YEAR REGISTRATION; SECTION 6 -28, ENTITLED "TERM," TO REVISE THE SECTION TO INCLUDE A NEW THREE -YEAR REGISTRATION; SECTION 6 -29, ENTITLED "ISSUANCE AND WEARING OF TAG," TO REVISE THE FEE FOR A REPLACEMENT REGISTRATION TAG AND ESTABLISH A NEW FEE FOR A REPLACEMENT RABIES TAG; SECTION 6 -54, ENTITLED "FEES," TO REVISE PERMIT FEES; AND SECTION 6 -126, ENTITLED "RABIES VACCINATION," TO ALLOW FOR A THREE -YEAR RABIES VACCINE; CREATING NEW SECTION 6 -104 TO ESTABLISH FEES FOR SMALL ANIMAL TRAPS AND NEW SECTION 6 -105 TO ESTABLISH A DEAD ANIMAL PICK -UP SERVICE FEE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 6 -27, Chapter 6, of the Code of Ordinances, entitled "Fees," is amended to read as follows: "Sec. 6-27. Fees. "(a) The annual registration fee-is fee for a dog or cat that has been currently vaccinated with a manufactured one -near or three -year interval rabies vaccination is as follows: "(1) Each spayed or neutered dog or cat ... $4,00 4.00 "(2) Each dog or cat not spayed or neutered ... 4 -0-00 12.00 "(b) The fee for a three -year registration for a dog or cat that has been currently vaccinated with a manufactured three -year interval rabies vaccination is as follows: "(1) Each spayed or neutered dog or cat ... $ 10.00 "(2) Each dog or cat not spayed or neutered ... 35.00 "fla) Lc]. No fee may be charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. "40)• fru No fee may be charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. " f Participating veterinarians will be rebated one dollar ($1.00) for each registration they issue if duplicate copies of the registration and vaccination certificates are submitted to the Animal Care Services division within ten (10) days of issuance of the registration." SECTION 2. Section 6 -28, Chapter 6, of the Code of Ordinances, entitled "Term," is amended to read as follows: "Sec. 6-28. Term. a If not revoked under the • rovisions of this chaster an annual re istration is effective for a period of one (1) year from the date of the rabies vaccination, if the registration is issued to an animal vaccinated with a one -near rabies vaccine or a three -year rabies vaccine and is issued on the date of original vaccination. "(b) If not revoked under the provisions of this chapter. a three -year registration is effective for a period of three (3) nears from the date of vaccination if the registration is issued on the date of original vaccination." lc) In the event that a registration is, or has been, purchased on a date other than the rabies vaccination date. the registration issued is effective for a period of one (1 ) year from the date of issuance or the expiration date of the rabies vaccination, whichever occurs earlier. In no instance may any registration exceed the date of expiration of the rabies vaccination that was administered." SECTION 3. Section 6 -29, Chapter 6, Code of Ordinances, entitled "Issuance and wearing of a tag," is amended to read as follows: "Sec. 6 -29. Issuance and wearing of tag. "(a) * * * * ** "(c) Replacement of tag. A duplicate registration tag may be obtained from the Animal Care Services division upon payment of a five- dollar ($5.00) replacement fee and proof of presentation of the original registration receipt. For animals administered a rabies vaccination through the Animal Care Services division for which the vaccine remains effective, a duplicate rabies vaccination tag may be obtained from the division upon payment of a five - dollar ($5.00) replacement fee. "(d) * * * " SECTION 4. Section 6 -54, Chapter 6, Code of Ordinances, entitled "Fees," is amended to read as follows: —134 R EHord297 Page 2 of 6 "Sec. 6-54. Fees. "(a) Fees for commercial permits are as follows: "Auctions ... $ 100.00 "Circuses ... 200.00 "Department Stores «;Bh, re dents, bird) . 2540 50.00 "Grooming Shops ... 5040 25.00 "Guard Dogs: "Single dog /single site ... 2540 50.00 "Multiple dogs/single site ... 50.00 75.00 "Multiple sites with one (1) dog ... 1-00-00 125.00 "Kennels: "Authorized less than ten (10) animals ... 2500 50.00 "Authorized between ten (10) and fifty (50) animals ... 50:40 75.00 "Authorized fifty -one (51) or more animals . , . 4-0040 125.00 "Performing Animal Exhibit ... 25.00 "Performing Animal Exhibition ... 200.00 "Pet Stores ... 50.00 "Petting Zoos (temporary; Tess than ten (10) days) ... 50.00 "Rodeos ... 200.00 - "Stables: "Authorized Tess than ten (10) horses ... 25.00 50.00 "Authorized between ten (10) and twenty -five (25) horses ... 5040 75.00 "Authorized twenty -six (26) or more horses ... 4-0040 125.00 "(b) * * * SECTION 5. Section 6 -126, Chapter 6, of the Code of Ordinances, is amended to read as follows: "Sec. 6 -126. Rabies vaccination. EHord297 Page 3 of 6 "(a) No person may own, keep, harbor or have custody or control of a dog or cat over four (4) months of age within the city, unless the dog or cat has been immunized against rabies - • - - _ . _ _ _ _ in accordance with this chapter and State law. In the event of a conflict of laws the more strin ent revision shall revail. "(b) * * *" SECTION 6. A new section, Section 6 -104, is created in Chapter 6 of the Code of Ordinances to establish fees relating to rentals of small animal traps, to read as follows: "Sec. 6-104-6-1.2&—Reserved. Small animal traps. "Small animal traps will be rented by the Animal Care Services division to a citizen for a char a of 1 0.00. This rental fee rovides for the use of a tra for seven (7) calendar days. There is a required refundable deposit of $50.00 prior to the rental of a trap. The following are exempt from the rental fee and deposit: low income citizens below the poverty level as established by the U. S. Department of Health and Human Services; provided, however, in order to obtain such an exemption on the fee and deposit, the exempted citizen shall be required to state in a written agreement that he/she is entitled to the exemption. There is a $50.00 replacement charge for all small animal traps that are lost, stolen, or otherwise damaged rendering the trap unusable by the Animal Care Services division regardless of exemption status for rental fees and deposit." • SECTION T. A new section, Section 6 -105, is created in Chapter 6 of the Code of Ordinances to establish a dead animal pick -up service fee, to read as follows: "Sec. 6 -105. Dead animal pick -up service fee. "From participating local commercial businesses, a service fee of $1.00 per animal will be collected for each dead dog, cat, or small animal upon pick up of the animal by the City. The maximum weight of any animal picked up under this section may not exceed 100 pounds. The disposal of any dead animal weighing over 100 pounds will be handled in accordance with the provisions of Chapter 21 of the Code." "Sec. 6-106-6-125. Reserved." SECTION 8. The provisions of this ordinance are effective on and after July 1, 2010, SECTION 9. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. EHord2g7 —13 6— Page 4 of 6 SECTION 11. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. —137 - EHord297 Page 5 016 The foregoing ordinance was read for the first time and passed to its second reading on the day of , 2010, by the following votes: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed on its final reading on the day of , 2010, by the following votes: 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: June 2, 2010 Eliza Ch R. Hundley Assis ant City Attorney for the City Attorney Eliord29T —138— Joe Adame Mayor Page 6 of 6 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 6 OF THE CODE OF ORDINANCES: SECTION 6 -27, ENTITLED "FEES," TO ESTABLISH FEES FOR THE ISSUANCE OF A THREE -YEAR REGISTRATION; SECTION 6 -28, ENTITLED "TERM," TO REVISE THE SECTION TO INCLUDE A NEW THREE -YEAR REGISTRATION; SECTION 6 -29, ENTITLED "ISSUANCE AND WEARING OF TAG," TO REVISE THE FEE FOR A REPLACEMENT REGISTRATION TAG AND ESTABLISH A NEW FEE FOR A REPLACEMENT RABIES TAG; SECTION 6-54, ENTITLED "FEES," TO REVISE PERMIT FEES; AND SECTION 6 -126, ENTITLED "RABIES VACCINATION," TO ALLOW FOR A THREE -YEAR RABIES VACCINE; CREATING NEW SECTION 6 -104 TO ESTABLISH FEES FOR SMALL ANIMAL TRAPS AND NEW SECTION 6 -105 TO ESTABLISH A DEAD ANIMAL PICK -UP SERVICE FEE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 6 -27, Chapter 6, of the Code of Ordinances, entitled "Fees," is amended to read as follows: "Sec. 6-27. Fees. "(a) Fee,The annual registration fee-is fee for a doq or cat that has been currently vaccinated with a manufactured one -year or three -year interval rabies vaccination is as follows: "(1) Each spayed or neutered dog or cat ... $-3700 4.00 "(2) Each dog or cat not spayed or neutered ... 4400 12.00 "(b) The fee for a three -year registration for a doq or cat that has been currently vaccinated with a manufactured three -year interval rabies vaccination is as follows: "(1) Each spayed or neutered dog or cat ... $ 10.00 "(2) Each doq or cat not spayed or neutered ... 35.00 "(#} No fee may be charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. "{s} No fee may be charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. "(-GI) f) Participating veterinarians will be rebated one dollar ($1.00) for each registration they issue if duplicate copies of the registration and vaccination certificates are submitted to the Animal Care Services division within ten (10) days of issuance of the registration." SECTION 2. Section 6 -28, Chapter 6, of the Code of Ordinances, entitled "Term," is amended to read as follows: "Sec. 6-28. Term. "(a) If not revoked under the provisions of this chapter, an annual registration is effective for a period of one (1) year from the date of the rabies vaccination, if the registration is issued to an animal vaccinated with a one -year rabies vaccine or a three -year rabies vaccine and is issued on the date of original vaccination. "(b) If not revoked under the provisions of this chapter, a three -year registration is effective for a period of three (3) nears from the date of vaccination if the registration is issued on the date of original vaccination." "(c) In the event that a registration is, or has been, purchased on a date other than the rabies vaccination date, the registration issued is effective for a period of one (1) year from the date of issuance or the expiration date of the rabies vaccination, whichever occurs earlier. In no instance may any registration exceed the date of expiration of the rabies vaccination that was administered." SECTION 3. Section 6 -29, Chapter 6, Code of Ordinances, entitled "Issuance and wearing of a tag," is amended to read as follows: "Sec. 6 -29. Issuance and wearing of tag. '[(a) * ** "(c) Replacement of tag. A duplicate registration tag may be obtained from the Animal Care Services division upon payment of a iwo dol ar ( 2 0O) five - dollar ($5.06) replacement fee and proof of presentation of the original registration receipt. For animals administered a rabies vaccination through the Animal Care Services division for which the vaccine remains effective, a duplicate rabies vaccination tag may be obtained from the division upon payment of a five - dollar ($5.06) replacement fee. SECTION 4. Section 6 -54, Chapter 6, Code of Ordinances, entitled "Fees," is amended to read as follows: E Hord 297 - revised.d o cx —140— Page 2 of 6 "Sec. 6-54. Fees. "(a) Fees for commercial permits are as follows: "Auctions ... $ 100.00 "Circuses ... 200.00 "Department Stores ... 25.00 50.00 "Grooming Shops ... 50-90 25.00 "Guard Dogs: "Single dog/single site . 25.00 50.00 "Multiple dogs/single site ... 50700 75.00 "Multiple sites with one (1) dog .. . 400,00 125.00 "Kennels: "Authorized less than ten (10) animals ... 2-540 50.00 "Authorized between ten (10) and fifty (50) animals ... 50.00 75.00 "Authorized fifty -one (51) or more animals ... 4-09 0 125.00 "Performing Animal Exhibit ... 25.00 "Performing Animal Exhibition ... 200.00 "Pet Stores ... 50.00 "Petting Zoos (temporary; Tess than ten (10) days) ... 50.00 "Rodeos ... 200.00 "Stables: "Authorized less than ten (10) horses ... 25.00 50.00 "Authorized between ten (10) and twenty -five (25) horses 50.09 75.00 "Authorized twenty -six (26) or more horses ... 4$9- 00125.00 SECTION 5. Section 6 -126, Chapter 6, of the Code of Ordinances, is amended to read as follows: "Sec. 6-126. Rabies vaccination. EH o rd 2 97 -nevi sed. do cx —141— Page 3of6 "(a) No person may own, keep, harbor or have custody or control of a dog or cat over four (4) months of age within the city, unless the dog or cat has been immunized against rabies vetericieFi-an-en-an-a-Afwai-bas4 in accordance with this chapter and State law. In the event of a conflict of laws, the more stringent provision shall prevail. t(b) * * * „ SECTION 6. A new section, Section 6 -104, is created in Chapter 6 of the Code of Ordinances to establish fees relating to rentals of small animal traps, to read as follows: "Sec. 6 -10 . Small animal traps. "Small animal traps will be rented by the Animal Care Services division to a citizen for a charge of $1 0.00. This rental fee provides for the use of a trap for seven (7) calendar days. There is a required refundable deposit of $50.00 prior to the rental of a tra The followin are exem t from the rental fee and de osit: low income citizens below the poverty level as established by the U. 5. Department of Health and Human Services: provided, however, in order to obtain such an exemption on the fee and deposit, the exempted citizen shall be required to state in a written agreement that he/she is entitled to the exemption. There is a $50.00 replacement charge for all small animal traps that are lost, stolen, or otherwise damaged rendering the trap unusable by the Animal Care Services division regardless of exemption status for rental fees and deposit." SECTION 7. A new section, Section 6 -105, is created in Chapter 6 of the Code of Ordinances to establish a dead animal pick -up service fee, to read as follows: "Sec. 6 -105. Dead animal pick -up service fee. "From participating local commercial businesses, a service fee of $5.00 for the first three dead animals, then $5.00 for each dead animal thereafter will be collected for each dead dog, cat, or small animal upon pick up of the animal by the City. The maximum weight of any animal picked up under this section may not exceed 100 pounds. The disposal of any dead animal weighing over 100 pounds will be handled in accordance with the provisions of Chapter 21 of the Code." "Sec. 6-106-6-125. Reserved." SECTION 8. The provisions of this ordinance are effective on and after July 1, 2010. SECTION 9. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite E Hord297- revised. docx -142- Page 4 of 6 intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 11. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. EH o rd297 - revised. d ocx —143— Page 5 of 6 The foregoing ordinance was read for the first time and passed to its second reading on the day of , 2010, by the following votes: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed on its final reading on the day of , 2010, by the following votes: 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: June 10, 2010 4,3-7 Lisa Agu' Assistant ity Attorney for the City Attorney E Ho rd297- revised.d ocx —144— Joe Adame Mayor Page 6 of 6 12 NU ATTACHMENT FOR THIS ITEM 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/15/2010 AGENDA ITEM: Resolution approving the FY 201012011 budget for the Corpus Christi Crime Control and Prevention District. ISSUE: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. BACKGROUND INFORMATION: The voters on November 4, 1997 established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8th -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 21, 2010 and the Board adopted the budget on the same day. The City Council held a public hearing on June 8, 2010 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2010/2011 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 8, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the budget. D. Troy Riggs Chief of Police troyra,cctexas. com 886 -2603 Attachments: Adopted budget Crime Control & Prevention District FY- 2008/2009 Actual Revenues & Expenditures FY- 2009/2010 Year End Revenue & Expenditure Estimates FY 2010/2011 Proposed Budget Actuals Amended Estimated Proposed 2008 -2009 2009/20/0 2009/2010 2010/2011 1,980,599-r Beginning Balance 2,394,908 2,372,309 2,372,309 Revenues Sales Tax 4,982,021 5,265,161 4,545,021 5,039,075 interest on Investments 47,081 23,779 18,000 19,806 Transfer from Group Health Fd. Z471 2,471 - Transfer From Gen. Liability Fd. - 61,706 61,706 - Transfer From Workman's Comp - 78,250 78,250 - Juvenile Drug Testing 16,008 16,000 16,000 16,000 Sale of Scrap /City Property 3,848 - 7,553 - Total Current Revenues 5,048,957 5,447,368 4,729,000 5,074,881 Total Funds Available 7,443,866, 7,819,677 7,101,310 7,055,480 Expenditures Police Officer Costs 4,135,646 4,423,566 4,218,861 4,244,943 Pawn Shop Detail 130,859 ' 147,927 146,992 150,190 Public Safety Veh. & Equip. 123,357 135,000 135,000 137,500 Graffiti Eradication Program 176,930 120,421 121,521 112,987 Juvenile Assessment Center 323,133 392,276 334,122 387,703 Citizens Advisory Council 3,491 10,500 8,950 10,500 Juvenile City Marshals 178,140 179,468 155,264 191,266 Total Expenditures 5,071,556 5,409,158 5,120,710 5,235,088 Ending Balance 2,372,309 2,410,520 1,980,599 1,820,392 Surplus /(Deficit) (22,599) 38,210 (391,710) (160,208) RESOLUTION APPROVING THE FY 2010/20/1 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010/2011 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 18, 2010 T. rishkOang Assistant City Attorney For City Attorney 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 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 15. 2010 AGENDA ITEM: Motion authoring the City Manager or his designee to execute all documents necessary to lease 209 DataLux Mobile Data Computers from Austin Ribbon and Computer of Austin, Texas for four years for a cost not to exceed $1,665,874.04 over the four year term, of which $37,723.14 is required in FY 2009 -2010. Austin Ribbon and Computer is a State of Texas vendor number 174 -233- 9797 -900. ISSUE: Current mobile data computer hardware is out of warranty and has a high failure rate, Repair parts delivery time from current vendor exceeds two weeks causing Public Safety vehicles to be unnecessarily out of service. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: On April 24, 2007, City Council Motion M2007 -110 authorized a purchase of two hundred (200) mobile data computers from LLCIData911 for Public Safety. FUNDING: Funding for these costs is in current MIS budget. Future costs will be requested in subsequent budget years. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Michae Armstrong Director of MIS 826 -3735 M ichaelAr@cctexas. com Troy Riggs Chief of Police 826 -2600 TroyR@a,cct exas. co in Richard Hooks Fire Chief 826 -3932 RLHa cctexas.com BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi purchased 200 Mobile Data Computers (MDC) for Public Safety Police and Fire departments in May 2007 with an expected life span of 36 months. The hardware currently in use, Data911 M5 reached end of life April 2010. The MDC in each first responder vehicle is used to send dispatch information, provide routing information and access to Criminal History data and report entry for responding units. Presently the failure rate of the MDC hardware is at an unacceptable level (73% of monitors and 28% of the computer CPUs have failed at least once). At least two conditions in the current hardware are not repairable: 1) condensation forms on the monitors in the hot summer months and cannot be cleared unless the humidity level inside the vehicle can be lowered with the air conditioning system; 2) the touch screens are not properly calibrated causing the pointer to jump spontaneously and making selecting buttons and fields in the applications very difficult. In addition, the current warranty coverage requires the City to return the impaired hardware at our expense and await the return of the repaired or replacement. This waiting period is, on average, two weeks. Hardware failures force first responders to park the vehicle at the motor pool or contact a technician by radio (only during regular business hours) to respond to their location to troubleshoot and attempt to repair the computer. While awaiting repair parts or components, some spares can be installed; however the high failure rate of these parts sometimes means there are no spares available. During the past 3 years, DataLux computers have been installed and tested in specialized units and, due to their sealed, self- contained form factor have proven more reliable. Field officers have indicated satisfaction with the DataLux systems and other mobile computing departments have selected for use in the MGWP (Mobile Government Worker) program (Development Services, Gas, and Graffiti Trucks). Austin Ribbon and Computer a woman- owned, historically underutilized business (HUB) has proposed a replacement program of all CCPD and CCFD MDCs with DataLux Tracer TX -204- 106, newly designed mounting hardware for each type of vehicle in the fleet, removal and installation and a four (4) year warranty (Quotes #98695 & #90577). The program would clear the City's current obligation to Bank of America of $37,723.14 and provide a lease contract for 48 months to begin July 1, 2010 consisting of first rental payment of $37,723.14 and 47 rental payments for $34,641.51. At the conclusion of the lease, the City will have the option to return the equipment, extend the lease or purchase the equipment for fair market value. Funding is available in the FY09 -10 MIS budget for $37,723.14 representing the first rental payment. Twelve (12) lease payments of $34,641.51 totaling $415,698.12 will be requested in FY10 -11 MIS budget SCHEDULE NO. 1 dated as of July 1, 2D10 ( "Schedule ") THIS SCHEDULE is entered into by and between the undersigned Lessee and Lessor pursuant to Appendix D to DIR Contract No. DIR -SDD -1032 (collectively, the "Contract') between Datalux Corporation and the State of Texas Department of Information Resources, to include state entities purchasing through the Contract. All terms and conditions of such Contract are incorporated herein and made a part of hereof, and unless otherwise specified herein, the terms used in this Schedule shall have the same meanings as used in the Contract. Conflicts between the provisions of the Contract and this Schedule are governed by the provisions hereof. The order of precedence shall be the Schedule and then the Contract. By its signature hereon, Lessee represents it has read, understands and agrees to the Terms and Conditions of the Contract identified above and the provisions of this Schedule. IN WITNESS WHEREOF, Lessee and Lessor reaffirm all of the terms and conditions of the Contract, except as modified hereby, and cause this Schedule to be executed by their duly authorized representatives. By execution of this Schedule, the parties acknowledge that Austin, Ribbon & Computer Supplies, Inc. is the Lessor under the terms of this Schedule, Appendix D of the Contract and wherever Lessor is referenced in the Contract and that all references herein to Lessor shall mean and refer to Austin Ribbon & Computer Supplies, Inc. In addition, both parties agree that Austin Ribbon & Computer Supplies, Inc. is an authorized equipment reseller under DIR Contract No. DIR - SDD -1032. LESSOR: stirs Ribbon & Computer Supplies, Inc. BY: NAME 'Jan f r .5 TITLE: Cco /Pund.er DATE: LESSEE: City of Corpus Christi BY: NAME: TITLE: DATE: 1. SCHEDULE TERM. July 1, 2010 ('Commencement Date ") plus forty -eight (48) months thereafter. 2. RENT. a. Due an the first day of July, 2010; one payment of rent in the amount of $37,723.14. Approved as to form: C'' 61 . i o Lisa A r Assistant City Attorney For City Attorney b. Due on the first day of August, 2010 for the remaining Schedule Term; Rent in the amount of $34,641.51. b. Title to the Equipment will rest with the Lessee so long as the Equipment remains in their possession and Lessor will retain a security interest in the Equipment. If the Lessee decides to retum the equipment to the Lessor pursuant to the Lease, the title to the Equipment will revert back to Lessor. 3. EQUIPMENT LOCATIONS. See Attachment A annexed hereto and made a part hereof. 4. EQUIPMENT DESCRIPTION. ][t Mfy Model# Description See Attachment A annexed hereto and made a part hereof. Total Equipment Cost *: $1,411,747.14 Equipment Unit Cost* *Provided solely for the purposes of calculating proportional Stipulated Loss Value pursuant to Section 18 of Appendix D to the Contract and in conjunction with Section 5 of this Schedule. 5. STIPULATED LOSS VALUE. The Stipulated Loss Value for any Equipment shall be the percentage set forth below of the Equipment Unit Cost set forth in Section 4 of this Schedule, in addition to the monthly Rent payment. If no Equipment Unit Cost is given for an item of Equipment, it's Stipulated Loss Value and the proportional Rent calculations for the purposes of Section 18 of Appendix D to the Contract shall be based on the ratio of Lessor's original purchase price for that Equipment to Lessor's original purchase price for all Equipment on the Schedule. The below percentages apply from the Rent payment period listed beside the percentage to the next listed Rent payment period. —159— Rent Pint/ C.V. % Rent Pmt# C.V.% Rent Pmt# C.V.% 1 100.00 17 80.69 33 54.81 2 99.06 18 79.26 34 52.98 3 98.00 19 77.81 35 51.12 4 96.92 20 76.32 36 49.25 5 95.82 21 74.81 37 47.36 6 94.70 22 73.27 38 45.45 7 93.55 23 71.10 39 43.52 8 92.38 24 70.12. 40 41.55 9 91.18 25 68.51 41 39.58 10 89.96 26 66.88 42 37.57 11 88.72 27 65.23 43 35.53 12 87.44 28 63.55 44 33.49 13 86.15 29 61.85 45 31.41 14 84.82 30 60.13 46 29.30 15 83.47 31 58.38 47 27.15 16 82.10 32 56.61 48 and thereafter 25.00 6. FISCAL PERIOD. August 1 °i to July 3181. T. MODIFICATION TO MASTER LEASE. Section 3; insert the following to the end of the paragraph: Until either party provides the other with prior written notice of termination, Renewal Terms of each Schedule shall extend automatically, at the Rent last in effect, for successive three month terms beyond the expiration of the Schedule Term. All such terminations are effective only (I) following written notice received not less than ninety (90) days prior to the end of the Schedule Term, (ii) on the last day of the Schedule Term or Renewal Term then in effect, and (iii) with respect to not less than all Equipment under a Schedule. Notice of Termination by Lessee may not be revoked without Lessor's consent. Section 19; delete the eighth sentence. Section 28; revise the section to insert 'only after a Certificate of Acceptance is signed" following *Uniform Commercial Code ". 8. RETURN PROVISIONS. In addition to the provisions provided in Section 13 of Appendix ❑ to the Contract, on the last day of the Schedule Term or an any earlier termination date as provided herein, Lessee shall retum the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear alone excepted, to the location specified by Lessor. a. Each piece of Equipment returned shall be the Whole Unit. Whole Units shall be defined as follows: (1) Servers consisting of CPUs and or processors, server cabinets, memory, base disk drives, expanded disk storage, storage controllers, network controllers, graphics cards, power supplies, cables, tapes drives and extemal devices to include disk subsystems, optical systems, additional tape drives, manuals, etc. (ii) Personal Computers and/or Desktops consisting of the CPU, memory, hard drives, monitor, modems, CD ROM, diskettes drives, Ethernet cards, keyboards, manuals, etc. (iii) Printers consisting of base printer, cables, memory, trays, etc. (iv) Laptops consisting of memory, hard drives, modems, CD ROM, diskettes drives, Ethernet cards, manuals, etc., and (v) Individual Hubs and Routers consisting of all internal devices. b. All copies of operating software, which were pre - loaded on the Equipment when delivered to Lessee or included In the Schedule, shall be returned to Lessor at the conclusion of the Schedule Term. Lessee shall further take all actions reasonably required to transfer Lessee's rights under all software licenses to Lessor, to the extent permitted by such license, including, but not limited to, destroying all additional copies of such software and certifying the same to the best of its knowledge to Lessor. c. Lessee shall arrange and pay for de- installation and packing in accordance with the manufacturer's specifications and for insured transportation to the destination, such insurance coverage to be not less than the Equipment Stipulated Loss Value last in effect. d. Lessee shall, at its expense, cause each returned Equipment to be repaired as necessary to qualify for maintenance by the manufacturer and to contain all current manufacturer - prescribed engineering changes. e. Upon request, Lessee shall provide Lessor, within ten (10) days of Equipment de- installation, written certification by the manufacturer that each piece of Equipment qualifies for maintenance. If on the last day of the Schedule Term, Lessee shall fail to retum to Lessor any Equipment listed on the Schedule, or shall return any Equipment not in good repair, condition and working order, ordinary wear and tear excepted, at Lessor's option either (i) Lessee shall be treated as a holdover tenant for all of tlrtljipment listed on the Schedule for a Renewal Term of ninety (90) days and shall continue to pay Rent in the amount set forth in the Schedule for all Equipment, or (ii) Lessee shall immediately pay to Lessor the Stipulated Loss Value last in effect for all Equipment listed on the Schedule. In no event may Lessee avoid the effect of this provision by returning less than all Equipment listed on any Schedule or by returning substitute Equipment unless Lessor, in its sole discretion, shall expressly agree in writing. This Section shall not derogate from Lessor's right, to be exercised in its sole discretion, to obtain return of all Equipment on the last day of the Schedule Term, or to declare an Event of Default for any failure of Lessee to so return the Equipment. 9. EXECUTION. This Schedule shall not be binding on Lessor until executed and delivered by Lessee and executed by Lessor. The first rental payment of $37,723.14 is the final payment of the initial Bank of America loan to Corpus Christi. -161- NOTICE OF ASSIGNMENT LETTER July 1, 2010 City of Corpus Christi 1201 Leopard Corpus Christi, TX 78469 -9277 Re: That certain Schedule No. 1 between Austin Ribbon & Computer Supplies, Inc. (the 'Lessor') and the City of Corpus Christi (the `Lessee') as assigned to ePlus Group, inc. (the 'Assignee") under the terms and conditions of Appendix D to DIR Contract No. DIR -SDD -1032 between Datalux Corporation and the State of Texas, acting by and through the Department of information Resources. Please be advised that pursuant to the Contract, Austin Ribbon & Computer Services, Inc. is assigning all of Its right, title and Interest in, to and under the Contract, the Equipment and all payments (including one (1) Rent payment in the amount of $37,723.14 and forty -seven (47) Rent payments in the amount of $34,641.51, beginning with the 1st payment due July 1, 2010) due there under to: Austin Ribbon & Computer Supplies, Inc. clo ePlus Group, Inc. Any payment hereunder made to Lessor shall be paid to Lessor in trust for Assignee and, as such shall not be property of Lessor, and in the event of a bankruptcy of Lessor, shall not be an Equipment or property of Lessor's estate All Rent and other payments to be paid under this Schedule shall be invoiced by the Assignee and paid by Lessee directly to the Assignee as set forth below or as otherwise directed in writing by the Assignee. The below remit to address cannot be changed and the payments assigned hereunder cannot be re- directed without the express written consent of the Assignee. All payments are to be sent directly to: Post Office Box 92458 Cleveland, OH 44193 All notices In connection with the Contract are to be sent directly to: *Plus Group, Inc. Attn: Contracts Department 13595 Dulles Technology Drive Herndon, VA 20171 Lessor hereby grants to Assignee a limited power of attomey for Assignee to deposit checks made in Lessor's name with respect to any payment due under this Schedule Furthermore, without the prior written consent of Assignee, which shall not be unreasonably withheld, neither the Lessor nor Lessee shall assign, sublease, transfer, pledge or hypothecate the Notice of Assignment or any interest. We request that this Notice of Assignment be acknowledged by signing in the space provided below and retuming an original document to us. Sincerely, ACKNOWLEDGED AND AGREED: Austin Ribbon & Computer Supplies, Inc. Title: Ca / &kVA tr Date: cxCP 10M0 City of Corpus Christi By: Name: Title: Date: ACKNOWLEDGED AND AGREED: ePlus Group, inc. By: Name: Title: Date: -162- CERTIFICATE OF ACCEPTANCE Certificate of Acceptance under Schedule No. 1 dated as of July 1, 2010 to Appendix D to DIR Contract No. DIR -SDD- 1032 (collectively, the "Contract') between Austin Ribbon & Computer Supplies, Inc. ( "Lessor") and City of Corpus Christi ( "Lessee "). 1. Equipment. The Lessee hereby certifies that the Equipment set forth and described in the above mentioned Schedule have been delivered to the location(s) set forth in the Schedule, inspected by the Lessee, found to be in good order and accepted, all on the Date of Acceptance set forth below: Date of Acceptance: July 1. 2010 2. Representations by the Lessee. The Lessee hereby represents and warrants to the Lessor and any Assignees that on the Date of Acceptance set forth above: (a) the representations and warranties of the Lessee set forth in the Lease are true and correct in all material respects as though made on and as of such Date of Acceptance; (b) the Lessee has satisfied or complied with all requirements set forth in the Lease to be satisfied or complied with on or prior to such Date of Acceptance; (c) no Default or Event of Default under this Lease has occurred and is continuing on such Date of Acceptance; and (d) the Equipment are insured in accordance with the provisions of Section 19 of Appendix D to the Contract. LESSEE: City of Corpus Christi BY NAME TITLE -163- ESSENTIAL USE LETTER To Be Submitted on Lessee's Letterhead RE: Schedules to Master Lease Agreement (Appendix D) to Contract No. DIR -SDD -1032 (the "Contract') between Austin Ribbon and Computer Supplies, Inc. (`Lessor") and the City of Corpus Christi ( "Lessee) as assigned to ePlus Group, Inc. ( "Assignee"). The following information sets forth the use of the property (herein so called) to be sold to the undersigned under the above - referenced Agreement. - 1) The property will be used by 2) The responsibilities of the Lessee are 3) The properly is essential to the Lessee's obligation to perform the foliowing functions: 4) The Lessee has/has not (circle one) always provided the functions set forth above. 5) Without the properly, the Lessee wouldlwould not (circle one) be able to perform the functions. 6) The functions being performed with the property are/are not (Girds one) permanent and non - cyclical? 7) The property isfis not (circle one) replacing asset(s) which performed a similar function. If the property is replacing asset(s) which performed a similar function, what was the prior asset(s), was it owned or leased, how old was it and what happened to it? 8) The property Isfis not (circle one) supplementing prior asset(s). If the property is supplementing prior asset(s). what portion is the property of the entire system (e.g., 50% of the total system in size and function)? 9) Would the Lessee be able to perform its functions without the property? 10) What is the useful life of the property? 11) What portion of the Lessee's overall function will be performed using the property? 12) What are the chances of the Lessee replacing the property? 13) What is the flow of appropriations for the property? The undersigned hereby represents that the use of the property is essential to its proper, efficient and economic operation. Sincerely, By: Titre: -164- INVOICING INFORMATION FORM Please help us provide a more efficient service to you by completing the information requested below and returning this form to us along with the Contract documentation. Company Name: =- .Reference Billing Address: TXM116 Attn: Primary AIP Contact: Name Phone (_) Email Secondary AIP Contact: Name Phone (__) Email Note: Please attach any supporting documentation you may have for the following: Federal Tax ID Number: Tax Exempt: Yes No (Attach copy of Tax Exempt Certificate for all applicable States) Direct Pay Certificate Number(s) (if applicable): Purchase Order Number: _ Invoice Type: Equipment Detail No Equipment Detail Property Tax Contact: Phone L..) Email: Property Tax Contact Mailing Address: (If different from above) COMMENTS: Confirmation: The above information is complete and accurate as of the date indicated Signature: Date: Title: Contact Tel. No.:( 1 REQUEST FOR INSURANCE • In accordance with Section 19 of Exhibit D to the Contract we have agreed, and instructed the insurance agent named below (please fill in name, address, etc.), to provide and maintain full insurance coverage for the Asset(s) per the terms of the Agreement. INSURANCE COMPANY: ADDRESS: CONTACT: TELEPHONE: POLICY NO.: FAX: Please issue: A. An Insurance Certificate with Liability Coverage in the amount of S1,000,000.00 total liability per occurrence naming ePlus Group, inc. and its assignees) as Certificate Holder and additional insured at the address listed below: ePlus Group, inc. and its assignee(s) 13595 Dulles Technology Drive Herndon, VA 20171 B. Evidence of Property Insurance in the form of a Certificate of Insurance and Long Form Loss Payable Clause with the following statement: _ " ePlus Group, inc. and its assignee(s) are included as Loss Payee and Additional Insured in an amount not less than the Stipulated Loss Values of the leased Equipment under Schedule No. 1 to Appendix D to DIR Contract No. DIR -SDD- 1032 ". C. A certificate noting this coverage, with a 30 day notice of cancellation or non - renewal clause should be sent to ePlus • Group, inc., to the attention of: INSURANCE COORDINATOR The Certificate(s) must reference Appendix D to DIR Contract No. DIR -SDD -1032 and Schedule No. 1 and extend for the term of the Schedule. City of Corpus Christi BY: TITLE: Please fax this information to your Insurance carrier and forward a copy of this form to ePlus Group, inc. with the other documentation. -166- INCUMBENCY CERTIFICATE I, , do hereby certify that I am the authorized for the City of Corpus Christi. The person(s) whose name(s) and titles) appear below is /are authorized officer(s) or representative(s) of City of Corpus Christi and hold on the date of this certificate and on the date of execution of the Contract (hereinafter defined) the position(s) set opposite his/her respective name(s). Each officer or representative is authorized to execute and deliver or to delegate his or her authority and deliver any equipment lease agreement schedule between the City of Corpus Christi and Austin Ribbon and Computer Services, Inc. as well as all other documents and instruments (all agreements, documents, and instruments shall collectively be referred to as the "Contract ") in connection therewith. IN WITNESS WHEREOF, I set my hand and the seal of the Lessee this day of , 20 (Seal) Signature NAME Name TITLE SIGNATURE -167- SAMPLE OPINION LETTER FOR THE CITY OF CORPUS CHRISTI TO BE EXECUTED ON COUNSEL'S LETTERHEAD ePlus Group, inb: 13595 Dulles Technology Drive Herndon, Virginia 20171 Gentlemen: We are counsel to the City of Corpus Christi (the "Lessee ") and, in that capacity we have examined and all subsequent Schedules thereto (collectively the "Contract`), between the Lessee and Austin Ribbon & Computer Supplies, Inc. ("Lessor), As a result of our examination of the Contract and such other examinations as we have deemed appropriate, we are of the opinion as follows: (a) The Lessee is a public body corporate and politic and is authorized by the Constitution and taws of the State of Texas to carry out its obligations under the Contract; (b) The Contract has been duly authorized, executed and delivered by , and constitutes a valid, legal and binding agreement, enforceable in accordance with its terms; (c) No approval, consent or withholding of objection is required from any governmental authority with respect to the entering into or performance by the Lessee of the Contract and the transactions contemplated thereby; (d) The entering into and performance of the Contract will not violate any judgment, order, law or regulation applicable to the Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Lessee or on the Asset(s) subject to the Contract pursuant to any instrument to which the Lessee is a party or by which it or Its assets may be bound; (e) Lessee has comptied with any applicable public bidding requirements in connection with the Agreement and the transactions contemplated thereby; (1) The Asset(s) are personal property and when subject to use by the Lessee will not be or become fixtures under the law of the State of Texas; (g) There are no actions, suits or proceedings pending or to our knowledge, threatened against or affecting the Lessee in any court or before any governmental commission, board or authority which, if adversely determined, will have a material, adverse effect an the ability of the Lessee to perform its obligations under the Contract. This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose contemplated by the Contract. Very truly yours, 'Authorized Signatory of Lessee under the Contract AUSTIN RIBBON + COMPUTER www.arc- texas.com 9211 Waterford Centre Blvd., Suite 202 Austin, Texas 78758 Phone: 512 - 452 -0651 Fax: 512. 452 -0691 Customer Contact Corpus Christi. City of Rose Esquivel raseeOc *exas.com PO Box 9277 CORPUS CHRISTI TX 78469 Tel: (361)828- 3767,(361)880 -3160 Fax: (361)826 -4201 1 2 3 4 5 ACCOtl ril 1031518 Quolaliou SO-98695 Item DTLITX- 204 -106 OTL.M1 -FI DTU2GB -RAM DTLI619 -222 6 DTUCPT 7 DTL1259 -012 8 DTUTRUMOUNTPKG 9 DTUFPLATEFCV2 10 11 12 DTUTX -204 -106 13DTUCOPKYBD3GT1 14 15 16 DTU619-239 17IDTU619 -208 18 DTL/619 -240 19 DTU619 -241 20 DTU619.233 Tcrnr,. NET 306 PO 0cscriptiou SALES QUOTE SQ -98695 6/02/2010 TRACER TRACER TX- 204 -106 Tracer Mobile Computer 802.11 a/blg/drafl n internal wireless Upgrade to 2GB RAM Lund keyboard arm with clip tray Copeland Power tamer Screen Protectors (recommended) TRU- MOUNTO -PKG2K Mount and Keyboard: Tracer Mount For Standard Vehicle Frames and Clip -On USB Backlit Keyboard With Glidepoint Trackpad (Fits Ford Crown Vic, 2002 -2005 Explorer/Expedition: Dodge Intrepid, 2000-2003 Durango; Chevy Tahoe and Suburban ) With Locking Latch Ford Crown Vic (all years) SPARES TRACER TX- 204 -106 Back lit keyboard CONSOLES FCV Console wi race plates Lund 5" HD Arm Rest CHB•2EN Double Cuphotder enclosed PS2 -3 3 outlet power strip CCV-BASE FCV seat bolt mount for console MEM Reference thy 146 146 146 146 146 146 146 146 5 5 146 146 146 146 146 Account Rep Scott Sizemore Ship VIA VENDOR CARRIER Prow U I,7 53 506.00 EA sss9A0 EA moo EA 1s96A0 EA NAM EA 121 A0 EA 1730.00 EA Please attach a copy of thls quote to your purchase order. The pricing of this proposal Is good for 30 days from the date of the sales quote. All product and pricing Information la based on latest Information available, which Is subject to change without notice or obligation. Austin Ribbon & Computer Supplies, Inc. VIN 1.74. 23397979 -061 P.O, Box 975093 Dallas, TX 76397.5093 Parr Prurtcd 1 8/212010 1:24:27PM Amount MOO EA mm.os EA 3339.90 EA 1239.00 EA 112420 EA 332.35 EA 337.75 EA 599.36 EA Page 1 Sub Total 5570276.00 517.374.00 112,14.50 916.330.00 313,73410 63,066.00 5106,560.90 60.00 90.00 51,650.00 134,094.00 116.133.20 64,723.10 15,511.50 314.606.56 5116,966.34 AR AUSTIN RIBBON + COMPUTER www.arc- texas.com Customer 9211 Waterford Centre Blvd., Suite 202 Austin, Texas T8758 Phone: 512.452 -0857 Fax: 512-452-0691 1 SALES QUOTE SQ -98695 6/02/2010 Corpus Christ, City of Rose Esquivel roseed)octexas.com PO Box 9277 CORPUS CHRISTI TX 76489 Tel: (361) 628 - 3767•(381) 880 -3160 Fax: (361) 828 -4201 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 35 1 36 Account L031518 GLIOt311o❑ 50.98695 TL'rI IS NET 30 PD r: I I I I I 1 I I MN I I I I Item (Description DTLI619 -242 DT1161 &243 DTLIUNIPWRI2Vi DTLIMKL -SL3 DTL /333.439 DTLI3YRWARRANTY DTL/382 -081 DTLITOPFLIGHT DTL/GOLDIMAGE DTLITMAGING 37IDT111MNDOWS7 38 39 40 ARC/DEPLOY 41 Lund PB-250 Pen BoX Mike Ciip w! bracket 2 per unit ACCESSORIES A/C Power Supply with w! 333-427 cable Cable Desk Mount for Tracer TX204 Computer Quick Disconnect Power/USB Cable WARRANTY 3 YEAR STANDARD WARRANTY Extend Warranty For Year #4 Spare in the Air (SITA) 4yrs "'Please see attached documentation from Datalux on the proposed warranty OPTIONS Gold Image set up fee per Image Loading each unit new /repair Projected cost to load image on initial order Purchase 'Mn 7 load XP Pro DIR SDD 1032 DEINSTALLRNSTALLL D1R SDD 886 Ship To Ref Cast PQ # Account Rep Scott Sizemore Rrferc:rir,u Ship VIA Page Printed VENDOR CARRIER 8/2!2010 1:24:27PM 4ly Price um Amount 146 292 146 146 146 1 146 146 146 524.95 114.95 166.00 500.OD 671.00 10.00 5300.90 6350:00 5250.00 530.00 $50.00 $455.00 EA EA EA EA EA EA EA EA EA EA EA EA 53.642.70 54,365.40 1390.00 1540.00 1426.00 50.00 043.600.00 161,100.00 5250.00 $4.360.00 57,300.00 572 .270.00 -170- Tax Dotal a EXEMPT 40.000 Taxable Total Tax Exempt Total Balance 50.00 11.007.375.46 11.007.375.46 15,007,376.46 AR AUSTIN RIBBON + COMPUTER www.arc- texas.com 9211 Waterford Centre Blvd., Suite 202 Austin, Texas 78758 Phone: 512- 452 -0651 Fax: 512-452-0691 Customer Corpus Christi, City of Rose Esquivel roseeacdtexas.com PO Box 9277 CORPUS CHRISTI TX 78489 Tel: (381) 826-3767,(361) 880 -3180 Fax: (361) 826-4201 Account L031518 Quotation Contact SALES QUOTE SQ -90577 6/02/2010 Corpus Christi Fire Department Ernie Psiz 321 John Sartain CORPUS CHRISTI TX 78401 Tel: (381) 888 -2582 Fax: (361) 826-4482 Terms NET 30 PU SD -90577 Item 1 2 DTI/TX-204408 3 DTLNN -F1 4 DTL/2GB -RAM 5 DTLJCPT 6 DTL/259 -012 7 8 9 DTLILUTILTDGH4 10 DTLIDLTX204MT25 11 DTLIFP- 52 -ADJ -L 12 DTLIBRACE -2 13 DTLJFP -STEP 14 DTLIF9 -ADJ -M 15 DTLIFP -124 16 DTLJFP -102 17IDTLIFP -116 18 DTLITRUMOUNTPKG 19 DTLJFPLATEFEXI 20 DTLIVMP -B-S 21 DTLJCOPKYBD3GT1 22 23 24 DTLNNIPWR12V1 Description TRACER TRACER TX-204-106 Tracer Mobile Computer 802.11 alb/g internal wireless card(Iactory inetalied with anew system) Upgrede to 2GB RAM Copeland Power tamer Screen Protectors (recommended) MOUNT Doghouse Mount universal Datafux monitor mount only Heavy Duty flat floor base Adjustable Braces Univereat Offset 9.14" pole with adjustable upr Ford F -150 pass side base Ford F-250/350/650 Ford Ranger pass side base Tru- Mount -PKG2K Datalux Mount and Keyboard Ford Expect pass side base Vert surface pole mount Back Id keyboard ACCESSORIES NC Power Supply with Cable w1333.427 cable Ship To Ref Oust. PO # Account Rep Scott Sizemore Reference Snip VIA MINN Qty 58 58 58 7 58 41 17 15 52 17 17 5 10 4 17 3 Page Printed VENDOR CARRIER 1 • 81212010 1:44:O6PM Pricy. 13,906.00 $119.00 590.00 594.00 521.00 5570.00 1140.40 $187.92 $42.66 549.68 5139.32 5106.44 5109.62 5109.62 5730.00 545.00 597.15 5330.00 566.00 Li r•1 EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA Amount 5226.546.00 56.902.00 $5,220.00 5658.00 11,218.00 523,370.00 52,386.80 52,818.80 52,218.32 5844.56 52.368.44 5532.20 51,098.20 5109.62 5730.00 545.00 1388.60 55,610.00 EA 5198.00 Please attach a copy of this quote to your purchase order. The pricing of this proposal is good For 30 days from the date of the sales quota. All product and pricing information is basal on latest Information available, which is subject to change without notice or obligation. Austin Ribbon & Computer Supplies, Inc. VIN 1.7423397979 -001 P.O. Box 976093 Dallas, TX 75397-6093 Page 1 Sub Total 5283,262.54 AUSTIN RIBBON + COMPUTER www.arc•texas.com Corpus Christi, City of Rose Esquivet rosee®oaexas.com PO Box 9277 CORPUS CHRISTI TX 78489 Tel: (381) 928 - 3787,(381) 880-3180 Fax: (381) 028 -4201 Account 9211 Waterford Centre Blvd., Suite 202 Austin, Texas 78758 Phone: 512. 452 -0651 Fax: 512-452-0691 Contact Corpus Christi Fire Department Emie Pair 321 John Sartain CORPUS CHRISTI TX 78401 Tel: (381) 886-2582 Fax (381) 828-4482 Tcrvnr. 175 Lt orr 1 SALES QUOTE SQ -90577 6/02/2010 Ship To Ref Cost. P8 # L031518 Scott Sizemore Quotation PD Relcrimce Ship VIA Page Pw ctI 50-90577 VENDOR CARRIER 812/2010 1:44:08PM Item Description Price Amount 25 28 27 28 29 30 31 32 33 34 35 36 37 38 39 40 DTLIMKL -S13 DTL1333-439 DTLI3YRWARRANTY DTU382 -061 DTLffOPFUGHT DTLIGOLDIMAGE DTL11MAGING DTLAMNDOWS7 ARCHW/DEPLOY. Desk Mount for Tracer TX204 Computer Quick Disconnect PowerAUSB Cable 3 3 WARRANTY 3 YEAR STANDARD WARRANTY Extend Warranty For Year #4 Spare in the Air (SITA) 4yrs '"'Please see attached documentation from Datalux on the proposed warranty OPTIONS Gold Image setup fee per image Loading each unit newlrepair Purchase Win 7 load XP Pro D1R SOD 1032 DEINSTALLANSTALL DIR MD 886 58 58 58 1 58 56 5 590.00 571.00 30.00 5300.00 3350.00 5250.00 530.00 550.00 1695.00 EA EA EA EA 1270.00 5213.00 10.00 517,400.00 120,300.00 3250.00 11,740.00 32,900.00 $40,310.00 Tax Debt EXEMPT SO.000 Taxable $0 -00 Total Tax 10.00 Exempt $366,645.54 Total 1368,645.54 Balance 1368,645.54 _177— 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 15, 2010 AGENDA ITEM: Ordinance authorizing City Manager to execute an amendment to the lease agreement with TRT Hotel Company LLC (now Omni Hotels Management Corporation) for use of McGee Beach Concession building to provide for schedule for concession stand operation, and provide for operation of restroom outside hours of concession stand operation in exchange for $10 per hour credit toward monthly rental payment; approving assignment of lease agreement to Omni Hotels Management Corporation: and declaring an emergency. ISSUE: Council is requested to approve the lease agreement, use of City property and monthly rental payment. REQUIRED COUNCIL ACTION: City Council's action is required for amending this lease. PREVIOUS COUNCIL ACTION: On March 10, 2009 City Council authorized the City Manager to execute a three year lease agreement with TRT Hotel Company LLC with an option to extend for up to two additional years for the use of McGee Beach Concession Building and 150 yards from patio south to water area in consideration of maintaining the premises and improvements and monthly rental payment of $900, with annual increase of 5% providing for severance; and declaring an emergency CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Stacie A. Talbert, Interim Director Parks and Recreation Department staciet @cctexas.com (361) 826-3476 Attachment: Background Copy of Lease Agreement Copy of Lease Amendment BACKGROUND INFORMATION The local Omni Hotels currently lease a City building and property on Shoreline Boulevard for a concession outlet on McGee Beach. The Omni leases the building for $900 per month and the concession is open each day during the spring break and Friday through Sunday during the summer season. The current lease for the building has conflicting language regarding the required hours of operation. The current lease states the Omni will operate the concession from 10:00 am to sunset, seven days a week but also allows for the hours to be adjusted for seasonal activities. Since the onset of the lease the Omni has operated the concession Friday through Saturday from 12:00pm to 6:OOpm during the summer season as it has not been economically viable to offer services Monday through Thursday. The proposed amendment set timelines for establishing seasonal hours of operation each year. The Omni has made significant improvements to the area and added furniture to create a more inviting atmosphere. These improvements, along with the addition of a umbrella, chair and jet ski vendor, have helped increase visitors who enjoy McGee Beach - and subsequently demand for restrooms in the area. As the Parks and Recreation Department does not have the resources to open and monitor the restroom facility, establishing a partnership with the Omni to provide additional access to the restroom is necessary. This amendment creates the ability for the Omni to open the restroom facilities outside established hours of operation and receive credit towards the rental payment. This credit will not exceed $600 per month. Omni Hotels operate national sales offices in Corpus Christi, New York, Los Angeles, Chicago, Dallas/Fort Worth, Denver, Washington, D.C. and Atlanta. The Omni Hotels central reservation center, located in Omaha, Nebraska, handles more than 1.7 million calls each year. Consumer Reports rated Omni Hotels as the No. 3 luxury hotel brand in the July 2004 report. Omni Hotels was noted as a top choice for the best value. Since 2001, J.D. Power & Associates rated Omni Hotels in the top three as "Highest in Guest Satisfaction Among Upscale Hotel Chains." Page 1 of 1 AN ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH TRT HOTEL COMPANY LLC (NOW OMNI HOTELS MANAGEMENT CORPORATION) FOR USE OF MCGEE BEACH CONCESSION BUILDING TO PROVIDE FOR SCHEDULE FOR CONCESSION OPERATION, AND PROVIDE FOR OPERATION OF RESTROOM OUTSIDE HOURS OF CONCESSION OPERATION IN EXCHANGE FOR $10 PER HOUR CREDIT TOWARD MONTHLY RENTAL PAYMENT; APPROVING ASSIGNMENT OF LEASE AGREEMENT TO OMNI HOTELS MANAGEMENT CORPORATION; AND DECLARING AN EMERGENCY. Whereas, on March 10, 2009, the City authorized a Lease Agreement with TRT Hotel Company LLC for use of property which included McGee Beach concession building ( "Lease Agreement "); Whereas, on or about March 31, 2010, TRT Hotel Company merged with and into Omni Hotels Management Corporation, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT: SECTION 1. Pursuant to Article IX Section 4 of City Charter, City hereby grants approval to TRT Hotel Company LLC for the assignment of its Lease Agreement to Omni Hotels Management Corporation ( "Omni Hotel" }. SECTION 2. The City Manager or designee is authorized to execute an amendment to the Lease Agreement to provide for Omni Hotel schedule of operation of concession, and operation of restroom facility outside of hours of concession operation in exchange for $10 per hour credit toward monthly rental payment. A copy of the Amendment is on file with the City Secretary. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: Armando Chapa City Secretary Approved: June 9, 2010 By: et4--:- Lisa Aguilar, As ' ant City Attomey for City Attorney THE 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: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 Page 1 of 2 ACCEPTANCE OF LEASE ASSIGNMENT AND AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH TRT HOTEL COMPANY, L.L.C. THIS ACCEPTANCE OF ASSIGNMENT AND AMENDMENT NO. 1 to the Lease Agreement is made and entered into this 15th day of June, 2010, by the City of Corpus Christi, a municipal corporation and political subdivision of the State of Texas, ( "City" or "Lessor ") and Omni Hotels Management Corporation ( "Lessee "). Whereas, the City of Corpus Christi previously entered into a Lease Agreement ( "Lease Agreement ") with TRT Hotel Company, L.L.C., approved by City Council on March 10, 2009, under Ordinance No. 028089 which authorized use of City property including the McGee Beach concession facility building (Premises "); Whereas, TRT Hotel Company L.L.C. has merged with and into Omni Hotels Management Corporation which requests approval of assignment of the Lease Agreement; Whereas, the City and Omni Hotels Management Corporation desire to amend the Lease Agreement; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Omni Hotels Management Corporation accepts the assignment of the Lease Agreement, and agrees that it and its successors and assigns, shall be bound by and shall comply with all of the duties, liabilities, terms and provisions thereof. 2. Section 7 of the Lease Agreement is revised to read as follows: "Section 7. Hours of Operation. Each year by January 31, Lessee shall submit its proposed schedule of operation of the Premises for Spring Break / pre - summer season to Parks Director for approval. Each year by April 15, Lessee shall submit its proposed schedule of operation of the Premises for summer season to Parks Director for approval. At a minimum for the Spring Break / pre - summer season (March through next to last weekend in May), Lessee shall operate the Premises each Friday, Saturday and Sunday from noon to 6 p.m. At a minimum for the summer season (Memorial Day weekend through Labor Day weekend), Lessee shall operate the Premises each Friday, Saturday, and Sunday from noon to 6 p.m. City Parks Director may require Lessee to staff the Premises to make restrooms available to the public outside of Lessee's approved schedule hours of operation for the concession, for credit of $10.00 per hour towards Lessee's rental payment, not to exceed credit of $600.00 per month. The hourly credit rate shall be adjusted to match Lessee's annual wage schedule for the Lessee employee position who is assigned by Lessee to staff the restroom, upon sixty days advance written notice to Parks Director. However, no credit shall be provided for any day that Lessee opens concession for business." —179— Page 2 of 2 3. All other terms and conditions of the previously executed Lease Agreement which are not inconsistent herewith shall continue in full force and effect. EXECUTED IN DUPLICATE ORIGINALS this day of , 2010, by the authorized representative of the parties. - City of Corpus Christi, Texas `Angel R. 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(L) la - cn U ' C tic cn _CD 73 N w .0 73 45 E O 2 O � � cn 9) cL5 -0 >, CM 0 (i) W E i CI) W ♦^ -t C/) 2 73 O = O 0_ C6 O 4) 0- O (I) U O 45 ( i ) O 0) }' U c_ c lc ,, o = O cn •t � E O x }U E O 8_, L- U O O ta) U O co O O � O O = 7 cn o O O c 0.) o _c oo U w U (I) i i i 1- 2 ca _a O U Et2 O U a) E O O 0 O a) 0 L 0 O O O E O '5 U O cz ca c -a 4 t U_ � O U .> O O O 0_ O O M � O cu p .0 O U 92 O Estimated time to remove storm brush debris is 30 co .co N 0 N co 0 a) co 0 E CT . � W N �= _C � L 0 • 22 28 cubic yard brush trucks Rear steer loaders • 11 - Roll -off containers • 2- Transfer Trailers c 0 +_+ co 0 N (o (6 0 0 L co c fl) U U_ 2 0 0 N N N 20 — 5 cubic yard dump trucks CO N O L —0 _C N O O CO —0 •- E CD c0 0 CD 0 ._ :1=, co ca •U Q U L E 2 co Q co E o co Q _g c co -a Q L a) Q 72 = _C CD_ CU —0 Ci) .5 _4:2 U_ -Q ti .co _0 _c L- _c 'E' (7) U 0 0 45 E -t N �•� .o_ co N -0 4) •= Q U • 0 45 O rn 0 0 454 a) ca E . 4-a co W .. c O cn U . > O - 0 cp U _c co T2 2 ca m >- D $6.11 /cubic yard c E ca 0_ (/) = CT a) a) c ca a) c _a o a) 0) -0 c -a cu vi 0 a) ro c ca 0 U O o -a a) 'A=. 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U) o O U U ' O E CZ 0) C u) x w W 7_ . N O 5 I � O Q N = CU o c . o 4-c-i o -' cn a) 73 E a9 P - E E - E w o 73 o a) c = 4- 4- o co U w w w c‘. (i) z 0 I- (i) w 0 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Destination Bayfront Project Update STAFF PRESENTER(S): Name Title /Position 1. Rudy Garza Director OUTSIDE PRESENTER(S): Npme Organization Department IGR 1. Trey McCampbell 2. JJ Hart 3. Joe Hilliard Destination Bayfront Destination Bayfront Destination Bayfront BACKGROUND: Destination Bayfront is a grassroots coalition of community advocates that have emerged to propose a process by which to engage the public in a master planning process that mirrors that of other communities that have been successful in developing public spaces, such as Discover Green in Houston, Texas. This group has undergone a series of informational meetings throughout the community to explain their vision for an inclusive process of determining the best use of the public space from McCaughn Park to Sherrill Park that includes the Memorial Coliseum and adjacent property. This agenda item will bring that presentation to Council for questions and consideration of a future resolution endorsing their process to engage the public in this formal master planning effort. REQUIRED COUNCIL ACTION: None udy D. G Intergovernmental Rela vns Director rudyga @cctexas.com 361 -826 -3082 PowerPoint El Supplemental Information ® Draft Resolution of Support of Destination Bayfront -191- Destination Bayfront www.destinationbayfront.org Leveraging great public space to grow Downtown Corpus Christi What is Destination Bayfront? Destination Bayfront is a grass -roots group of individuals who believe that Corpus Christi can have a world -class destination bayfront that: • creates real economic development • offers residents and tourists an incredible public destination • enhances Sherrill Park and the memorials there that honor our veterans Destination Bayfront is a Texas Non - Profit set up under the Coastal Bend Community Foundation Destination B • Derwood A • Ron Benavides • George B. Clower • Art Granado • JJ Hart • Joe Hilliard • Paulette Kluge • David Loeb • Chad Magill • Trey McCampbell • Crystal Mead • Mark Minutaglio • Will Pettus • Travis Rails • Philip Ramirez —192— Why are we here today'?- • Seek your support for a community -based input process for the area between: — Primary area: land from McCaughan Park through Sherrill park — Secondary area adjacent with the beach -and waterfront • No pre - conceived ideas about the use of the area except: the guidelines of the 2008 bond issue; deed restrictions; and enhancement of Sherrill Park Features of a great public space • Many year -round activities for both residents & tourists • Something different for everyone • A place for the community to come together • No entrance f • Improves qua • Creates econ ■' "" .4, j_� �`• unit How great public spaces create economic benefit to cities • Property values increase • Municipal revenues increase • Rise in tourism • Increase in hotel occupancy tax revenues • Increase in sales tax revenues • Attracts homebuyers • Improve quality of life • Attracts workers & talent • Attracts affluent retirees Cities larger and smaller than Corpus Christi with great urban Spaces City 2008 Population New York City 8,364,000 Houston 2,242,000 San Diego Detroit Louisville 1,279,000 912,000 557,000 Miami 413,000 Corpus Christi 286,000 Lincoln Chattanooga Salt Lake City 171,000 182,000 Savannah 132,000 New Haven 124,000 Allentown 107,000 Macon 93,000 Sarasota 52,000 Venice 36,000 Example 1: Houston Texas - Discovery Green Size: 12 acres Over $1 billion in current & future development 1 million visitors in first year open Investment split: 60% private 40% public $8 of economic development for every $1 invested Example 2: Detroit Size 1.6 acres Over $450 million in current & future development Over 1 million visitors per year since 2005 opening Investment split: 80% private 20% public $22 of economic development for every $1 invested f BEFORE Project involved relocating a Veteran's memorial and improving access to it. -195- Example 3: Chattanooga TN — Tennessee RiverPark Size 129 acres Over $370 million in current & future development Tennessee's most visited tourist site Investment split: 40% private 60% public $7 of economic development for every $1 invested Destination Bayfront ▪ Researched successful public spaces across the globe and its economic impact on surrounding areas • Reviewed Bayfront master plan and site constraints • Prepared communication materials: presentation, website www.destinationbavfront.ore, Facebook site • Public presentations: 3 city wide, 5 district and several dozen small group presentations • Developed a public process that allows for community -wide input • Evaluated and selected firm to conduct public process • Obtained commitments for private funding of the process Three phases - • Phase 1: Public input process and development of concepts • Phase 2: Design development, development of funding sources and operational plans • Phase 3: Start construction process Phase 1 public input process • Engage Project for Public Spaces (PPS) PPS is a non - profit who has been providing community urban planning for over 30 years. They have worked in all 50 states and in 41 countries. • Conduct a 14 to 16 week community.input and concept development process There will be multiple ways of input for anyone in the community that wishes to participate. PPS will develop a concept for the site that incorporates the ideas and themes from the community ideas. • Deliver report with recommendations and concepts to City Council for acceptance and approval The final document fro - ki_ a + • •n ti• cri• ?rr ,�a es and major destinations with What is the timeline of Phase 1: • July 28 & 29th, 2010 initial community input sessions • Aug/Sept, 2010 community small group input sessions • Oct, 2010 data compiled and report written • By mid Nov, 2010 deliver report What do we need from you? • Resolution of Support To be voted upon June 22nd • Your Participation in the process - participate in the July 28th public meeting - identify groups for small group presentations - support the process! Questions and Answers —198— ra DRAFT RESOLUTION ENDORSING THE DESTINATION BAYFRONT INITIATIVE TO ENGAGE THE PUBLIC IN A PROCESS TO DEVELOP A CITIZEN DRIVEN MASTER PLAN FOR THE PUBLIC SPACE IN THE AREA FROM MCCAUGHN PARK TO SHERRILL PARK, INCLUDING THE CITY - OWNED ADJACENT PROPERTY WHEREAS, community efforts have been ongoing since the closing of Memorial Coliseum in 2004 to develop a suitable use for the bayfront property that encompasses the memorial coliseum property and associated public parking areas, McCaughan Park, City Hall Park, and Sherrill Park ; and WHEREAS, the 2008 Bayfront Master Plan package approved by the citizens of Corpus Christi provides for the relocation of the North bound lanes of Shoreline Boulevard to provide a large pedestrian area strongly connected to the water, McGee Beach and the Coopers Alley L -Head; and WHEREAS, the City of Corpus Christi is committed to developing an appropriate memorial dedicated to the veterans of Corpus Christi to replace the Memorial Coliseum, which was dedicated as a memorial to our Veterans of World War 11 in the 1950's and currently undergoing demolition, and that this future memorial will be a component of the overall redevelopment of said property; and WHEREAS, the City of Corpus Christi is committed to a public process that will engage the citizens of Corpus Christi in seeking input in determining a master plan for said property that will provide opportunities for new activity in the downtown area and spur new economic development opportunities for our community; and WHEREAS, a grass roots affiliation of citizens known as Destination Bayfront has emerged through these discussions focused on developing a process for inclusion of ideas and engagement of the community for the sole purpose of a citizen driven effort to help move our community forward; and WHEREAS, through the research efforts of Destination Bayfront, a vision has emerged that has shown that the destination public space processes created by communities such as Houston, Detroit, Chattanooga and others have created truly remarkable public spaces, such as Discover Green, Campus Martius, and Tennessee River Park; and WHEREAS, possibilities for the development of public space similar to other communities' efforts could include restaurant pad sites, stages for public concerts, outdoor film and fitness classes, interactive water fountains and other bodies of water, festival space, interactive games, dog parks, and enhanced play areas for children as well as enhancements to the existing park space within the subject area; and WHEREAS, among the goals of the Destination Bayfront process is to create a signature area for our community that provides a world class destination for both tourists and residents of Corpus Christi alike; Destination Bayfront DRAFT Resolution 6-22 -2010 —199— 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City commits to a public process that will seek input from all interested citizens in the development of a public space that would include the area from McCaughan Park to Sherrill Park including the Memorial Coliseum site and adjacent property. Section 2. The City supports the efforts of Destination Bayfront to engage the public in this destination public space driven process and commits to work with this grassroots effort to develop a master plan that can move our community forward in the development of downtown Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 22 "d day of June, 2010 R. Jay Reining First Assistant City Attorney For City Attorney Destination Bayfront DRAFT Resolution 6 -22 -2010 Joe Adame Mayor —200— 2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Destination Bayfront DRAFT Resolution 6-22-2010 —201— 3