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Agenda Packet City Council - 06/29/2010
sok ■I IMI■ MEW' kr"imirsisrogil 11:45 A.M. - Proclamation declaring July 4, 2010 as "July 4th Big Bang Celebration 2010" Proclamation declaring the days of July 1 — September 6, 2010 as "Flamingo Fandango 2010 — Summer of Flamingos" Proclamation declaring the month of June 2010 as "National Safety Month" Proclamation declaring he month of July 2010 as "Recreation and Parks Month' AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 29, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si listed desea dirigirse al Concilio y cree que su ingles es limitedo, habrr un interprete ingles- espahol en Codas las juntas del Concilio pars ayudarie. 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 Pastor Mark Behrendt, Galilean Lutheran Church. 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 City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting June 29, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES ;Refer to legend at he end of :he agenda summary; E. MINUTES: 1. Approval of Regular Meeting of June 22, 2010. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. Human Relations Commission 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.) 3. Motion authorizing the purchase of specialized equipment for a total amount of $87,013.39 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment #3) Agenda Regular Council Meeting June 29, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer :o !egend at the ena of the agenda summary) 4. Motion authorizing the purchase of specialized equipment for a total amount of $76,320 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment #4) 5. Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems, Inc. in the amount of $122,882.88, of which $30,720.72 is required for the remainder of FY 2009 -2010, for Evergreen Software support services on the Emergency 911 System. The term of the contract is five years. (Attachment #5) 6. Ordinance appropriating $7,769.32 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $58.70 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,710.62 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing the FY 2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $7,769.32. (Attachment #6) 7 Resolution authorizing the City Manager or his designee to execute a contract for the collection of delinquent accounts in automated red light enforcement with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of amounts collected on delinquent accounts turned aver to law firm. (Attachment #7) 8. a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17 regarding delinquent account collection fees to provide that the collection fee charged by a third party collection service shall be assessed to the person owing the city account; providing for publication. (Attachment #8) b. Motion approving a service agreement with Credit Systems International, Inc., of Fort Worth, Texas for Utility Billing and Accounts Receivable Delinquency Collection Services in accordance with Request for Information No. BI- 0176 -10, based on best value for a fee of 17.9% of the debt collected. The term of the contract will be for twelve months with an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the Agenda Regular Council Meeting June 29, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at he era of the agenda summary) contractor and the City Manager or his designee. (Attachment #8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas, in the amount of $299,752 for the Cayo del Oso Water Line Replacement for the total base bid for water service for Texas A &M University — Corpus Christi (TAMUCC). (CIP FY2010) (Attachment #9) 10. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet, and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $347,735, for preliminary design, design, bid, and construction phase services and additional services for Buddy Lawrence Drive from Antelope to IH -37. (BOND ISSUE 2008) (Attachment #10) 11. Motion authorizing the City Manager or his designee to execute a Change Order No. 4 to a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of $41,083 for a restated not to exceed price in the amount of $774,793 to install two variable frequency drive pumps with new piping, valves, electrical and integrated controls for the Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and/or Replacement Project. (BOND ISSUE 2008) (Attachment #11) 12. Resolution authorizing the City Manager or his designee to execute into a Local Project Advance Funding Agreement for Non- Construction (LPAFA- NanCST) with the Texas Department of Transportation (TxDOT) in the amount of $112,000 for the Southside Mobility Corridor Feasibility Study for a term of two years. (BOND ISSUE 2004) (Attachment #12) 13. Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with the Texas Department of Transportation (TxDOT) regarding adoption of TxDOT's Federally - Approved Disadvantaged Business Enterprise Program. (Attachment #13) 14. a. Motion authorizing the City Manager or his designee to execute a Water Arterial Transmission and Grid Main Agenda Regular Council Meeting June 29, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Rarer to iegerd at the end �f he agenda summarJ) 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 #14) b. 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 Water Arterial Transmission and Grid Main Reimbursement Agreement. (Attachment #14) 15. Ordinance amending the Code of Ordinances, Chapter 14, Section 14-226(a)(2)b, entitled "Terms," regarding the terms of appointment of members of the Building Code Board of Appeals, by revising the language to decrease the members' term of appointment from four (4) years to two (2) years, to be applicable to all future appointments. (Attachment #15) EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed an the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 16 Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 17. 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. Agenda Regular Council Meeting June 29, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer !o legend at tiie art of the agenda summary) 18. Executive Session under Texas Government Code Section 551.071 regarding Regina Lee vs. City of Corpus Christi; Civil Action No. C -09 -190; in the United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19. Motion approving the purchase of Compressed Natural Gas (CNG) fuel dispenser and associated equipment from the following companies for the following amounts in accordance with Bid Invitation No. B1- 0115 -10, based on low bid, for a total amount of $354,443. The CNG fuel dispenser and associated equipment will be used by all departments utilizing CNG vehicles. Funding for the purchase of the CNG fuel dispenser and associated equipment is budgeted and available in the Gas Grants Fund No. 1053. (Attachment #19) 20. Gas Equipment Systems Allied Equipment Rancho Cucamonga, CA Odessa, TX Item Nos. 1, 3 & 4 Item No. 2 $277,943 $76,500 Grand Total: $354,443 a. Resolution authorizing the City Manager or his designee to execute an lnterlocal Cooperation Agreement with Texas Parks and Wildlife Department to receive $20,000 towards design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. (Attachment #20) b. Ordinance appropriating $20,000 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department for reimbursement of design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2009 -2010 Capital Budget adopted by Ordinance 028449 to increase appropriations by $20,000. (Attachment #20) Agenda Regular Council Meeting June 29, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Ordinance appropriating $17,774.18 in the General Fund No. 1020 from revenue received from CITGO Refining & Chemicals Co., LP for landscaping improvements for median located at Gateway to Corpus Christi at IH 37 at Chaparral Street; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase estimated revenues and appropriations by $17,774.18. (Attachment #21) 22. Motion authorizing the City Manager or his designee to execute a First Amendment to the Agreement for Weatherization Assistance Assessment Services — Energy Efficiency, for a cost not to exceed $400 per unit with R.E.D. Power Corporation for the assessments of determining the energy efficiency of housing units including multi - family and single family units for the implementation of the Weatherization Assistance Program. (Attachment #22) 23. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas in the amount of $335,900 for a total re- stated fee of $350,380 for the Downtown Street (Chaparral) Project. (BOND ISSUE 2008) (Attachment #23) L. OTHER PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Update on S.E.A. Town Signage Project: Bayfront Phase 1. (Attachment #24) 25. Health and Risk Management Quarterly Claims Report, Period Ending April 30, 2010, in addition to Clinic Recommendations. (Attachment #25) M. SPECIAL BUDGET PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Discussion of Recycling Options. (Attachment #26) 27. Proposed FY 2010 -2011 Operating Budget: Internal Service, Special Revenue, Debt Service Funds. (Attachment #27) Agenda Regular Council Meeting June 29, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer -a iegerc at the end of :be agenda summary) 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 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. • O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:45 p.m., on June 24, 2010. VA Odic; rmando Chapa City Secretary Agenda Regular Council Meeting June 29, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the era of the agenda summary) 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 City Council Goals 2010 -2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 22, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney* Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ABSENT Kevin Kieschnick *Arrived at 1:00 p.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 June 15, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 11). Council Member Marez announced that he would abstain from the discussion and vote on Item 7. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2010 -136 Motion approving the lease purchase of one (1) turf sprayer, one (1) top dresser and one (1) turf mower from Professional Turf Products, of Euless, Texas for a total amount of $63,451.78, of which an estimated $1,859.27 is required for the remainder of FY2009 -2010. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Financing for the grounds maintenance equipment will be provided through the City's lease- purchase financing program. All units are additions to the fleet. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. Minutes — Regular Council Meeting June 22, 2010 — Page 2 3. MOTION NO. 2010 -137 Motion approving the purchase of police vehicle ancillary equipment from Fleet Safety Equipment, Inc., of Houston, Texas for a total amount of $52,827.41. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Funds have been budgeted by Maintenance Services in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 4. MOTION NO. 2010 -138 Motion authorizing the purchase of specialized equipment fora total amount of $126,235.96 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 5.a. RESOLUTION NO. 028643 Resolution ratifying the execution of a grant amendment by the City Manager received from the Texas Department of State Health Services for the Women, Infants, and Children (WIC) program to increase the reimbursement rate to $12.08 per participant served, resulting in an additional $6,750 in program income. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 5.b. ORDINANCE NO. 028644 Ordinance appropriating a grant amendment in the amount of $6,750 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children (WIC) program resulting from an increase in the reimbursement rate per participant served. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 6.a. RESOLUTION NO. 028645 Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, and Scott, voting "Aye "; Marez abstained; Chesney and Kieschnick were absent. -2- Minutes — Regular Council Meeting June 22, 2010 — Page 3 6.b. RESOLUTION NO 028646 Resolution authcrizing the City Manager, or his desig ^ee, to submit a grant application it `ne amount of 3247,6966 to the U.S. i=:epartment zf Justice, Bureau of Justice Assistance for funding elig :cie under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation; 50% of the funds to be distributed :o Nueces County under the established InterIccal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, and Scott, voting "Aye; Marez abstained; Chesney and Kieschnick were absent. 7 RESOLUTION NO. 028647 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2010 -2011 78415 Community Youth Development (CYD) Program, with $503,500 DFPS Funding. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 8.a. MOTION NO. 2010-139 Motion authorizing the City Manager or his designee to execute documents necessary to purchase sculpture created by artist Sandi Stein during Festival of the Arts 2010 and authorize disbursement of $7,569.00 from the Permanent Art Trust Fund for such purchase. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 8.b. MOTION NO. 2010 -140 Motion authorizing the City Manager or his designee to execute documents necessary to purchase painting created by artist Jill Pankey during Festival of the Arts 2010 and authorize disbursement of $2,000.00 from the Permanent Art Trust Fund for such purchase. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 9.a. MOTION NO. 2010-141 Motion authorizing the City Manager or his designee to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $120,000 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling Agreement — 2011. Minutes — Regular Council Meeting June 22, 2010 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Chesney and Kieschnick were absent. 9.b. MOTION NO. 2010 -142 Motion authorizing the City Manager or his designee to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $143,000 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement — 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 10. MOTION NO. 2010 -143 Motion authorizing the City Manager or his designee to execute a Right -of -Way Easement Instrument with D & E Development Corporation in the total amount of $88,582 for the acquisition of Parcel 9 containing 24,228 square feet of commercial land located at the southeast corner of Saratoga Boulevard and Airline Road, necessary for the Airline Road Street Improvement Project — Saratoga Boulevard to Rodd Field Road, Project #6465, and for other municipal purposes. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 11.a. MOTION NO. 2010-144 Motion to amend prior to second reading, the proposed ordinance amending Chapter 6, Animal Care and Control, Section 6 -105, entitled "Dead animal pickup service fee," to clarify that the service fees will be assessed and collected on a per visit basis. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. 11.b. ORDINANCE NO. 028648 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. (First Reading - 06/15/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. -4- Minutes — Regular Council Meeting June 22, 2010 — Page 5 * * * * * * * * * * * .i * Mayor Adame announced the executive sessions, which were listed cn the agenda as follows: 12. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum. 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. 14. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 13 -08- 00700 -CV; in the Thirteenth Court of Appeals, corpus Christi /Edinburg, Texas with possible discussion and action in open session. 15. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 13 -09- 00669 -CV; in the Thirteenth Court of Appeals, corpus Christi /Edinburg, Texas with possible discussion and action in open session. 16. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 09 -61260 -4; in the County Court at Law No. 4, Nueces County, Texas, with possible discussion and action in open session. 17. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; EEOC No. 366 -2009 -0015; 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 Items 12 and 13 were for discussion only and no action was taken or will be taken in open session. Mayor Adame announced that action on Items 14 -17 would be taken later in the meeting. * ** * * * * * * * ** Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510 -02, N. M. Edificios, LLC: A change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of land use from Light Industrial to Heavy Industrial use on property described as a 0.0172 acre (750.00 sq ft) tract of land out of a 32.41 acre tract of State Survey No. 402, James W. Ward, Original Grantee, Abstract No. 1031 and State Survey No. 316, J. R. Ward, Original Grantee, Abstract No. 1055; approximately 1,300 ft. east of the intersection of State Highway 44 (Agnes Road) and Clarkwood Road. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; the "1 -2" and "1 -3" allowable uses; views of the subject property; a site plan; and ownership map. Ms. Goode - Macon stated that the Planning Commission and staff recommended denial of the "1 -3" Heavy -5- Minutes — Regular Council Meeting June 22, 2010 — Page 6 Industrial District and in lieu thereof, approval of the "I-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. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028649 Amending the Zoning Ordinance, upon application by N. M. Edificios, LLC, by changing the Zoning Map in reference to a 0.0172 acre (750,00 sq ft) tract of land of a 32.41 acre tract of State Survey No. 402, James W. Ward, Original Grantee, Abstract No. 1031 and State Survey No. 316, J. R. Ward, Original Grantee, Abstract No. 1055; from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow for two (2) UL 2085, above ground fuel storage tanks not to exceed 7,000 gallons, 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; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kiesch nick were absent. Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510 -04, Carl & Sherry Badalich: A change of zoning from the "AT" Apartment Tourist District to the "AT/PUD-2" Apartment Tourist District/Planned Unit Development on property described as Sunrise Shores, Block 1, Lots 1A and 3 located at 7349 State Highway 361 approximately 1.75 miles north of Fire Station #16. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; "AT" and "PUD" allowable uses; views of the subject property; comparison of standard zoning requirements; the site plan; the vehicular access points within "PUD "; color pallet for development; and the design features;. Ms. Goode -Macon stated that the Planning Commission and staff recommend approval of the "AT/PUD-2" Apartment Tourist DistrictlPlanned Unit Development. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028650 Amending the Zoning Ordinance, upon application by Carl and Sherry Badalich, by changing the Zoning Map in reference to Sunrise Shores, Block 1, Lots 1A and 3, from "AT" Apartment Tourist District to "AT/PUD-2" Apartment Tourist District/Planned Unit Development for the purpose of creating a 23 unit Single - Family Townhouse Development; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Minutes — Regular Council Meeting June 22, 2010 — Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez: and Scott, voting "Aye "; Chesney and Kieschnick were absent. * rt * * * x * * * * * * * Mayor Adame returned to executive session Items 14 -17 regarding David Torres v. City of Corpus Christi et al. City Secretary Chapa polled the Council for their votes as follows: 14 -17. MOTION NO. 2010 -145 Motion authorizing the City Manager to settle Cause Nos. 13- 08- 00700 -CV, 13-09- 00669- CV; EEOC No. 36B- 2009 -0015, Cause No. 09- 61260 -4, David Torres v. City of Corpus Christi et al, for the sum of $150,000, subject to certification of funds, and other conditions as negotiated. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 21 regarding the Laguna Shores Road Rehabilitation Offsite Wetlands Mitigation. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project site plan and layout; schedule; and project costs. The following topics pertaining to this item were discussed: the drainage on Laguna Shores Road; the landscaping improvements by the citizens; and the allowable uses for the funds if the project comes under budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2010 -146 Motion authorizing the City Manager, or his designee, to execute a construction contract with Garrett Construction Co., Inc. of Corpus Christi, Texas in the amount of $322,094.35 for Laguna Shores Road Rehabilitation Offsite Wetlands Mitigation for the Total Base Bid. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick were absent. Mayor Adame opened discussion on Item 22 regarding the Greenwood Wastewater Treatment Plant Lift Station Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the background; project scope; project schedule; and budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting June 22, 2010 — Page 8 22. MOTION NO. 2010 -147 Motion authorizing the City Manager, or his designee. to execute a construction contract with Austin Engineering Company of Austin, Texas, in the amount of $1,076,170 for the Base Bid and Additive Alternate Nos. 1, 2, 3, and 4 for the Greenwood Wastewater Treatment Plant Lift Station Improvements Project. (CIP) 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 23 regarding the purchase of a warehouse property for the Fire Department located at 1501 Holly Road. Mayor Adame announced that he would be abstaining from the discussion and vote on this item. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the legal description of the property; additional features of the building; aerial view of subject property; and additional views of the property. In response to Council Member Marez, Fire Chief Richard Hooks explained that the current warehouse property is listed as surplus property and ready for sate. Chief Hooks added that the site will be vacated and disposed as surplus property through a bid process within the next six months. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2010 -148 Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales Contract with Michael P. Devaney and wife Edna M. Devaney, in the amount of $675,000, plus additional expenditures not to exceed $3,000 for related closing costs, for the purchase of a warehouse property for the Fire Department located at 1501 Holly Road in connection with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye "; Adame, Adler, and Scott abstained; Kieschnick was absent. Mayor Adame opened discussion on Item 24 regarding the issuance of Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation. Interim Director of Financial Services Constance Sanchez explained that this item authorizes the appointment of SAMCO Capital Markets, Inc. as Sole Underwriter and the issuance of certificates of obligation in an amount not to exceed $5,500,000. Ms. Sanchez stated that this item authorizes the City Council to delegate to the Mayor, City Manager, and Interim Assistant City Manager for Administrative Services the authority to affect the sale of the certificates of obligations subject to three (3) parameters. Ms. Sanchez spoke regarding the bond ratings. The following topics pertaining to this item were discussed: the plan to restructure the current bonds to increase the City's bond ratings; the consultants recommendations for operations at the Airport; whether any future projects will be affected by the negative bond rating; the Airport revenues; and consideration of refinancing current debt. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -8- Minutes — Regular Council Meeting June 22, 2010 — Page 9 24.a. MOTION NO 2010 -149 Motion authorizing the appointment of SAMCO Capita! Markets. Inc. as Sole Underwriter for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificate of Obligation, Taxable Series 2010. The foregoing motion was passed and approved with the following vote: Adame; Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kiesch nick was absent. 24.b. ORDINANCE NO. 028652 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010" in an amount not to exceed $5,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an Ad Valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Airport System; providing the terms and conditions of said certificates and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements of the Letter of Representations with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this Ordinance; and providing an effective date. An emergency was declared, and the foregoing ordinance 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 25 regarding the issuance of certificates of obligation for the Convention Center. Interim Director of Financial Services Constance Sanchez explained that this item is for the authorization of issuance of certificates of obligation in an amount not to exceed $3,000,000 and the pledge requirement of $2,000 in Solid Waste Revenues. Ms. Sanchez stated that this item has the same parameters as previously discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25.a. ORDINANCE NO. 028653 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 (Convention Center)" in an amount not to exceed $3,000,000 for the purpose of Financing costs associated with making permanent public improvements to the City's Convention Center and the Selena Auditorium; providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements of the Letter of Representations with the Depository Trust Company; delegating the authority to the Mayor and certain members —9— Minutes — Regular Council Meeting June 22, 2010 — Page 10 of the City Staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this Ordinance; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 25.b. RESOLUTION NO. 028654 Resolution authorizing the deposit of $2,000 in revenues from the City's Solid Waste System into the Interest and Sinking Fund for each series of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation additionally secured by a limited pledge of certain of the City's Solid Waste System revenues, the purpose of such deposits being the extinguishment of the lien on such revenues additionally securing the identified debt obligations; enacting other provisions incident and related to the subject and purpose of this resolution; and providing an effective date. The foregoing resolution 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 26 regarding the issuance of Texas General Improvement Bonds. Interim Director of Financial Services Constance Sanchez explained that this item authorizes the appointment of M.E. Allison as Financial Advisor and the second issuance of bonds related to the Bond 2008 program in an amount not to exceed $13,700,000. Ms. Sanchez stated that this item has the same parameters as previously discussed. In response to Council Member Marez, Ms. Sanchez reported that the financial advisor is not local but does have regional presence. Ms Sanchez added that all of the local underwriters are financial institutions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2010-150 Motion authorizing the appointment of M. E. Allison as Financial Advisor for the City of Corpus Christi, Texas, City of Corpus Christi, Texas General Improvement Bonds, Series 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 26.b. ORDINANCE NO. 028655 Ordinance authorizing the issuance of the "City of Corpus Christi, Texas General Improvement Bonds, Series 2010" in an amount not to exceed $13,700,000 and levying an annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust _10— Minutes — Regular Council Meeting June 22, 2010 — Page 11 Company; delegating the authority to the Mayor and certain members of the City Staff tc execute certain documents relating to the safe of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney. E!izondc. Leal, Marez, Martinez, and Scot:, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 20 regarding the Destination Bayfront initiative. Mayor Adame announced that he would abstain from the discussion and vote an this item. Director of Intergovernmental Relations Rudy Garza explained that the Council heard a presentation from the Destination Bayfront group at the June 15th Council Meeting, and this action is endorsing the process to engage the public to seek input from the community in the development of the public space. Mr. Garza presented a map of the Discovery Green Park; the expectations; the timeline for Phase 1; and the requested Council action. The presentation team included J.J. Hart; David Loeb; Joe Hilliard; and Ron Benavides. The following topics pertaining to this item were discussed: whether the timeline for Phase 1 could be pushed up; the involvement of Project for Public Space (PPS); and how the public can contact the Destination Bayfront group for information, to provide financial assistance, or issue ideas. Mayor Pro Tern Elizondo called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding the public not being aware of the project and asked that the group involve the community and be as inclusive and diverse as possible to get everyone involved in the process. Jeff Pollack, 321 Circle Drive and on behalf of Smart Growth Initiative, stated that it is important that the site remain a public ground; the components of the planning process be identified through a community wide, inclusive and participatory process; and that the project be well coordinated with other planning issues in the community. Mr. Pollack commended the Council for facilitating the process. Curt Broomfield suggested that the initiative market the beach and T -head areas. David Loeb, 522 Hancock and on behalf of the Corpus Christi Downtown Management District, stated that the project creates a huge amount of value for the city and downtown and added that the DMD fully supports the creation of this project. Heidi Hovda, 122 Harrison, spoke in support of the project and the excitement by the young people in the community. Chip Urban, 2725 Swantner, voiced support for the project and stated that the project is a vital step to get the community to where it wants to be. J.J. Hart, read a letter of support from Marcel Wisznia strongly supporting the goals and approach of Destination Bayfront. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028651 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 McCaughan Park to Sherrill Park, including the City-owned adjacent property. The foregoing resolution was passed and approved with the following vote: Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame abstained; Kieschnickwas absent. Mayor Adame opened discussion on Item 27 regarding the issuance of Utility System Revenue Improvement Bonds. Interim Director of Constance Sanchez explained that this item authorizes the issuance of up to $75,000,000 of utility system revenue improvement bonds and up to $12,500,000 of utility system revenue refunding bonds. Ms. Sanchez reported that staff is —11— Minutes — Regular Council Meeting June 22, 2010 — Page 12 recommending issuing Build America Bonds (BABS) and provided a brief presentation on the explanation of BABS and the pros and cons of issuing BABS. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. ORDINANCE NO. 028656 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy — Build America Bonds)" in a maximum amount not to exceed $75,000,000; making provisions for the payment and security thereof an a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying AgentlRegistrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leaf, Marez, and Martinez, voting "Aye "; Kieschnick and Scott were absent. 27.b. ORDINANCE NO. 028657 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A" in an amount not to exceed $75,000,000; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye "; Kieschnick and Scott were absent. 27.c. ORDINANCE NO. 028658 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 20106" in an amount not to exceed $12,500,000; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying —12- Minutes — Regular Council Meeting June 22, 2010 — Page 13 Agent/Registrar Agreement, and Escrow Deposit Letter, and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain mer hers of :he City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance 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 referred to item 29 regarding a briefing on Hurricane Preparedness. Fire Chief Richard Hooks recognized the key planners in emergency management including Emergency Management Coordinator Randy Sijansky; Nueces County Emergency Management Coordinator Danielle Hale; Assistant City Managers Margie Rose and Oscar Martinez; Interim Assistant City Manager Cindy O'Brien; Interim Director of Financial Services Constance Sanchez; Assistant Fire Chiefs Rick Trevino, Andy Cadriel, Randy Paige, and Jose Gonzalez; Police Captain Mark Schaurer; Police Chief Troy Riggs; Billy Delgado; Judy Telge; Navida Ligstrum; Janice Shue; Ken Griffin; Lamont Taylor and Jorge Cruz -Redo with RTA; Scott Kucera and Scott Elliff with CCISD; the National Weather Service; and corporate partners. Chief Hooks referred to a powerpoint presentation including the partners in emergency management; the local government's responsibilities; emergency assistance requests; criteria necessary to declare a disaster; the hurricane plan; essential services coordination; public information; pre - position contracts; state and volunteer resources; State Rapid Response Task Force; State Public Works Response Teams; Texas State Animal Resource Team; evacuation; assisted evacuation; refuge of last resort; initial immediate actions; essential services; and the re- entry phases. Ken Griffin, AEP, spoke regarding the AEPITexas Hurricane Restoration Planning. Mr. Griffin stated that AEP will assess the damage after the storm; clear all electrical hazards that cause danger to the public; restore power to vital community services; and restore all remaining services as quickly as possible. The following topics pertaining to this item were discussed: 2 -1 -1 annual renewal; better coordination efforts for assisted evacuation; including the presentation on the City's website; whether the Police and Fire departments have an internal departmental plan; if the City coordinates hurricane preparedness seminars; the evacuation plan for island residents; whether all city staff are on -call during hurricanes; food and shelter for emergency responders; and preparation for FEMA reimbursements. Council Member Chesney requested that this presentation be posted on the City's website and that a hurricane briefing be presented to the Council annually in February or March. Mr. Chesney also asked staff to consider holding a joint City /County seminar on hurricane awareness. * * * * * * * * * * * ** Mayor Adame referred to Item 28 regarding a presentation on the proposed FY2010 -2011 Operating Budget: Enterprise Funds. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a summary of the fund balance for the utility funds; utility rate increases; sample utility bill; components of the water rate increase for residential customers; components of the rate increase for wastewater; the expenditures for the Water, Choke Canyon, _13— Minutes — Regular Council Meeting June 22, 2010 — Page 14 Gas, Wastewater, and Storm Water Funds; and a summary of the fund balance for the Airport, Golf, and Marina Funds. The following topics pertaining to this item were discussed: the utility transfer of $6.2 million; the recommendation of a 0% increase for gas; the debt service costs; the $9 million of utility uncollectibles; the cost associated with the services provided; privatization and reorganization of utility funds; the breakdown of components of the water rate increase; the raw water development charge; the increase in storm water related to debt costs; plan for financing capital improvements; restructuring water contracts; how the City is handling the issue of Texas Commission on Environmental Quality (TCEQ) requirements; the single water treatment plant; the results of the last gas audit from the Texas Railroad Commission; the curb and gutter program; the need for additional ditch maintenance staff; the completion of the storm water master plan; and the debt payment for the Choke Canyon system. Council Member Scott requested an analysis and recommendation identifying the drivers that are increasing the capital improvement costs. Mr. Scott also requested an estimated amount for the raw water charges over the next 20 years. Mayor Adame announced that the budget presentation would resume after public comment which was posted for 4:00 p.m. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Bill Eisenhauer provided ideas for the reuse of the Memorial Coliseum property. Elizabeth Esparza, Builders Association, thanked the Council for allowing the citizens to participate in Destination Bayfront * * * * * * * * * * * ** Mayor Adame returned to item 28 regarding the proposed FY2010 -2011 Operating Budget: Enterprise Funds. Assistant City Manager Oscar Martinez provided a brief overview of the expenditures for the Airport, Golf, and Marina funds and the budget calendar. The following topics pertaining to this item were discussed: loss of revenue from the golf course fund; other Texas cities that have privatized the management of the golf course; the revenues for the golf fund being affected by the closure of the golf courses for improvements; the number of proposals received for golf course management; the development of an internal proposal by staff for the operations of the golf courses; consideration of a revenue sharing proposal or a fee management proposal; and privatization of the recycling program. Council Member Adler requested that staff provide a presentation on the recycling program including the pros and cons; the cost savings; and the expenses. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:28 p.m. on June 22, 2010. * * * * * * * * * * * * * 2 a. HU kN RELATIONS COMMISSION — Seven (7) vacancies with terms to 6 -14 -11 and 6 -14 -13 representing the following categories: 3— Regular Members, 1— Selling Dwellings and 3- Youth. (Appointed by the Mayor with approval of the Council) (Mayor to Designate the Chairperson) DUTIES: To study problems of group a ,:ations h ins with:.. t e City. and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -10) 6 -14 -11 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -11 2-23 -10 * *Patricia E. Mattocks 6 -14 -10 1 -15 -08 Robert Adler 6 -14 -12 6-22-04 Edna Arredondo 6 -14 -12 8 -12 -08 Lucy Reta 6 -14 -12 6 -22 -04 ** *Eric Holguin 6 -14 -11 7 -07 -09 Rev. Derrick Reaves 6 -14 -11 7 -11 -06 ** *Dalia L. Brem 6 -14 -10 7 -07 -09 *Margie Myers (Selling Dwellings) 6 -14 -10 7 -24 -07 Toni Cole Davis (Rental Dwellings) 6 -14 -12 7 -07 -09 *Jacob Sendejar (Youth) 6 -14 -10 8 -12 -08 * *Robert J. Bonner (Youth) 6 -14 -10 8 -12 -08 * *Mariah Howard (Youth) 6 -14 -10 7 -07 -09 Abel Alonzo (Com. Per. Dis. Chair) Ex- officio (Voting) Robert Garza (Legal Aide Society), Continuous Legend: *Seeking reappointment **Not seeking reappointment ** *Resigned ****Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Human Relations Commission is recommending the reappointments of Margie Myers (Selling Dwellings) and Jacob Sendejar (Youth). The Commission is also recommending the new appointments of Denise Villagran (Regular Member), Elias Valverde (Regular Member), Judith Labeck (Regular !Wernher), Zachary Zepeda (Youth) and Janet Zuniga (Youth). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Margie Myers (Selling Dwellings) 12 Jacob Sendejar (Youth) 12 NO. PRESENT 10(2exc) 8(4exc) OTHER INDIVIDUALS EXPRESSING INTEREST % OF ATTENDANCE LAST TERM YEAR 83% 67% Kristin Aldrighetti Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University- Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10-5-09) Rodney Buckwalter Robert A. Franklin Shannon Gabriel Director, Vendor Management, First Data. Received AA from Del Mar College, and BA and MS from Texas A &M University - Corpus Christi. Currently working on PhD. Activities include: Texas A &M University- Corpus Christi Alumni Association and Del Mar College Business Development Advisory Committee. (6 -5 -09) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University- Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (7- 15-09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (8- 14 -09) Issac Gonzales Timothy Goss Customer Service Representative. Signature Flight Support. Attending Del Mar College. (5- 11 -10) Registered Representative/ Agent, New York Life. Former Special Agent with United States Arm i::Lelligence. Received Associates Degree from Haro' Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Willie R. Hardeman, Sr. Federal Investigator, Federal Government. Attended College. Activities include: NAACP and AARP. Recipient of Torch Bearer Award and State Civil Rights Award. (6- 11 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Bennet Jackson Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3- 10 -10) Jacey Jetton Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) Judith Labeck Peter G. Melve Ronald J. Moore Received B.A. from Seattle University, Seattle, Washington, Master of Social Work (MSW) and Master of Healthcare Administration from University of Minnesota, Minneapolis Minnesota. Activities include: Former Member of City of Plymouth Minnesota Human Rights Commission. (4- 20 -09) Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09) Joel S. Mumphord Heriberto A. (Tony) Pineda Guadalupe V. Salinas Michael O. San Miguel Woodrow Mac Sanders Billy Ray Sayles Amber Sayre Brian Solarek Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HLALCO President. (5- 21 -09) GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6-09) Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 -09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 -09) Employment Specialist, AARP Worksearch Foundation. Received AAS in Mental Health from Del Mar College, BA in Psychology from Corpus Christi State University and MS in Educational Psychology from Texas A &M University - Corpus Christi. Activities include: Area Agency on Aging of the Coastal Bend and United Methodist Church. (5-7-10) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Logistics Lead, Boeing. Received Bachelor's Degree in Management. (4-14-09) Sallie Spradlin Jennifer Taylor Elias Valverde Denise S. Villagran Self - Employed, Piano and Voice Teacher. Substitute Teacher. Activities include: Beach Clean -Up Days, Member of the Corpus Christi Museum of Science and History. Parent/Reading Readiness Volunteer at Seashore Learning Center, Volunteer Grief Counselor, Pastoral Counselor, and Music Director /Stage Manager /Supervisor at Harbor Playhouse. (6- 26 -09) IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (8- 10 -09) United State Pretrial Services Officer, United States Pretrial Services. Received BA from University of Houston and MA from University of New Mexico. Activities include: Youth Coordinator at Kelsey Memorial United Methodist Church and Youth Ministries in Southern District of Rio Grande Conference. (6 -4 -09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) Zachary R. Zepeda Senior, Roy Miller High School. Activities include: Volunteer at Oak Park Recreation Center and sister Cities Foreign Exchange Student Program. Former Sea Scout. (Youth) (4 -9 -10) Janet Zuniga Senior, West Oso High School. Activities include: Student Council and Interact Club. (Youth) (5- 29 -09) 3 Requested Council Action: 6129110 Alternate Date: 7106/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $87,013.39 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: On December 16, 2008 the City Council approved to accept a grant in the amount of $1,500,730,00 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2008 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $87,013.39. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. Funding: Fire Grant Fund - 550040 - 1062 - 00000- 820849 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $87,013.39 Total: $87,013.39 4 Requested Council Action: 6/29/10 Alternate Date: 7/06/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $76,320.00 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: On December 16, 2008 the City Council approved to accept a grant in the amount of $1,500,730.00 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2008 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $76,320.00. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. Funding: Fire Grant Fund - 550040- 1062 - 00000- 820847 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $76,320.00 Total: $76,320.00 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/29/2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems Inc. in the amount of $122,882.88, of which $30,720.72 is required for the remainder of FY 2009 -2010 for Evergreen Software support services on the Emergency 911 System. The term of the contract is five years. ISSUE: The extended maintenance agreement will provide software updates and 24 hour response service. BACKGROUND INFORMATION: The Evergreen software works with the Positron 911 CaII Taker System. It provides call takers with on- screen review of both tandline and wireless calls, automatic location identification and number identification and cellular call back numbers. It also provides the conduit for recording all the calls. Electronic call detail records management provides data reporting, searches of current and historical data, and automatic archiving on a weekly or monthly basis. PREVIOUS COUNCIL ACTION: Approval to purchase the Positron 911 hardware and Evergreen Software on July 14, 2009. REQUIRED COUNCIL ACTION: Approval to purchase software and support. CONCLUSION AND RECOMMENDATION: Staff recommends approval of maintenance agreement. D. Troy Riggs Chief of Police troyr @cctexas.corn 886 -2603 Attachments: Agreement 53 POSITRON Positron Public Safety :4, Irt}auc -....., The terms and conditions available at 'i_tn: :_` r !ega l Pa,sitr onTerms. ?Cif will apply to this Quote, unless the parties have entered into a separate mutually executed agreement. The terms of this Quote will govern any conflict with the above- mentioned terms, and Customer's issuance of a purchase order for any or all of the items described in this Quote will constitute acknowledgement and acceptance of such terms. No additional terms in Customer's purchase order will apply. Summary Software Evergreen - 1 Year (starting Year 2) $ 30,720.72 Software Evergreen - Year 3 $ 31,642.34 Software Evergreen - Year 4 $ 3Z591.61 Software Evergreen - Year 5 $ 33,569.36 Prepaid Software Evergreen - Warranty + 4 Years $ 122,882.88 The information contained in this Warned is proprietary to PQ on and is offered misty for the purpose of evaluation. Capyrfgrt 2010 Pveiton %NC Safety systems CONFIDENTIAL 073320A - MatroComm, Tx - Summary Page 2 of 5 May 31, 2010 POSITRON Positron Pohl lc Safety Systems =:7= Configuration Parameters Software Evergreen for Q690611 Model # Description QtY Included Page 3 of 5 May 31, 2010 Unit Cost Total 912800/5E1 Positron VIPER Software Evergreen 913100!SE1 Power 911 Software Evergreen 9200001SE1 Power MIS Software Evergreen 9173101SE1 ePrinter Software Evergreen I.2 950999/5E1 Software Evergreen - Year 3 9509991SE1 Software Evergreen - Year 4 950999/8E1 Software Evergreen - Year 5 Software Evergreen - Warranty Plus Four (4) Years 950999/5E5 Pre -Paid 1 $ 13,526.40 $ 15,863.40 $ 1,186.92 $ 144.00 Subtotal $ 30,720.72 $ 31,642.34 $ 32,591.61 $ 33,569.36 Subtotal $ 97,803.31 $ 122,882.88 The idommtlo[I Cdlliihed In the dOGlanerd p opdehury to Posluon and Is caved solely for the wpm of evaluation. Copyright 2010 Peen= Pubic Safety Sy*nis CONFIDENTIAL 073320A - MetmComm, TX - Configuration Subtotal $ 122, ;•: 2.88 POSITRON Positron Public Safety Sys terns Page 4 of 5 May 31, 2010 1 This ote vides Software ± for the Base m urchased from 9061J. 2 This service is designed to protect the customers initial Software investment by maintaining optimized system performance and functionality. The most recent versions of the purchased software product will be available during the contract period to the customer's designated maintenance personnel who will be responsible for its deployment at the site. The Software Evergreen Program includes shipment of new software versions, minor and major releases, and problem workarounds to be deployed by the customer's designated maintenance personnel. Please note that this service does not apply to any third party software updates such as the Windows operating system (0/5), and the Relational Data Base Management Software (RDBMS) MS SQL. Please note that for the yearly option an escalator factor of minimum 3% on the previous year's total will apply for subsequent years. PRICING All prices are in U.S. Funds. Taxes, if applicable, are extra. FOB Positron, Montreal. Shipping costs are prepaid and charged. PAYMENT NET 30 Days DELIVERY TBD. VALIDITY 120 days. The Yformerion contained intt& docvnert is proprietary to PoaNOn and is otrered sal* for the impose of evakrabon. Copyriplt 2010 Positron Pubic SafMy Systems CONFIDENTIAL Q73320A - MetroComm, TX - Notes POSITRON Positron Puhiic Safety Systems . Page 5 of 5 May 31, 2010 Revision History Original (CA) December 14, 2009 Refreshed the Quote (RS) May 31, 2010 The Worhaiion combined in list doweled is Propd9ry ro Posltrort and is offered solely ror the purpose of erakedic . Copyright 2010 Posifon Pubic weir Systems CONFIDENTIAL. POSITRON 073320A - MetroComm, TX - Revision History =_ s % :: `* > POWER 911° Integrated Intelligent Workstation for Call Handling Power 911 is an integrated Intelligent Workstation that provides call takers with on- screen control of both landline and wireless calls in a wide variety of telephony environments. Through an intelligent approach to information display and management, Power 911 enhances emergency call handling efficiency and consistency. Power 911 is scalable to any size PSAP and utilizes an advanced and proven self - healing design that provides maximum availability. Power 911 offers the widest range of telephony integration choke to suit your needs, providing first -party call control for Nortet Networks Norstar, Business Communication Manage Meridian 1 and CS 1000 series PBXs, and DMS -100 (Centrex). Power 911 is the most powerful intelligent Workstation that provides first -party call control on Avaya's SBXOO series Media Server and Definity PBXs. Integrated Application Suite Positron PublicSafetySystems' fuliyintegrated suite of applications spans the entire workflow of public safety — from E9-1-1 emergency response to command and control. roolm POSITRON is Public Safety Systems Positron systems do more, share more and work together, right out of the box. They offer the benefits of the richest work environment available, without costly and ongoing post - deployment integration. Positron's approach is the only path to an affordable, feature rich and evolving system — with a single number to tall when you need expansion or support. .Paw 9.2 s a r eg5[er:d aacVnark of Fbshm nidb[ %few Srrgrs Corp She rrxrks of adal mnaonls and pro-dons ^xnioned herein rr ,• E.ne Vaderoass a'their reseeciv. awres. a 7C07 PosLwi Ptbk Sakc/ Eysre 0709204:1G3 WIN IV, positron9l r. cam 800.443,3313 EPRINTER Electronic Call Detail Records Management P Public Safety y Systems POSITRON ePrinter is a software application that replaces your call detail record printer. ePrinter provides electronic capture, storage and management of call information as calls are processed from any ANVVALI controller. ePrinter eliminates the need for paper printouts, saving you money, space and the time spent locating call information. ePrinter offers an easy -to -use graphical user interface to locate call detail records quickly, getting you the information you need sooner and more reliably than ever before. ePrinter also provides data reporting, archiving and export features to let you work with the information in other applications. Integrated Application Suite Positron Public Safety Systems' fully- integrated suite of applications spans the entire workflow of public safety - from E9.1.1 emergency response to command and control. Positron - systems -do [nore, share- more-and work together -right out of the box. They offer the benefits of the richest work environment available, without costly and ongoing post - deployment integration. Positron's approach is the only path to an affordable, feature rich and evolving system - with a single number to call when you need expansion or support. The r6m6 0factual cirfrporim and ororkm rre erred reMo rroe Le be trademarks of the_ respective awes. 3707 Positron Putlic Safety Systems Corp, 070920003 vIww.pDsifron97 r.COrri 800.443.3313 AGENDA MEMORANDUM Date: June 29, 2010 SUBJECT: APPROPRIATION OF FUNDS FOR NEYLAND PUBLIC LIBRARY AGENDA ITEMS: Ordinance appropriating $7,769.32 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $58.70 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,710.62 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland; changing FY 2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $7,769.32; and declaring an emergency. ISSUE: Additional funds are available for the Neyland Public Library from unappropriated interest earnings and mineral interest earnings. With this appropriation $1,161,953.76 has been available for the project from private funding sources. Of that amount, $831,450.81 has been received from the Neyland Estate (see Attachment A for complete list of contributions). The major Neyland Library renovation and expansion project is complete, but additional work is needed such as minor roof repair. REQUIRED COUNCIL ACTION: Council authorization required for appropriation of funds. RECOMMENDATION: Staff recommends approval. Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com Attachments: A. Total List of Contributions B. Prior Council Actions --1 0 r 9L'£56' 1,9 V 1$ CO w A to 0 CO i N V N CO V EA 64 69 69f.f16364EAb9.69.69 b9 CO b V 69 s s N V A OD V Q - a ▪ AAC3)ticnVW44QCM• O 0 o V 0 A o Q CD V Q CO Q Q) CO NJ CD 0 J C D CD o[n 0 N cn cn A N Q 1 CO CD CO Q V O Q Q o Q o o b Q Q o b Q NfVNNit]NiVNNNNN CO CO V V V V V V -i V CD CD CnNCDCo VcriWNN -aCO AQNV3WCDCOWGOCaN CD W CD j V W CO N V N A CO s A a) , 20 CA — — Cn .A -� ❑} s N33N3NNR3NC,3►]N QrnjCDCD0 —N4o -- -QCO ' bovvoa'3QQ CA CD OD CO CO CO CO V V V -4 co [n A N • Q - • .69 [n N)[n — A0 O O a b QQOcoa O Q o N Q Ca C7 C7 CO Q C C3 O V o CD b Q Q o N N N N N V V V CD CD CA A j 0 CO V G3C74G3 A❑}VNA N ^A ^A CO ❑) N CDCAC- QQOcQ Co V V C] CA s • 0363 C • 9 .Sq -69 s -64 _ -s .64 --s N W 9 CO ^A cC)CnANG]3CnA '43) -EA 0CnCD- a-- 1NCD 40000 - CA CD A ti A CA W Ca) cn co N CD C CO CO CA CO CD C]7 00 CA [n -1 co A CV CiD 4CDNCDDOCA�3 CO CD Ca QD NC+3D]jNQCnco CD• CNCDCCCDCVNCDC CO V V V -i V V V V V CD Ncflop -4 cn 4WNN._. CO C7 N V ^A CD 03 CD CO W Q 0) OD CD ^A V Ca CD CO N V V A CD a rn ^A - CO CY) ^A s CD cn A R3 R3 ER IQ m cr2CD CO[D —N4a d 23 p p 23 p O 25 d OD CO CO CO CO V V V _44_ 3 ..a ❑) V CA Q 0) 0 ❑ m ct Col 0 3 iv 0 tit v m a4eaieoueuip.io mz M 0 rn N aiea/amueuipap PRIOR COUNCIL ACTION 1. Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T. Neyland Estate 2. Ordinance No. 026128 (January 25, 2005) appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library 3. Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility. 4. Resolution No. 026752 (April 25, 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. 5. Resolution No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. 6. Ordinance No. 026834 (June 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $187,458.57 from the William T. Neyland Estate; $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest earnings from the Library CIP Fund No. 3210 for Parkdale library improvements 7. Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. 8. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492.87. 9. Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101,000.00 to the City for improvements to the Parkdale Branch Library. PRIOR COUNCIL ACTION 10. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Bell Children's Library at the Central Library; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. 11. Ordinance No. 027132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an emergency. 12. Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. 13. Ordinance No. 027237 (April 24, 2007) appropriating $18,223.38 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68 from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $18,223.38; and declaring an emergency. 14. Ordinance No. 027282 (May 22, 2007) appropriating $5,902.61 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.9 from mineral interest from the William T. Neyland Estate and $3,955.42 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and declaring an emergency. 15. Ordinance No. 027368 (August 21, 2007) appropriating $13,975.69 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $13,975.69; and declaring an emergency. PRIOR COUNCIL ACTION 16. Resolution No. 027435 (October 9, 2007) authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for improvements to the Parkdale Branch Library. 17. Ordinance No. 027436 (October 9, 2007) appropriating $29,138.86 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $25,000.00 from the Friends of Corpus Christi Public Libraries; and $4,138.86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $ 29,138.86; and declaring an emergency. 18. Resolution No. 027442 (October 9, 2007) authorizing the renaming of the Parkdale Branch Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library Board upon completion of improvements to the facility and repealing Resolution No. 026129 which previously authorized the remaining of the Parkdale Branch Library to the "William T. Neyland Public Library. 19. Motion No. 2007 -258 (October 9, 2007) authorizing the City Manger or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovation Project for the Base Bid and Additive Alternate No. 1. 20. Motion No. 2007 -255 (October 9, 2007) authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6 -foot high by 12 -foot wide mural, in the amount of $8,550 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. 21. Ordinance No. 027563 (January 29, 2008) appropriating $19,726.24 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $15,155.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $19,726.24; and declaring an emergency. 22. Resolution No. 027573 (February 12, 2008) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and installation of a new book -lift shaft, book -list and machine room at the Parkdale Branch Library. 23. Ordinance No. 027574 (February 12, 2008) appropriating $42,000 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095 for construction and installation of new book -lift shaft, book -lift and machine room at the Parkdale Branch Library from Friends of Corpus Christi Public Libraries; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $42,000; and declaring an emergency. —474- PRIOR COUNCIL ACTION 24. Ordinance No. 027717 (June 10, 2008) appropriating $ 16,997.29 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $ 7,050.60 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland Estate; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $ 16,997.29; and declaring an emergency. 25. Ordinance No. 027871 (August 26, 2008) appropriating $ 3,848.21 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,573.99 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $ 2,274.22 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No, 027546 to increase appropriations by $ 3,848.21; and declaring an emergency. 26. Ordinance No. 027926 (November 11, 2008) appropriating $4,816.28 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $3,046.44 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,769.84 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027456 to increase appropriations by $4,816.28; and declaring an emergency. 27. Ordinance No. 028203 (June 16, 2009) appropriating $2,341.88 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $393.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,947.95 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $2,341.88; and declaring an emergency. Page 1 of 2 AN ORDINANCE APPROPRIATING $7,769.32 INTO THE LIBRARY CIP FUND NO. 3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE ANITA & W.T. NEYLAND PUBLIC LIBRARY FROM THE FOLLOWING SOURCES: $58.70 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210 AND $7,710.62 FROM ROYALTIES FROM OIL, GAS AND MINERAL INTERESTS BEQUEATHED TO THE CITY LIBRARY FROM THE ESTATE OF WILLIAM T. NEYLAND; CHANGING FY 2009 -2010 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028449 TO INCREASE APPROPRIATIONS BY $7,769.32; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7,769.32 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $58.70 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,710.62 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland. SECTION 2. That the FY 2009 -2010 Capital Budget adopted by Ordinance No. 028449 is changed to increase appropriations by $7,769.32. 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: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: June 17, 2010 'Deborah Walther Brown Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, 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 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 292010 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute a contract for the collection of delinquent accounts in automated red light enforcement with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% per account collected on delinquent accounts turned over to law firm. ISSUE: As of May 31, 2010, $1,986,292 represents the total amount owed on red light camera violations. Of this amount, $1,622,555 are for violations that are over 90 days past due. Approximately 76% of this delinquent balance (or approximately $1,230,000) is made up of vehicles registered in Nueces County. The City is currently working with both the Nueces County Tax Assessor /Collector and the Texas Department of Transportation to attach these violations to an individual's vehicle registration so that someone would have to pay the outstanding amount plus a late fee prior to renewing their vehicle registration. We are anticipating having interlocal agreements in place by August 2010. For the remaining 24% (or approximately $390,000), City staff is recommending entering into a contract with Linebarger, Goggan, Blair & Sampson LLP for collections ofthe red light violations for vehicles registered outside of Nueces County based on a fee of 25% per account collected - paid by the person receiving the violation. The contract with the law firm is structured in such a way that if the City should decide to also refer collections of red light violations for vehicles registered in Nueces County to the law firm, we would have the flexibility to do so. REQUIRED COUNCIL ACTION: City Council approval of the resolution is requested. CONCLUSION AND RECOMMENDATION: City Staffrecommends that the City Council approve the resolution as presented. Constance P. Sanchez Interim Director of Financial Services phone; 826 -3227 e -mail; constancep ©cctexas.com Attachment: Contract Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT ACCOUNTS IN AUTOMATED RED LIGHT ENFORCEMENT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR A FEE OF 25% OF AMOUNTS COLLECTED ON DELINQUENT ACCOUNTS TURNED OVER TO LAW FIRM. Whereas the City of Corpus Christi has legal authority to enter into contracts with outside counsel; and Now, therefore, 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 execute the attached contingent legal fee services contract with Linebarger, Goggan, Blair & Sampson, LLP for the collection of delinquent accounts in automated red light enforcement for a fee of 25% of amounts collected on delinquent accounts turned over for collection. SECTION 2. The City of Corpus Christi has substantial need for the legal services to be provided by the attached contingent fee legal services contract. The legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Corpus Christi due to insufficient collection resources. SECTION 3. The legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained or because the City of Corpus Christi does not have appropriated or other budgeted funds available to pay the estimated amounts required under a contract providing only for the payment of hourly fees. SECTION 4. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: June 23, 2010 Lisa A r, Assistant tant City Attorney for the City Attorney Joe Adame, Mayor H:1LEG- DIR1Lisal2010 Resolutions\RES - i5Annebarger contractdoc Page 2af2 Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Eiizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:ILEG- DIR\Lisa12010 Resolutions \RES- auttifrebarger contract.doc 1 LAW FIRM CONTINGENT FEE CONTRACT This Agreement ( "Agreement ") is made on this the day of , 2010, between City of Corpus Christi, Texas, hereinafter referred to as "City ", and Linebarger Goggan Blair & Sampson, LLP, hereinafter referred to as "Law Firm"; In consideration of the mutual promises herein contained, the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION 1.01 City hereby retains and employs Law Firm for the non - exclusive collection of delinquent accounts in automated red light enforcement hereinafter referred to as "Delinquent Accounts ". An account is delinquent when it remains unpaid after ninety (90) days of the date the violation notice was mailed, and the vehicle owner has not responded to the violation notice. 1.02 The Law Firm shall pursue collection methods such as letters regarding the collection of Delinquent Accounts. Exhibit 1 identifies specific tasks to be performed by Law Firm. 1.03 The Law Firm shall provide the City Director of Financial Services with written monthly reports detailing its activities for the preceding month. No settlement agreement of any claim shall be entered into without the approval of the City Director of Financial Services. 1.04 The Law Firm is to call to the attention of the City Director of Financial Services any errors or other discrepancies coming under its observation during the progress of the work. Ownership of information acquired by Law Firm concerning the services performed during this agreement belongs to the City, and Law Firm shall only use such information as needed to perform required services. 1.05 The Law Firm shall direct that all payments be made directly to the local office for the City of Corpus Christi contractor for the automated red light traffic enforcement program. 1.06 The Law Firm shall maintain a file for each referred claim which shall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be retained after conclusion of all legal proceedings for disposition as mutually agreed to by the City's Director of Financial Services and Law firm. II. LAW FIRM'S FEES AND EXPENSES 2.01 As compensation for services required under this contract, City hereby agrees to pay Law Firm 25% of all Delinquent Accounts which are referred to Law Firm for collection and which are actually collected and paid to the City during the term of this contract. All such compensation shall become the property of the Law Firm at the time payment of the monies is made to the City. The City shall pay over said funds monthly by check and include a collection report summarizing the Delinquent Accounts for which payment was received by the City. k#:1LEG- DIR1Lisa12010 Public SafetylATTORNEY CONTIgGENT FEE CONTRACT red light June 23 v2 clean.doc 2 2.02 It is understood that if the amount of Law Firm's fees under this Contract are regulated or governed by law, and that law precludes any other fee arrangement other than the amount set by law or regulation, then the amount payable to Law Firm is limited to the maximum allowed by law. III. REQUIRED RECITALS 3.01 This Agreement is effective only after review and approval by the Comptroller for the State of Texas. 3.02 Law Firm shall keep current and complete written time and expense records that describe in detail the time and money spent each day in performing under this Contract as required by Section 2254.104 (a) Texas Government Code. 3.03 At any time upon request, Law Firm shall permit City, City's governing officials, the Attorney General for the State of Texas, the State Auditor, or any other appropriate official, to inspect or obtain copies of the time and expense records kept in accordance with Section 3.02, as required by Section 2254.104 (b) Texas Government Code. 3.04 Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows Law Firm's computation of the amount of the contingent fee, and contains the final complete time and expense records, as required by Section 2254.104(c) Texas Government Code. 3.05 All time and expense records kept in accordance with Section 3.02 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under Section 552.103 of the Texas Government Code only if, in addition to meeting the requirements of Section 552.103 of the Texas Government Code, the chief legal officer or employee of City determines that withholding the information is necessary to protect City's strategy or position in pending or reasonably anticipated litigation. If any information is withheld in accordance with the Section, City shall segregate said information from information that is subject to required public disclosure. 3.06 Law Finn is responsible for the all expenses, including costs of mailing notices of collection in accordance with Exhibit 1. 3.07 Any subcontracted legal or support services performed by a person who is not associated with Law Firm is an expense subject to reimbursement only in accordance with Subchapter C, Chapter 2254 of the Texas Government Code. 3.08 The amount of the contingent fee and reimbursement of expenses under this Contract will be paid and limited in accordance with Subchapter C, Chapter 2254 of the Texas Government Code. H:1LEG- D1R\Lisa120l4 Public SafetylATTORNEY CONTRWT FEE CONTRACT red light June 23 v2 cleai.doc 3 3.09 City and Law Firm agree that this Contract contemplates a series of recoveries, and that each individual recovery will be less than $100,000.00. City and Law Firm agree that if a recovery that exceeds $100,000 is possible, this Contract will not govern those legal services, but rather a different arrangement under Chapter 2254 Texas Government Code will be reached between the parties. 3.10 Payment of fees and expenses by City will be governed by the requirements set forth in Section 2254.108 of the Texas Government Code. 3.11 The parties may replace this Article III with replacement Article III described in Exhibit 2, upon written determination by Texas Comptroller Office that this contract is not subject to compliance with Chapter 2254 Subchapter C of the Texas Government Code. IV. TERM 4.01 The term of this Agreement begins upon date of Comptroller approval, and continues for one year with three one year renewal periods. If the Comptroller determines that Comptroller approval is not required for this contract, then the term of this Agreement begins upon date of City Council approval. Either party may terminate this Agreement upon sixty (60) days prior written notice. Upon termination, Law Firm will deliver all pending files on accounts referred to it under this Contract to the City. V. CITY RESPONSIBILITIES 5.01 City shall coordinate Law Firm access to the database of Delinquent Accounts. 5.02 City shall notify Law Firm of any forwarding address on returned mail received by City. City shall enter address changes and updates to City records of Delinquent Accounts. 5.03 City shall respond to incoming telephone calls regarding Delinquent Accounts. 5.04 City in its sole discretion shall determine the accounts for referral to Law Firm for collection under this Agreement. VI. MISCELLANEOUS 6.01 This agreement shall be construed under and in accordance with Texas law, and all obligations of the parties are performable in Nueces County, Texas. 6.02 This Agreement constitutes the sole and only Agreement between the parties and supersedes any prior undertakings or written or oral agreement between the parties respecting the subject matter of this agreement. 6.03 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.04 This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. The City Manager is authorized to execute amendments to the Agreement. H:1LEG- DIR\Lisa12010 Public Safety\ATTORNEY CONII5gE.NT FEE CONTRACT red light June 23 v2 clean.doc 4 6.05 Law Firm agrees to comply with all applicable Federal, State, and Local laws, including laws related to collections. 6.06 As desired by City, Law Firm agrees to an audit of files maintained by Law Firm pertaining to this Contract. 6.07 Neither party may assign this Agreement without the prior written approval of other pAY• 6.08 Notice may be sent by certified mail, postage prepared, and is deemed receive on the third day after deposit if sent certified mail. Notice shall be sent as follows: If to City: City of Corpus Christi, Attn: Director of Financial Services, P. 0. Box 9277, Corpus Christi, Texas 78469 -9277. If to Law Firm: Linebarger Goggan Blair & Sampson, LLP, Attn: Paul D. Chapa, Partner, 500 N. Water Street, Suite 1111, Corpus Christi, Texas 78471. 6.09 The Law Firm will not commence work under this Contract until the Law Firm has complied with the insurance requirements set out in the attached Exhibit. 6.10 If the City has not awarded a new contract for the collection of delinquent accounts upon the expiration of this Contract, the contract will continue on a month -to -month basis, at the current fees, until such time as either party provides the other party with sixty (60) days written notice that it does not wish to continue the contract. This Contract automatically expires on the effective date of a new contract for the collection of Delinquent Accounts . The City will provide written notice of the effective date of the new contract to Law Firm. 6.11 The parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that said budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the budget item for this Contract is not adopted, City will notify Law Firm and Law Firm may terminate the Contract at the end of the then current fiscal year Agreed to by the City of Corpus Christi and Law Firm: City of Corpus Christi By: `Angel R. Escobar, City Manager Date: Attest By: Armando Chapa, City Secretary H:1LEG- DIR\Lisa12010 Public SafetylATTORNEY CON'QT FEE CONTRACT red light June 23 v2 clean.doc 5 Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Linebarger Goggan Blair & Sampson , LLP By: Paul Chapa, Partner Date: H:1LEG- DIRILisa120i0 Public Safety\ATTORNEY CONI LN+IT FEE CONTRACT red light June 23 v2 clean.doc 6 Approved by: OFFICE OF THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS By: Date: Martin A. Hubert Deputy Comptroller H:ILEG- DIR1Lisa12010 Public SafetylATTORNEY CONTIMENT FEE CONTRACT red light June 23 v2 clean.dae 7 Exhibit 1 Services Performed by Law Firm Collection of Delinquent Account Mass mailings of delinquent bills as requested by City. Respond to incoming phone calls to Law Firm regarding Delinquent Accounts. Answer correspondence regarding Delinquent Accounts. Law Firm will inform City of any forwarding addresses on returned mail received by Law Firm. H:1L.EG- DIR\Lisa12010 Public 5afety\ATTORNEY CDNTleTENT FEE CONTRACT red light June 23 v2 clean.doc Exhibit 2 Revised Article III 8 3.01 This Agreement is effective only after review and approval by the City Manager. 3.02 Law Firm shall keep current and complete written records that describe in detail the services provided in performing under this Contract. 3.03 At any time upon request, Law Firm shall permit City Manager or designee to inspect or obtain copies of the Law Firm's records kept in accordance with this contract. 3.04Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, and shows Law Firm's computation of the amount of the contingent fee. 3.05 Any records kept in accordance with Section 3.02 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under Section 552.103 of the Texas Government Code only if, in addition to meeting the requirements of Section 552.103 of the Texas Government Code, the chief legal officer or employee of City determines that withholding the information is necessary to protect City's strategy or position in pending or reasonably anticipated litigation. If any information is withheld in accordance with the Section, City shall segregate said information from information that is subject to required public disclosure. 3.06 There is no difference in the method by which the contingent fee will be computed if any matter is settled, tried, or tried and appealed. 3.07Law Firm is responsible for the payment of litigation and all other expenses, including costs of mailing notices of collection. I-I :\LEG- DIRILisa12010 Public SafetylATTORNEY CONTWNT FEE CONTRACT red light June 23 v2 elean.doc 9 EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - Aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY to include : 1. Personal Injury 2. Errors and Omissions $1,000,000 COMBINED SINGLE LIMIT C. In the event of incidents / accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports of any claims within ten (10) days of the incident/ accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the General liability coverage. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of material change, non - renewal, termination or cancellation to the Risk Manager is required. H:ILEG- DIRI[.isa12010 Public Safety\ATTORNEY CONTIVIENT FEE CONTRACT red light June 23 v2 clean.doc 8 Requested Council Action: 6/29/10 Alternate Date: 7/6/10 COUNCIL MEMORANDUM A. ORDINANCE : AMENDING THE CODE OF ORDINANCES. CITY OF CORPUS CHRISTI, CHAPTER 1 ?, REGARDING DELINQUENT ACCOUNT COLLECTION FEES TO PROVIDE THAT THE COLLECTION FEE CHARGED BY A THIRD PARTY COLLECTION SERVICE SHALL BE ASSESSED TO THE PERSON OWING THE CITY ACCOUNT; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. B. RECOMMENDATION: Motion approving a service agreement with Credit Systems International, Inc., Fort Worth Texas for Utility Billing and Accounts Receivable Delinquency Collection Services in accordance with Request for Information No. BI- 0176 -10, based on best value for a fee of 17.9% of the debt collected. The term of the contract will be for twelve months with an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or his designee. *********************************************** * * * * * * * * * * * * * * ** * * * * * * * * * * * * * ** Purpose: The collection agency will work the outstanding Accounts Receivable delinquency accounts and Utility Billing accounts that are currently in arrears with the City. These accounts represent approximately 17,000 accounts with an average account balance of $517.45. In addition to the current outstanding debt owed to the City, the collection agency will receive monthly batches of accounts that fall into a 120 past due status and work those accounts as they become delinquent. These efforts, coupled with the ongoing internal collection efforts currently in place in the Utility Business Office, are expected to reduce the City's bad debt by as much as $1,000,000 per year. Request for information Four Request for Information Four Packets Received Award Basis: Packets Issued Proposals were evaluated by a committee comprised of the Financial Services Division in regards to experience, qualifications, fee structure, collection procedures, data transfer and management reports. Based on the evaluation of the committee, Credit Systems International, Inc has been selected as the recommended provider for this service. Funding: Requested Council Action: 6129110 Alternate Date: 716110 Funds to support this contract are generated from the fees collected by the contractor. The contractor will charge a fee of 17.9% of the funds collected during the term of the contract. Upon approval of the above ordinance, the fee will be added to the amount owed by the customer, thereby charging the cost to collect the monies over to the customer. Michael Barrera Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - Michael Barrera Evaluation Criteria Experience Qualifications FeelCost Collection Procedures Data Transfer /Integratior Management Reports Total Score First Year Cost Annual Cost Maximum Score 15 15 25 15 15 15 100 Request for Information No.:81- 0176 -10 Collection Services Credit Systems International, Inc., Fort Worth Texas Quantum Financial Business Services dba Quantum Collection Services, Corpus Christi, Texas GreenFlag Profit Recovery, San Antonio, Texas Third Coast Recovery Services, Corpus Christi, Texas 15.00 15.00 25.00 14.00 15.00 15.00 99.00 15.00 15.00 17.90 13.00 13.00 15.00 88.90 $329,146.63 $459,702.00 $48,330.00 $67,500.00 15.00 15.00 9.94 10.00 15.00 15.00 79.94 $827,463.61 $121,500.00 10.00 10.00 12.79 10,00 10.00 10.00 62.79 $643,582.81 $94,500.00 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17, REGARDING DELINQUENT ACCOUNT COLLECTION FEES, TO PROVIDE THAT THE COLLECTION FEE CHARGED BY A THIRD PARTY COLLECTION SERVICE SHALL BE ASSESSED TO THE PERSON OWING THE CITY ACCOUNT; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17 Finance and Taxation, Article I "In General ", is amended by adding new Section 17 -21, "Collection fee", to read as follows: "Section 17 -21. Collection fee. Persons indebted to the City for any type of debts which are more than thirty (30) days overdue, including but not limited to, utility accounts, marina slip rental fees, solid waste accounts, and other types of accounts receivables, which are referred to a third party collection service, shall be liable for the underlying debt, and also for costs incurred by the City to effectuate collection of those accounts by third party collection services, to the extent allowed by State and Federal laws. A schedule of the collection fees shall be filed by the Director of Financial Services with the Office of the City Secretary." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This Ordinance takes effect on date of publication. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 29th day of June, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved June 24, 2010 By: Lisa Aguila Assistant City Attorney collection feev2 Joe Adame, Mayor _70_ Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 9 AGENDA MEMORANDUM City Council Action Date: June 29, 2010 SUBJECT: Cayo del Oso Water Line Replacement Project No. E09019 / CIP No. WA 13 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas, in the amount of $299,752 for the Cayo del Oso Water Line Replacement for the total base bid for water service to Texas A &M University - Corpus Christi. ISSUE: .This project replaces one of the two existing 16" water lines serving Texas A &M University- Corpus Christi on Ward Island. This water service is the only service and therefore critical to the university. Two lines are required to provide redundancy and ensure service in case of an outage or maintenance to one of the lines. This project replaces one of the existing lines by boring a new 16" line across the Cayo del Oso. The existing line developed a leak, allowing infiltration of sand and salt water and cannot be economically restored to service. The project has bid and Council approval is required to begin construction. FUNDING: Funding is available from the Water Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. 4.910 Gustavo Gonzalez, P.E. Director of Water Services 361/826-1874 oustavogo@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit °C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map —75— Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanacctexas.com H :WDIIMEIRachelleMENIWaterIneter SystemlE09019-Ceyo feel Oso Water Line RepairsConsiructiernAgencLa Meinro .doc AGENDA BACKGROUND INFORMATION SUBJECT: Cayo del Oso Water Line Replacement Project No. E09019 / CIP No. WA 13 PROJECT DESCRIPTION: This project consists of installing 1,280 LF of new 16" welded PVC potable water line by horizontal direction drilling (base bid). Alternate Bid No. 1 provided alternate pipeline material (ductile iron restrained joint pipe, double PE wrapped) in lieu of the fusible PVC pipe. This project was specifically coordinated and approved by the U.S. Army Corps of Engineers due to its location in an environmentally sensitive area. In addition, a coastal lease had to be obtained from the Texas General Land Office since the university is located on state -owned property. BID INFORMATION: On June 2, 2010, the City received proposals from three bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $299,752 to $430,555 for the total base bid and from $381,612.50 to $448,475 for the total alternate bid. The estimated cost of construction is $264,200 for the base bid and $302,600 for the alternate bid. Jhabores Construction of Corpus Christi, Texas, submitted the low bid in the amount of $299,752 for the total base bid; they did not submit an alternate bid. The low bid was slightly higher than the engineer's construction estimate because the estimate did not adequately account for recent material price increases for PVC and the specialized application. The alternate bid was included to maximize competition and technologies but was higher than the base bid. Therefore, City staff and the consultant, URS Corporation, recommend that the contract be awarded to Jhabores Construction in the amount of $299,752 for the Cayo del Oso Water Line Replacement for the total base bid. CONTRACT TERMS: This project duration will be for a period of 60 calendar days, with completion anticipated in September 2010. PROJECT BACKGROUND: There are two 16" potable water pipelines serving TexasA &M University- Corpus Christi on Ward Island. The pipelines were installed in parallel to provide redundancy because that is the only potable water feed to the university. The pipelines lie in a utility corridor on the south side of Ocean Drive. A fusion weld on one of the 16" pipelines failed in the portion that crosses under the Cayo del Oso Channel at the Ocean Drive bridge. Since that time, the university has relied on the other pipeline as its sole water supply. An effort to repair the damaged pipeline from the exterior was unsuccessful since access to the site of the break required submerged work in a very environmentally sensitive area. The follow -up repair plan was to internally repair the water line; however, that approach was determined to be infeasible by repair technology vendors. After ruling out the external and internal repair approaches, the remaining alternative was the construction a new water line on the same alignment utilizing horizontal directional drilling {HDD} to avoid disturbing the wetland areas to the maximum extent possible. H WOMEIRaohatleIGEHIWaSeMslater SystemLE09019 -Csyo D& Oso Water LinelrinCorutructionWgende Baci'ground.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Cayo del Oso Water Line Replacement Project No. E09019 / CIP No. WA 13 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 29, 2009 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with URS Corporation in the amount of $27,703 for the Cayo del Oso Water Line Repair project. 2. December 29, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $2,825 for the Cayo del Oso Water Line Repair project. 3. May 12, 2010 - Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with URS Corporation in the amount of $45,235 for the Cayo del Oso Water Line Replacement project. —77_ H:WOME1RechelleLGENiWateAWater Syslern1E09059 -Csyo Del Osa Water Line RepairLCanslruaionVPrior Project Aceans.doc 1 EXHIBIT "B" Page 1 of 1 0 0 0 0 0 44 w rk x N w w � � m W a m U co � F IX W co 0 co m 0 Z su zV u, [ w *I ILI z z w L. 0 1- z w 2 w p ° 1- ~ ox N. M r a G 0 D 0 Y ~ 0 P M v 0 CO f� 0 ' N 0 V' a6 S M " 0 0 co N o 9'4 M tri 0 Np C 0 0 0 a o 0 O " $430,555.00 o° 0 p M H . 7 ap y a v a G 8 O 991 V 0 0 Q o 1+ o M 8 a cp o r 0 p� j N O P°7 LC) r 0 O ra F+ 0° O N N °o 0 c°D . t+ °0 co 00 0 Lo CV o co 0 N p C v r- N 4 IAA o p a c 0°° 0 0 o v_ 0 0 0 o 0 r p S S 0 o o N 4.000.00 I p 0 °r 91, pp 5,000.00 I a 44 307.200.00 cri ID. r 44 wm �C±.= v W a' 7 mE aQ a C 7 0 O 8 ui 0 O u°� (V 0 CV 0 O o o r — O 0 0 ('4 0 g rJ 0 0 O O u0i 8 CVi Cl ,- 8,500.00 0 Ni 0 O ('4 w '. y p C �� {{ F F C.) co x� $m5q o O 0 = 0 a 0 o 0 0 0 0 0 Cl- C o r 0 $ N 0 o 0 a - o 00 0 111 = 0 t Q i 0) CV 44 No Bid f No Bid a C d y. (3 ' 7 0 0 4'1 isi 0 0 0 r °0 N.. p 0 o (1) N 0 0 r 0 °° t{7 ao °o °o ( rn a) O rp r 0 La 1A 0 0 'S] Itl LS 0 J 2500 0 o N r TOTAL ALTERNATE BID (Bid items 1 -12 Minus Line 6): Cayo del Oso Water Line Replacemer Protect No. E09019 Description Mobilization/Bonds/Insurance SWPPP complete in place Silt fence Temporary Traffic Controls Trench safety 16" Fusible C -905 PVC water line installed by HDD Surface restoration Connection to existing including necessary bends and/or sleeves Plug existing line Groundwater control Soil stockpiling, seeding and surface restoration TOTAL BASE BID (Items 1 -11): 16" ductile iron restrained joint pipe, double PE wrapped, installed by HDD. G 0 r r 6 c2 s v0 • EXHIBIT "C" Page 1 of 1 PROJECT BUDGET CAYO DEL OSO WATER LINE REPLACEMENT Project No. E09019 June 29, 2010 FUNDS AVAILABLE: Water CIP (See note below) $1,850,000 $1,850,000 FUNDS REQUIRED: Construction (Jhabores Construction) $299,752 Contingencies $29,975 Consultant Fees: Consultant - (URS Corporation- design for water line repair) $27,703 Consultant - (URS Corporation- design for water line replacement) $45,235 Testing - (Geotechnical Testing) $2,825 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) $7,419 Engineering Services (Project MgtiConstr Mgt/Traffic Mgt) 11,540 Construction Observation Services - included in Consultant Services 0 Finance Issuance 4,122 Misc. (Printing, Advertising, etc.) 1,649 TOTAL $430,220 FUNDS REMAINING $1,419,780 Note: This is only one of the projects programmed under this CIP item (C1P No. WA 13, Programmed Distribution Water Line Lifecycle Replacement), which is planned for citywide application. EXHIBIT "D" Page 1 of 1 \ Mproject \counciiexhibits \exhE10019. dwg / LOCATION MAP NOT TO SCALE PROJECT # E10019 CAM DEL OSO WATER LINE REPLACEMENT -Pn- et, 3 Y O i Q CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST?, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 6/20/2010 10 AGENDA MEMORANDUM DATE: June 29, 2010 SUBJECT: Buddy Lawrence Drive from Antelope to II-1-37 (BOND ISSUE 2008) (Project No. 6506 / CIP No: ST 45) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $347,735, for preliminary design, design, bid, and construction phase services and additional services for Buddy Lawrence from Antelope to IH -37. (BOND ISSUE 2008) ISSUE: The section of Buddy Lawrence Drive between Antelope Street and IH -37 is currently a two -lane roadway section with roadside drainage ditches and some curb and gutter section from Nueces Bay Boulevard to IH -37 and curb and gutter section from Antelope Street to Nueces Bay Boulevard. This project consists of street reconstruction of the existing unimproved two lane roadway to a functional collector roadway with two continuous travel lanes with parking lanes on both sides. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the preliminary design phase, final design phase, bid phase, and construction phase and additional services; and requires City Council approval. Coym, Rehmet and Gutierrez Engineering, L.P. was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from Bond 2008, Storm Water, Wastewater and Water Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material :. Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map H: HOMELKely01GENISTREETS16506- Duddy Lawrence Drive - Antelope to 11:1- a AEl2 AGENDA MEMO doc BACKGROUND INFORMATION SUBJECT: Buddy Lawrence Drive from Antelope to IH -37 (BOND ISSUE 2008) (Project No. 65061 CIP No: ST 45) PROJECT DESCRIPTION: Buddy Lawrence Drive improvements will consist of the reconstruction of the roadway including two travel lanes with a center turn lane, parking lanes on both sides, curb and gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements and the installation of improvements to meet Texas Accessibility Standards as administered through Texas Department of Licensing and Regulation. Associated improvements such as pavement markings, traffic signage/traffic control and miscellaneous appurtenances will be made as required. CONTRACT DESCRIPTION: The consultant, Coym, Rehmet and Gutierrez Engineering, L.P., will provide professional' services for the coordination with City staff for preliminary design, design, bidding and construction phases and additional services described further below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, topographic survey and parcel descriptions, environmental issues, construction observation services, start -up services and warranty phase. BASIC SERVICES 1 Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1 Permit Preparation 2, Topographic Survey and Parcel Descriptions 3. Environmental Issues 4. Construction Observation Services 5. Start-up Services 6. Warranty Phase EXHIBIT "A" Page 1 of 2 11: IHUME ♦KellyOLGEN157FtEET316.,OCr Buddy Lawrence Drive - Antelope We:2 lage AEL3 AGENDA BACKGROUND.doc Work will not begin on Additional Services until requested by the NE, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is required. PROJECT BACKGROUND: The Buddy Lawrence from Antelope to IH -37 project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street Improvements. On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 2 of 2 HAHOME1Kelty01GEN15TREET515505- Buddy Lawrence Drive -Antelope to INgtarge AEI3 AGENDA BACKGROUND.dcc PRIOR PROJECT ACTIONS SUBJECT: Buddy Lawrence from Antelope to IH -37 (BOND ISSUE 2008) (Project No. 65061 CIP No: ST 45) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non-local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local), H; HOMEH{elly(AGEN1STREETS165O6- Buddy Lawrence Drive - Antelope to21813 rge AEIA PRIOR ACTIONS. doc EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Buddy Lawrence Drive from Antelope to IH -37 (BOND ISSUE 2008) (Project No. 6506 / Clip No: ST 45) 1. SCOPE OF PROJECT Buddy Lawrence Drive from Antelope to IH -37 (BOND ISSUE 2008) (Project No. 6505) — The section of Buddy Lawrence Drive between Antelope Street and IH -37 is currently a two -lane roadway section with roadside drainage ditches and some curb and gutter section from Nueces Bay Boulevard to 1H -37 and curb and gutter section from Antelope Street to Nueces Bay Boulevard. Buddy Lawrence Drive improvements will consist of the reconstruction of the roadway including two travel lanes with a center turn lane, curb and gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements and the installation of improvements to meet Texas Accessibility Standards as administered by the Texas Department of Licensing and Regulation. Associated improvements such as pavement markings, traffic signage /traffic control and miscellaneous appurtenances will be made as required. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. in addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the A!E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE Day Date Activity Monday July 5, 2010 Begin Engineering Letter Report Monday September 20, 2010 Begin Design Phase Monday November 22, 2010 Interim Submittal Monday December 6, 2010 Complete City Review Monday February 14, 2011 _ Pre -Final Submittal Monday February 28, 2011 Complete City Review Monday March 14, 2011 Final Submittal Monday April 4, 2011 Advertise for Bids Wednesday April 20, 2011 Pre -Bid Conference Wednesday April 27, 2011 Receive Bids Tuesday May 24, 2011 Contract Award Monday June 27, 2011 Begin Construction Friday _ February 24, 2012 Complete Construction —87- HAHOMEVKaIty01GEMSTRt:ETSk45D6 Buddy Lawrence Arturo • Antelope to I14371Large AEL5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 2 4. FEES Basic Services Fees 1. Preliminary Phase $35,500 2. Design Phase $100,600 3. Bid Phase $7,700 4. Construction Phase _$22,700 Subtotal Basic Services Fees $166,500 Additional Services Fees (Allowance) 1. Permit Preparation (TDLR) $3,300 2. Topographic Survey $31,500 3. Sanitary Sewer Cleaning and Video $21,585 4. S.U.E. /Hydroexcavation $20,400 5. Construction Observation Services $99,500 6. Warranty Phase $4,950 Sub -Total Additional Services Fees $181,235 Total Project Fee $347,735 The estimated construction cost for Buddy Lawrence Drive from Antelope to IH -37 is $2,077,021. The total basic services fee proposal for this project is $166,500. Therefore, the percentage of design cost to construction cost is 8 %. _88_ HAHOME1KelivO\GENISTREETS16506- Buddv Lawrence Drive - Antelope to 1K- 371LarQe AE15 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 2 PROJECT BUDGET BUDDY LAWRENCE DRIVE FROM ANTELOPE TO IH -37 BOND ISSUE 2008 PROJECT NO. 6506 June 29, 2010 FUNDS AVAILABLE: Street (Bond 2008) $1,300,000.00 Storm Water CIP $807,87300 Wastewater CIP $224,410.00 Water CIP $523,621.00 Total $2,855,904.00 FUNDS REQUIRED: Estimated Construction (Contractor To Be Determined) $2,077,02t00 Contingencies (10 %) 207,702.10 Consultant Fees: Basic Services (Coym, Rehmet & Gutierrez Engineering, L.P.) (Authorized) 166,500.00 Additional Services (Coym, Rehmet & Gutierrez Engineering, L.P. (Not Authorized) 181,235.00 Estimated Testing (TBD) 41,540.42 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 57,118.08 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 72,695.74 Finance Issuance 25,962.76 Misc. (Printing, Advertising, etc.) 10,385.11 Total $2,840,1 60.21 FUNDS REMAINING $15,743.79 EXHIBIT "D" Paz! 1 of 1 jMpro jec t \ co uncilexhibi is \ exh 850 6. dwg /NTERSrArEar PROJECT SITE Buddy Lawrence Drive from Antelope Dr. to IH -37 PROJECT #6506 ANTELOPE STREET �y LEOPARD Sr. I \\ LOCATION MAP NOT TO SCALE EXHIBIT 'E" Buddy Lawrence Drive from Antelope to 111-37 (Bond 2008) -90- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 DATE: 4/01 /2010 11 AGENDA MEMORANDUM City Council Action Date: June 29, 2010 SUBJECT: Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and/or Replacement (Project No. 4378) BOND ISSUE 2008 NO. 40 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Change Order No. 4 to a construction contract with Malefic, Inc. of Corpus Christi, Texas, in the amount of $41,083 for a restated not to exceed price in the amount of $774,793.00 to install two variable frequency drive pumps with new piping, valves, electrical and integrated controls for the Museum of Science and History HVAC /Air Handling Unit/Chiller /generator and Fire /Security Repairs and /or Replacement Project. (BOND ISSUE 2008) ISSUE: The variable frequency drive of the chilled water pump failed during the project. The pump was not programmed to be replaced as part of the project. Emergency repair of the pump enabled the pump to continue to provide limited cooling. The pump must be replaced to allow proper air conditioning of the Museum. Change Orders greater than $25,000 must be authorized by City Council. FUNDING: Funding is available from the Bond Issue 2008 Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. At/fa Rick Stryker, Director of Museum 826 -4660 ricksacctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Project Budget Exhibit "C" Change Order Summary Exhibit "D" Location Map _93— HAHOM EIKEV INSIGENIMUS EUM1437 BHVAC- AHll2006LAwdC04INemo. doc Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean a. cctexas. cam BACKGROUND INFORMATION SUBJECT: Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and/or Replacement (Project No. 4378) BOND ISSUE 2008 NO. 40 CHANGE ORDER No. 4 DESCRIPTION: The proposed change order will result in the installation of two variable frequency drive pumps with new piping, valves, electrical and integrated controls. The second variable drive frequency pump is deemed necessary to increase reliability of the air conditioning system and provide system redundancy. CHANGE ORDER BACKGROUND: The variable frequency drive of the chilled water pump failed during the project. The pump was not programmed to be replaced as part of the project. Emergency repair of the pump enabled the pump to continue to provide limited cooling. The pump must be replaced to allow proper air conditioning of the Museum. The protection and preservation of artifacts and other Museum collection requires an effective and reliable cooling system. The temperature and humidity must be maintained in a very narrow range or the artifacts and collection will deteriorate. The change order adds 14 calendar days to the project completion time requiring the project to be complete within 224 calendar days. PROJECT DESCRIPTION: The Project was awarded the Base Bid and Additive Alternate No. 2. The Base Bid provided for the: • removal of (3) multi -zone units and 1 constant volume unit and replace with 2 variable air volume units (VAV) with series fan powered terminal units, including new 18" roof curbs and roofing repair; • removal and replacement of (4) constant volume air handling units; • removal and replacement of clogged piping in the chilled and hot water piping; • Installation of a new exhaust hood for paint/work bench; • removal and replacement of electrical panels DPA, DPB, and a manual transfer switch in the main mechanical room; • providing connections for temporary generator; • installation of a new secure card access system for (4) storage areas; and • installation of a new insulated vestibule to reduce heat infiltration at rear roll -up door entrance to workroom. Additive Alternate Bid No. 1 provided for the upgrade of the fire alarm panel, related detectors and AN devices complete and in place per lump sum. Additive Alternate Bid No. 1 was deleted by Addenda. —94— H LHOMELKEVINSiGEN MUSELM4376HVAC- AHU2008lAwdC096kaE#Ul.dac EXHIBIT "A" Page 1 of 2 Additive Alternate Bid No. 2 — Remove (4) exit doors and replace with (4) automatic slide exit doors. Install new pedestrian handrail on main entry steps complete and in place per lump sum. PRIOR ACTIONS: November 4. 2008 -- Approval of the Bond Issue 2008 Election by the voters. PRIOR COUNCIL ACTIONS: December 15, 2009 — Ordinance adopting the FY 2010 Capital Budget and Capital Improvement Planning Guide (Ordinance No. 028449). February 17, 2009 - Motion authorizing the City Manager, or his designee, to execute a engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an of $88,920, for the Museum of Science and History HVAC /Air Handling and Fire Security Repair /Replacement for design, bid, construction, and additional phase services (Bond 2008) PRIOR ADMINISTRATIVE ACTIONS: March 22, 2009 — Administrative award of Change Order No. 1 to Malek, Inc. in the amount of $20,250.00 for removal of all ceilings and installation of new suspended ceiling grid and ceiling tile. June 8, 2010 - Administrative award of Change Order No. 2 to Malek, Inc. in the amount of $7,080.00 for additional asbestos removal not originally identified during the asbestos survey. June 8, 2010 - Administrative award of Change Order No. 3 to Malek, Inc. in the amount of $1,357.00 for emergency repair of the chilled water pump. —95— HAH OHMKEW NSAGENIMUSEI] MM 3781-VAC- AHU20091AwdC 048NExhkdac EXHIBIT "A" Page 2of2 EXHIBIT "B" Pale 1 of 1 1{ PROJECT BUDGET MUSEUM OF SCIENCE AND HISTORY HVAC /AIR HANDLING UNIT /CHILLER/GENERATOR AND FIRE/SECURITY REPAIRS AND /OR REPLACEMENT (BOND ISSUE 2008) Project No. 4378 June 29, 2010 FUNDS AVAILABLE: Bond Issue 2008 CIP No. 40 ........................ $867,000.00 Total. ..................... $867,000.00 FUNDS REQUIRED: Construction (Malek, Inc.)............ $705,023.00 Contingencies. 787.00 Change Order No. 1 20,250,00 Change Order No. 2 ................. . .............................. 7,080.00 Change Order No. 3 . ............................... 1,357.00 Change Order No. 4 ................. ............................... 41,083.00 Consultant (Bath Engineering Group)......... 88,920.00 Reimbursements...... 1,500.00 Printing and Advertising 1,000.00 Total......... $867,000.00 Funds Remaining. $0.00 —96— DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET June 29, 2010 PROJECT: MUSEUM OF SCIENCE & HISTORY HVAC /AIR HANDLING UNIT REPAIR & REPLACEMENT Project No. 4378 APPROVED: COUNCIL MOTION 09 -347 APPROVED 12/15/2009 CONTRACTOR: Malek, Inc. P.O. Box 679 Corpus Christi, TX 78403 TOTAL CONTRACT AMOUNT 705,023.00 25% Limit Amount 176,255.75 Change Order No. 1 (8117109) 20,250.00 Change Order No. 2 (in process) 7,080.00 Change Order No. 3 (In process) 1,357.00 Change Order No. 4 (6129110) 41,083.00 Total 69,770.00 = 9.90% < 25% Exhibit C Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 4 FUNDING SOURCE: 550910 - 3125- 00000- 120836 CONTRACT TIME: 210 C.D. Operating Department: Engineering Services DATE: June 10. 2010 Name of Project: Museum Of Science And History HVAC /Air Handling Unit and Fire /Safety Repairs and/or Replacement Project No. 4378 Contractor: Malek Inc. CHANGE AS FOLLOWS: Repair Chilled Water Pump Total: ADD DEDUCT $41,083.00 $41,083.00 Why was this change necessary? (If left off the plans and specifications, explain why) Re lace the sin le oversized chilled water um with 2 um s for redundant and 2 new variable fre uenc drive with new controls integrated into the control system. How can similar changes be avoided in the future? requested due to pump failure during construction. This work was not included in the original contract. Was A. CONTRACT PRICE $ B. TOTAL CHANGE ORDER (inc. current) $ C. NEW CONTRACT PRICE $ D. THIS CHANGE ORDER E. PERCENT TOTAL CHANGE (S /A) F. PREVIOUS ADDN'L TIME AUTHORIZED G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME CITY OF CORPUS CHRISTI, TEXAS By: City Engineer APPROVED: 705,023.00 69,770.00 774,793.00 41,083.00 9.9% 0 CD 14 CD 14 CD CONTRACTOR ct Engineer Operating Department Director of Management & Budget Legal Department -98- Exhibit C Page 2 of 2 File : \ Mproject \councilexhibits\exh4378d.dwg SHIP CHANNEL HARBOR BRIDGE COATI'S c?-L' s71 say CITY PROJECT No. 4378 VICINITY MAP NOT TO SCALE EXHIBIT "D" MUSEUM OF SCIENCE & HISTORY HVACIAIR HANDLING UNIT/ CHILLER/GENERATOR AND FIRE/SECURITY REPAIRS AND/OR REPLACEMENT BOND ISSUE NO. 40 -99- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -29 -2010 12 AGENDA MEMORANDUM City Council Action Date: June 29, 2010 SUBJECT: Southside Mobility Corridor Feasibility Study Project No. El 0077 -- ADVANCE FUNDING AGREEMENT AGENDA ITEM: Resolution authorizing the City Manager or his designee to enter into a Local Project Advance Funding Agreement for Non- Construction (LPAFA - NonCST) with the Texas Department of Transportation in the amount of $112,000 for the Southside Mobility Corridor Feasibility Study for a term of two years. (BOND ISSUE 2004) ISSUE: The Southside Mobility Corridor is intended to relieve congestion and provide an additional evacuation route. The Corpus Christi Metropolitan Planning Organization (MPO) has designated funds for FY 2010 and 2011 to conduct a study to determine the feasibility and location of the proposed south side loop. The study area is from IH 37 to Park Road 22 within and around the City of Corpus Christi's extraterritorial jurisdiction (ETJ), including the cities of Robstown, Edroy and Odem. The Texas Department of Transportation (TXDOT), the manager of the project, will contract with a consultant who will conduct the feasibility study. Under the terms of the agreement, the federal government will pay 80% of the project cost and the local government will pay 20 %. The local governmental entities which will benefit from the study are the City of Corpus Christi, Nueces County and San Patricia County. Therefore, they will each pay a portion of the cost. An Advance Funding Agreement with TXDOT is needed in order to initiate the project. FUNDING: Funding is available from the 2004 Bond Issue -City Participation in TXDOT Projects. RECOMMENDATION: Staff recommends approval of the resolution as presented. Pete Anaya, P.E. Director of Engineering Services 361/828-3781 petea n 5,cctexas. com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Advance Funding Agreement Exhibit "C" Resolution Exhibit "D" Location Map H: WOMeiRdohetlelGEMiStrae ts1E10077 -SS Mobility Corridor Feasibility SIudLVIeureema.doc AGENDA BACKGROUND INFORMATION SUBJECT: Southside Mobility Corridor Feasibility Study Project No. E10077 — ADVANCE FUNDING AGREEMENT ADVANCE FUNDING AGREEMENT DESCRIPTION: The proposed project consists of a study to determine the feasibility and possible location of a south side loop which will benefit the City of Corpus Christi, Nueces County and San Patricio County, The Southside Mobility Corridor is intended to relieve congestion and provide an additional evacuation route. The study area is from IH 37 to Park Road 22 within and around the City of Corpus Christi's extraterritorial jurisdiction (ETJ), including the cities of Robstown, Edroy and Odem. The Texas Department of Transportation ( TXDOT), the manager of the project, will contract with a consultant who will conduct the feasibility study. Once it is completed, TXDOT will provide the participating governmental entities with a copy of it. FUNDING: The Corpus Christi Metropolitan Planning Organization (MPO) has designated $400,000 of Category 7 (Metropolitan Mobility and Rehabilitation) funds for Funding Year 2010 and $1,000,000 Category 7 funds for Funding Year 2011 for the Southside Mobility Corridor Feasibility Study. These funds are based on an 80120 match and the 20% match is expected to be shared between the communities which will benefit from the south side loop as follows: % Match FY 2010 FY 2011 Total City of Corpus Christi 8% $32,000 $80,000 = $112,000 Nueces County 8% $32,000 $80,000 = $112,000 San Patricia County 4% $16,000 $40,000 = $ 56,000 20% $80,000 $200,000 $280,000 DESCRIPTION TOTAL ESTIMATED COST PARTICIPATION FEDERAL STATE LOCAL STUDY COSTS e1e COST °Io COST % COST Study of feasibility and route for a south side loop from Interstate Highway 37 to Park Road 22 FY 2010 $400,000 80% $320,000 0% $0 20% $80,000 Study of feasibility and route for a south side loop from Interstate Highway 37 to Park Road 22 FY 2011 $1 ,000,000 80% 5800,000 0% $0 20% $200,000 Total $1,400,000 $4,120,000 $0 $280,000 FUTURE COUNCIL ACTION: The Corpus Christi City Council will be required to authorize an Advance Funding Agreement for design once the feasibility study has been completed. The design will be addressed in phases based on need and development patterns. H: HOMERachellelGEMStreels1E1007 7 -Ss Mobility Corridor Feasibility St j34 Backgrouid.doc EXHIBIT "A" Page 1 of 1 CS.] # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT NON - CONSTRUCTION ADVANCE FUNDING AGREEMENT For a Surface Transportation Project - Metropolitan Mobility On System Project THIS Local Project Advance Funding Agreement for Non - Construction ( LPAFA- NonCST) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter referred to as the "State ", and the City of Corpus Christi, Nueces County, and San Patricio County, each acting by and through their duly authorized officials, hereinafter referred to as the "Local Governments ". BACKGROUND A Master Agreement between each of the Local Governments and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA- NonCST. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Surface Transportation Projects. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission passed Minute Order 112237, which provides for development of and funding for the Project identified in this LPAFA - NonCST. The Governing Body of the Local Governments has each approved entering into this LPAFA - NonCST by resolution or ordinance, which are attached and made part of the LPAFA - NonCST as Attachment A. THEREFORE, in consideration of the mutual promises contained in this LPAFA- NonCST, the parties agree to the following. Agreement 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the close of ordinary business on January 31, 2013 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached and made part of this LPAFA - NonCST. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in Attachment C, which is attached and made part of this LPAFA - NonCST. The Statei pay for only those Project costs that have been AFA- LPAFA_NonConstruction.doc Page of 6 Revised 12/11/2009 1 EXHIBIT "8" CSJ # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under there direction or control before the federal Letter of Authority is formally issued. If any of the Local Governments will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Governments must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Governments shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of any of the Local Governments or an employee of a firm that has been contracted by the Local Governments to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Governments have not designated a qualified individual to oversee the Project. b. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Governments are due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Governments are responsible for the non - federal and non -State participation costs associated with the Project, the State is responsible for overruns in excess of the approved local Project budget. If-the -- writte�,n at n. The State will not pay interest on any funds provided by the Local Government. c. The Local Governments shall request payment by submitting the original of an itemized invoice in a form acceptable to the State. The Local Governments may submit an invoice no more frequently than monthly and no later than ninety days after incurring a cost. Each invoice shall itemize charges and shall attach documentation showing the name, hourly rate, and number of hours worked for all labor charges, the basis for allocation of any indirect costs, and copies of invoices for any direct costs over $1,000. d. Whenever funds are paid by the Local Governments to the State under this LPAFA - NonCST, the Local Governments shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Governments, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting, if excess funds remain in the escrow account, those funds may be applied by the State to the Local Governments' contractual obligations to the State under another advance funding agreement. e. If the Project has been approved for a fixed price or incremental payments under 43 TAC §15.52, Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. If the Local governments are an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA- LPAFA_NonConstruction. doc Page 2 of 6 Revised 12/11/2009 EXHIBIT "B" CSJ # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 f. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the LPAFA - NonCST or indirectly through a subcontract under the LPAFA- NonCST. Acceptance of funds directly under the LPAFA - NonCST or indirectly through a subcontract under this LPAFA - NonCST acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. g. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. h. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Governments are performing any work, either directly or through a contractor, it must comply with the following provisions. If the Local Governments are receiving ARRA funds, but are not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agencies administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the neces a_ry monthly employment information and shall be AFA- LPAFA_NonConstruction.doc Page iof 6 Revised 12111/2009 1 EXHIBIT "B" 1 CSJ # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this farm from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. in order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agencies relating to the project at any time. i. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to the Local Governments, the Local Governments must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any ARRA expenditures for Federal Awards. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to any parties. 4. Notices All notices to all parties by the other parties under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 Local Government: San Patricia County 400 West Sinton #109 Sinton Texas 78387 Local Government: Nueces County 901 Leopard Street Corpus Christi, Texas 78401 All notices shall be deemed given on the date delivered or deposited in the mail. All parties may change the above address by sending written notice of the change to all other parties. A I parties AFA -LPAFA NonConstruction.doc —10$— Page 4 of 6 Revised 12/11/2009 EXHIBIT "B" CS] # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 may request in writing that notices shall be delivered personally or by certified U.S. mail, and the request shall be carried out by all other parties. 5. Termination Termination of this LPAFA - NonCST shall be under the conditions as stated in the Master Agreements, without exception. 6. Amendments Amendments to this LPAFA - NonCST shall be made as described in the Master Agreements, without exception. 7. Document and Information Exchange The State agrees to electronically deliver to the local governments as requested any general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the local governments, the Local Governments will use the State's document template. The Local Governments shall also provide a detailed project time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Governments creates the documents with its own forces or by hiring a consultant or professional provider. 8. Incorporation of Master Agreement Provisions This LPAFA Non -CST incorporates all of the governing provisions of the Master Funding Agreements in effect on the date of final execution of this LPAFA Non -CST, unless an exception has been made in this agreement. 9. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Governments certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. A FA -L PA FA_N o n Con stru cti o n. d oc —109 - Page5of6 Revised 12/11/2009 1 EXHIBIT . B" CSJ # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 1 0. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this LPAFA- NonCST on behalf of the entity represented. THEREFORE, the parties have executed this LPAFA - NonCST in quadruplicate originals. The City of Corpus Christi Nueces County Name Name Printed Name and Title Printed Name and Title Date Date San Patricia County Name Printed Name and Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix, Director of Contract Services Texas Department of Transportation Date AFA- LPAFA_NonConstruction.doc Pag °6 of 6 Revised 12/11/2009 EXHIBIT "B„ CST # 0916 -00 -054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT A Resolutions or Ordinances 111ge1 of 1 IEXHIBIT "B" I P nA7of9 CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT B SCOPE OF WORK The State will prepare a feasibility study for the Corpus Christi South Loop project through a consultant contract using surface transportation project fund (category 7) with the local governments providing the required match. This project is a two year project which requires the locals to commit funding. The expected deliverables of the project are as follows: The feasibility study would: • Determine the purpose and need of the Southside Mobility Corridor and whether it merits further consideration; • Develop an evaluation criteria for analyzing the various corridor alternatives including the "no build" option; • Determine the logical termini, to include the identification of "segments of independent utility" with prioritization; • Define an alignment versus the broad swath currently under consideration; • identify the impact of the alignment on current and planned development; • Identify economic development opportunities in the corridor area; • Detail benefits of improved emergency evacuation opportunities for both counties; • Detail benefits of Nueces River crossing with improved elevation; • Prepare an alignment to be presented to the TxDOT Commission for consideration of incorporating the corridor into the state system thereby, making the corridor eligible for future state and federal funding; • Provide opportunities for public comments and suggestions on a preferred alignment; • Develop an implementation plan that clearly identifies the recommended future actions with a corresponding timeline; and • Use the corridor alternative study to determine total costs for each corridor alternative. —112 — Page 1 of 1 EXHIBIT "B" Attachment B I Pana R of cri ca a a) coc Aa) U a Td lli r CD 0 rc unv 1%, I Cost o 6'" N r 1M1 1 000'017$ v Ea 0713 Gr Q =•x ."eavi: 1 000'08$ 2 mow. -L . fig, Q [V [7 69 is ^• � =.: "' Z-400 F 0 OQ ER P. CAE .r EiE 0= O0 0' 0Q 0 71 z "L in U CND! 000`8$ 0 20% . ■ +� 0% %aZ � 000'0ZZ$ o 000'008$ o i ti- !FP Q 80% -__d Q 80% yi: 000`0017$ 0 co E— 69 $ •x y�_ 5 $1,000,000 0 o0 '71" ER V 0 "41 tin zA' 2010 Project Cost Direct State Cost (4 %7 2011 Project Cost Direct State Cost (4 %) to }i 1° Attachment C 1 EXHIBIT "B" 0 — Pans4nfG RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR NON - CONSTRUCTION (LPAFA- NonCST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) IN THE AMOUNT OF $112,000.00 FOR THE SOUTHSIDE MOBILITY CORRIDOR FEASIBILITY STUDY FOR A TERM OF TWO YEARS 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 a Local Project Advance Funding Agreement for Non - Construction (LPAFA - NonCST) with the State of Texas, acting by and through the Texas. Department of Transportation, in the amount of $112,000.00, for a two -year term, for the Southside Mobility Corridor Feasibility Study. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 17-Jun-10 By: if Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor —114 - Ii:1LEG- DIRWeronica011.ENG11 AGENDA l T F M svining2ainIns9Qin R¢en DA CIS 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 —115 - It:1LEG- D1RkVeranicaol1.ENG11 AGENDA ITEM 511010629101062910 RESO LPAFA TxDOT v 1 dnr_r Mpro jec t\ councilexhibi is \ exh E 1 0077 . dwg PROJECT # E10077 EXHIBIT "D° SOUTHS!DE MOBILITY CORRIDOR FEASIBILITY STUDY - FROM IH 37 TO PR 22 --1 1 A- — - CITY COUNCIL EXHIBIT CITY OP CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE; 1of1 DATE: 6/11/2009 wwwinrod 13 AGENDA MEMORANDUM City Council Action Date: June 29, 2010 SUBJECT: Memorandum of Understanding - Disadvantaged Business Enterprise Program AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with the Texas Department of Transportation (TXDOT) regarding adoption of TXDOT's federally approved Disadvantaged Business Enterprise Program. ISSUE: The State of Texas, acting through the Texas Department of Transportation (TXDOT), and the City of Corpus Christi are required to adhere to a federally approved Disadvantaged Business Enterprise Program when federal funds are used for any portion of a project. A memorandum of understanding (MOU) is required to assure the federal government that the City of Corpus Christi is following the federal rules and regulations pertaining to federal funding and civil rights. Federal funding through the Texas Department of Transportation will not be available unless TXDOT has the City's executed MOU and resolution on file. FUNDING: No funding required. RECOMMENDATION: Staff recommends approval of the resolution as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanecctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Resolution Exhibit "C" Memorandum of Understanding H OME1RachellelGEN1TXDOT .Memorandum of Understanding {5 -I O) Aganda ✓y1e dcc AGENDA BACKGROUND INFORMATION SUBJECT: Memorandum of Understanding - Disadvantaged Business Enterprise Program PROJECT DESCRIPTION: The proposed Memorandum of Understanding (MOU) will apply to any federally funded projects programmed through the Texas Department of Transportation or the Metropolitan Planning Organization. Currently the City of Corpus Christi has been complying with the State of Texas and the rules associated with the Disadvantaged Business Enterprise Program on projects with federal funding. This MOU will not change any requirement or process currently being used at this time. The intent of this MOU is to formalize the City's commitment to the DBE Program and to assure the federal government that the City of Corpus Christi is in compliance with the laws and rules attached to federal funds. H: HOMEIRache11e1GENITX DOTLMemorandum of Understanding (E-lO) 1 round dac EXHIBIT "A„ Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) REGARDING ADOPTION OF TXDOT'S FEDERALLY- APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM WHEREAS, from time to time the City receives federal funds from the Federal Highway Administration ( "FHWA ") through the Texas Department of Transportation ("TxDOT") to assist the City with the construction and design of projects partially or wholly funded through FHWA; and WHEREAS, the City, as a sub- recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ( "DBEs "), as defined by 49 CFR 26 ( "DBE Program "); and WHEREAS, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program) that is approved by the FHWA pursuant to 49 CFR part 26; and WHEREAS, certain aspects of City's procurement of construction and design services are subject to review and/or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT: and WHEREAS, the City and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors; and WHEREAS, the City desires to implement a federally compliant DBE Program by adopting the TxDOT- approved program, as recommended by FHWA; and WHEREAS, TxDOT and the City find it appropriate to enter into the attached Memorandum of Understanding (Exhibit A) to memorialize the obligations, expectations and rights each has as related to City's adoption of the TxDOT DBE Program to meet the federal requirements; 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 a Memorandum of Understanding with the Texas Department of Transportation ( TxDOT) regarding the City's adoption of TxDOT's federally - approved Disadvantaged Business Enterprise Program. SECTION 2. The City of Corpus Christi hereby adopts TxDOT's federally- approved Disadvantaged Business Enterprise under the terms outlined in said Memorandum of Understanding. • —121— A n r- .inn 1 T r ei C19n1nR7oir11RF7oin DGCrl TyllrST AArs1 I fnr fIRF rinr*.Y ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 17-J By: Veronica Ocarias 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 -1 2 3- MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY - APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY THE CITY OF CORPUS CHRISTI This Memorandum of Understanding is by and between the TEXAS DEPARTMENT OF TRANSPORTATION ( "TxDOT "), an agency of the State of Texas; and the CITY OF CORPUS CHRISTI ( "CITY "), a political subdivision of the State of Texas. Whereas, from time to time CITY receives federal funds from the Federal Highway Administration ( "FHWA ") through TxDOT to assist CITY with the construction and design of projects partially or wholly funded through FHWA; Whereas, CITY, as a sub - recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ( "DBEs "), as defined by 49 CFR 26 ( "DBE Program "); Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program) that is approved by the FHWA pursuant to 49 CFR part 26; Whereas, certain aspects of CITY'S procurement of construction and design services are subject to review and/or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT; Whereas, CITY and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors; Whereas, CITY desires to implement a federally compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; Whereas, TxDOT and CITY find it appropriate to enter into this Memorandum of Understanding to memorialize the obligations, expectations and rights each has as related to CITY'S adoption of the TxDOT DBE Program to meet the federal requirements; Now, therefore, TxDOT and CITY, in consideration of the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: (I) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) CITY is a sub - recipient of federal assistance for construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a federally approved DBE Program. The CITY receives its federal assistance through TxDOT. As a sub - recipient, CITY has the option of developing its own program or adopting and operating under TxDOTs federally approved DBE Program. The FHWA recommends that sub - recipients, such as CITY, adopt the DBE program, administered through TxDOT, and CITY by its prescribed protocol adopted the TxDOT DBE Program on Tuesday, June 29, 2010 at the City Council Meeting of the Corpus Christi City Council. • (3) This Memorandum of Understanding evidences FHWA's and TxDOTs consent to the adoption of the TxDOT DBE Program by CITY to achieve its DBE participation in federally- assisted Construction and Design Projects. DBEJMDU 5128110 r.1 247 1 of 6 (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for CITY and for TxDOT. (5) CITY and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by CITY: (a) CITY will be responsible for project monitoring and data reporting to TxDOT. CITY will furnish to TxDOT any required DBE contractor compliance reports, documents or other information as may be required from time to time to comply with federal regulations. TxDOT will provide the necessary and appropriate reporting forms, to CITY. (b) CITY will recommend contract - specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market, project size, and nature of the good(s) or service(s) to be acquired. CITY'S recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. CITY and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision- making authority regarding DBE goals. (c) TxDOT will cooperate with CITY in an effort to meet the timing and other requirements of CITY projects. (d) CITY will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e) The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate an CITY construction projects or design projects subject to the DBE Program. The DBEs will be listed on TxDOTs website under the Texas Unified Certification Program (TUCP). (f) CITY will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort (GFE), Commercially Useful Function (CUF), etc. CITY and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision - making authority on those issues and reserves the right to perform compliance reviews. CITY shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. CITY will require contractors for its FHWA federally assisted projects to use the attached forms as follows: Attachment 1 -- Disadvantaged Business Enterprise (DBE) Program Commitment Agreement Form SMS 4901 Attachment 2 — DBE Monthly Progress Report Form SMS 4903 Attachment 3 — DBE Final Report Form SMS 4904 Attachment 4 — Prompt Payment Certification Form (Federal -air Projects) 2177 (g) CITY will designate a liaison officer to coordinate efforts with TxDOTs DBE Program administrators and to respond to questions from the public and private sector regarding CITY'S administration of the DBE Program through TxDOT. DBE/NMOU 5128110 —lg 2of6 (h) CITY will be responsible for providing TxDOT with DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE shortfall reports, and annual and updated goal analysis and reports. (i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the DBE Program, and providing business development and outreach programs. CITY and TxDOT will work cooperatively to provide supportive services and outreach to DBE firms in CITY area. (j) CITY will submit DBE semi - annual progress reports to TxDOT. (k) CITY will participate in TxDOT- sponsored training classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final DBE Clearance. TxDOT will include DBE contractors performing work on CITY projects in the DBE Education and Outreach Programs. (1) The Executive Director of CITY will implement all federal requirements, including those stated in Attachments A through F, which are incorporated as though fully set out herein for all purposes. (m) In accordance with 23 CFR 200.1, CITY shall develop procedures for the collection of statistical data (race, color, religion, sex, and national origin) of participants in, and beneficiaries of Sate highway programs, i.e., relocatees, impacted citizens and affected communities; develop a program to conduct Title VI review of program areas; and conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels. TxDOT, in accordance with federal law, may conduct compliance reviews by TxDOT's OCR. (n) CITY will comply with 49 CFR 26.29 as stated in Attachment F. (6) In the event there is a disagreement between TxDOT and CITY about the implementation of the TxDOT DBE Program by CITY the parties agree to meet within ten (10) days of receiving a written request from the other party of a desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any disagreement as efficiently as is reasonably possible in consultation with FHWA. Non - compliance by CITY can result in restitution of federal funds to TxDOT and withholding of further federal funds upon consultation with FHWA. (7) This Memorandum of Understanding becomes effective upon execution by all parties and automatically renews each year unless a party notifies the other parties of its intent to terminate the agreement. (8) If this Memorandum of Understanding is terminated for any reason, CITY will be allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program, without being deemed non- compliant with 49 CFR Part 26. (9) This Memorandum of Understanding applies only to projects for which CITY is a sub - recipient of federal funds through TxDOT. CITY may also implement a Minority and Women -Owned Small Business Enterprise (MIWISBE) policy and program that applies to projects for which it is not a sub-' recipient of federal funds through TxDOT and which are not subject to the TxDOT DBE Program. CITY may, at its option, use some aspects of the TxDOT DBE Program and other similar programs in implementing its DBE/MOU 5/28110 _ wage 3 of 6 other policies and programs for its non - federally funded projects. (10) The following attachments to this Memorandum of Understanding are also incorporated as if fully set out herein for all purposes: Attachment A - FHWA Memorandum HCR- 11HIF -1 (relating to access required by the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973); Attachment B - SPECIAL PROVISION — Local GovernmentiCDA/RMAJNon- Standard Contracts Attachment C — 49 CFR §26.13 (contractual assurances) Attachment D — DBE Program Compliance Guidance for Local Government Agencies Attachment E — FHWA Form 1273 Attachment F — Texas Department of Transportation (TxDOT) Disadvantaged Business Enterprise (DBE) Program with attachments as follows: Attachment F 1 — DBE Regulations: 49 CFR Part 26 Attachment F 2 — DBE Special Provisions 000 -461 Attachment F 3 — TxDOT's Organizational Chart Attachment F 4 — Measurement and Payment Special Provision 009 -007 Attachment F 5 — Texas Unified Certification Program (TUCP) DBE directory example and website address to the directory Attachment F 6 -- DBE Goal Methodology Attachment F 7 — DBE Bidder Certification Attachment F 8 — DBE Joint Check Approval Form Attachment F 9 — TUCP Standard Operating Procedures (SOP) Attachment F 10 — TUCP Memorandum of Agreement (MOA) Attachment F 11— Forms list (11) The following procedure shall be observed by the parties in regard to any notifications: (a) Any notice required or permitted to be given under this Memorandum of Understanding shall be in writing and may be effected by personal delivery, by hand delivery through a courier or a delivery service, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the proper party, at the following address: THE CITY OF CORPUS CHRISTI: DBE/MOU 5/28/10 Hand Delivery: City of Corpus Christi Attn: Angel R. Escobar, City Manager City Hall Bldg, 5th floor 1201 Leopard Street Corpus Christi, TX 78401 Registered or Cert f ed Mail (Return receipt requested): —112gE 4 of 6 City of Corpus Christi Attn: Angel R. Escobar, City Manager 1201 Leopard Street Corpus Christi, TX 78401 Or City of Corpus Christi Attn: Angel R. Escobar, City Manager PO Box 9277 Corpus Christi, TX 78469 -9277 THE TEXAS DEPARTMENT' OF TRANSPORTATION: TEXAS DEPARTMENT OF TRANSPORTATION DBE Liaison Office of Civil Rights Address: 125 E. 1 lth Street Austin, Texas 78701 (b) Notice by personal delivery or hand delivery shall be deemed effective immediately upon delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or certified mail shall be deemed effective three (3) days after deposit in a U.S. mailbox or U.S. Post Office, provided notice is given as required by Paragraph (a) hereof. (e) Either party hereto may change its address by giving notice as provided herein. (12) This Memorandum of Understanding may be modified or amended only by written instrument, signed by both CITY and the Texas Department of Transportation and dated subsequent to the effective date(s) of this MOU. Except as authorized by the respective parties, no official, employee, agent, or representative of the parties has any authority, either express or implied, to modify or amend this MOU. (13) The provisions of this MOU are severable. If any clause, sentence, provision, paragraph, or article of this MOU, or the application of this MOU to any person or circumstance is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not impair, invalidate, nullify, or otherwise affect the remainder of this MOU, but the effect thereof shall be limited to the clause, sentence, provision, paragraph, or article so held to be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph, or article to other persons or circumstances shall not be affected; provided, however, CITY and TxDOT may mutually agree to terminate this Memorandum of Understanding. (14) The following provisions apply in regard to construction of this MOU: (a) Words of any gender in this MOU shall be construed to include the other, and words in either number shall be construed to include the other, unless the context in this MOU clearly requires otherwise. (b) When any period of time is stated in this MOU, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, DBE/MOU 5f2 f l Q —1 2 e-5 of 6 Sunday, or national holiday, or state or county holiday, these days shall be omitted from the computation. All hours stated in this MOU are stated in Central Standard Time or in Central Daylight Savings Time, as applicable. (15) This Memorandum of Understanding shall not be construed in any way as a waiver by the parties of any immunity from suit or liability that parties may have by operation of law, and the parties hereby retain all of their respective affirmative defenses. EXECUTED in four originals by TxDOT and CITY, acting through each duly authorized official and effective on the latest date signed. The signatories below confirm that they have the authority to execute this MOU and bind their principles. TEXAS DEPARTMENT OF TRANSPORTATION CITY OF CORPUS CHRISTI By: Amadeo Saenz, Jr. P.E. Executive Director By: Angel R. Escobar City Manager Date: Date: This copy of the MOU is not an executed copy and is being used here only as an attachment to the resolution of the City of Corpus Christi. Therefore, this copy of the MOU is without signatures and without attachments. DBE/MOU 5128110 —1 2Sge 6 of 6 14 AGENDA MEMORANDUM AGENDA ITEM: June 29, 2010 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 ReimbursementAgreement, 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: aff recommends approval of the motion and ordinance as presented. (04.1 \-/Z Juan Perales, J . P.E. Assistant City anager 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 I Ordinance WOEVELOPMENT SERVICESWARTIC1PATION AGREEMENT1OSO RIVER ESTATESIWATERLINE REIMBURSEMENT1COUNCIL AGENDA MEMO.DOC -133- 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 11: DEVELOPMENT SERVICESIPARTICIPATION AGREEMEIMOSO RIVER ESTATESIWATERLINE REIMBURSEMENTLCOUNCIL AGENDA MEMO BACKGROUND.DOC Mites {U. O2875 O. i Legend L PLANNING. CITYLIMITS N 6 Creatwn O.1l: pfrfOr27O9 Pnnt►p Dkc oinA2a0p Flt HiPLN_DfR►gMARET IGSPrcjet#7I/AtgueMmpuseci River Hlll Ed PrePend Ety iG48 Sawa: Cfy of Carpus CMAf Dye:merit of Devekvei t Services LOCATION MAP • E7��BIT B si �s, kjgC Sal .,�� ;141, 6 EXHIBIT C PTEi9of2 n7s4 k1.216 tjgE 6 e .,"•) a (s) 4 s. PAPS :S"-Witt at iv-, 3313% E ,.1 .r.,-( 1; 1' -6, — If 01 V :"Flr■ E il L. . Fi t„ :1 7. Zn jj. 1 :: --a m ........ 11 F.. i 4 - - ....,,L., fr ? to ‘.1 ,- , •Vf j1 :0,1,: .,. - __---- , ./.---- ,-- 1 I ! t, _/ L _ ..--.. ; ..-----, ■ ‘ 1 i \ ,-- 1 •, ..--' -- „, 1- 11 ...- i 1 • F Ar / bne--e- , ;pLu* n 1 j • ) e) .w-67; •5 - Z ' . 1 1 ..t , • ., I 0-0 - . 4 \ -: V 1 i •. - ' ■. . -- = . . 2--'.-.-.r,:c.-. r .-.'- ,7,, ,,'.,..-'_r...' .,f . . .k, . - :.k•.'.3- V. . .-' . ■ 11, 1 Ii Ilg ; t Hi 1 ii 1;01; 't ..z.ze.-1., n.-5 •(' 1 ■7'^ I I[fi •r- 61 .=.7g ;,-; .7..1 F •-■••• ..... , i ,1 1 I 1 LI Z g a: :-.• ....: :\ - -i ...4i ,,•,iLI.E ',.....1 -.t. '2•35P - 04 ' il: ' _ 4 kr i 0 F' •_:- _ PA 34-E.-. 7--r-z.,...j., • ,i-▪ j*. 1 SSED 0 Cln r, ' = "h..•-tir 5 _ ---.'.-. .. a -.. --' _::• ••- 7 _- _ — .L-z .-1 1_. -- gk. a - ,z : r ,J a iAg . i 2 l '[ :■ I ) ---C11 '4b . — — — : , .r; 1 7 • ! : . : _ L •L .6 • 1 ? / I TFtl-tH -'.:-..'.75,::rT,'''.1 1.•Z ■:, ; . r ( ! 'MS rz. .i.:t:: O„ • -d ...6-1. ' — 2 3, EXHIBIT C PiliCyp-of 2 tol g t 1,1 ••■• IR •■• ILLY ki 17; ENtElIT D ;P40I. t.l ,Y AVE 1 RR :!Tissid =,‘,! =044-14).t of, ‘-nAtifiT a. . .7irETTErd DR: ,'dICIFTT J 050 RIVER ESTATES BLK 4, LOT 1 WATER IMPROVEMENTS PRELIMINARY COST ESTIMATE 09022- PCE•REIMB.xis 6/2212010 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1, 30" TAPPING SADDLE WITH 12" TAPPING GATE VALVE W/BOX 1 EA 3,000.00 3.000.00 2. 12" PVC PIPE 3777 LF 45.10 170,342.70 3. 12" DIP WITH RESTRAINED JOINTS 160 LF 100.09 16,000.00 4. 12" GATE VALVE W/BOX 6 EA 1,900.00 11,400.00 5. 12" X 8" REDUCER, MJ 1 EA 400.00 400.00 6. 12" TEE, MJ 3 EA 475.00 1,425.00 7. 12" 45° EL, RESTRAINED JOINTS 4 EA 750.00 3,000.00 8. FH ASSEMBLY 3 EA 2,900.00 8,700.00 9. 8" TAPPING SADDLE W18" TAPPING GATE VALVE W /BOX 1 EA 1,000.00 1,000.00 10. 6" GATE VALVE W/BOX 3 EA 675.00 2,025.00 11. 6" 90° EL, MJ 3 EA 290.00 870.00 12. 6" X 30" PVC PIPE NIPPLE 9 EA 225.00 2,025.00 13. PAVEMENT PATCHING 1 LS 2,000.00 2,000.00 TOTAL WATER CONSTRUCTION 10% ENGINEERING, TESTING & BONDS TOTAL $222,187.70 $22,218.77 $244,406.47 Water Distribution System acreage fee Credit S21,325.50 TOTAL REIMBURSEMENT $223,080.97 E4IIT E APPLICATION FOR WATERLINE CREDIT We, Gladys Mattie Smith and The Frost National Bank. as Co- Trustees of the Gladys Mattie Smith Marital Trust: 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 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. $244.406.47 is the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. By: CIA 1 Gladys Mafi$ie Smith, Individually, and (Date) As Co- Trustee of the Gladys Mattie Smith Marital Trust THE SI'ATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on a Ne - J..a / , 2010, by Glad .fthe Gladys MVlattie Smith v1arital Trust. By: 9r••• ..�9T LINDA J. HUNTINGTON Notary Public STATE OF TEXAS My Comm. Exp. 09.02.2013 Ronald G.'McGee, Vice President, On Behalf of the Frost National Bank As Co- Trustee of the Gladys Manic Smith Marital Trust Notary tibli in and for th State of Texas (a /9.) 10 ( Ddte) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on c7lQl , 2010, by Ronald G. McGee, on behalf of the Frost National Bank, as Co-Trustee of the Gladys Manic Smith Marital Trust. LINDA J. HUNT1NGTON Notary Public STATE OF TEXAS My Comm. Exp. 0942.2013 Notary Public in and for th tate of Texas EXHIBIT F _1l9 of 2 By: Nr , • COY r / /t Patricia Peterson Nuss THE STATE OF TEXAS COUNTY OF NUECES Date This instrument was acknowledged before me on V t , 2010, by JUANA JEAN BARTON MY C ommis s ion Expires June 3, 2013 Notary Public in and for-t e State of Texas Chris Ann Peterson Brown THE STATE OF TEXAS COUNTY OF NUECES § Ite) This instrument was acknowledged before me on 1) , 2010, by n Peterson Brown. JUANA JEAN BARTON My Commission Expires June 3. 2013 Z f rx•?n a�� -' L� v Notary Public in and fade State of Texas CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of $21 3� 25.50 is herewith approved. Juan Perales, Jr., P.E. Development Services Engineer EXHIBIT F EiN.q 2. of 2 (Date) APPLICATION FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT We, Gladys Mattie Smith and The Frost National Bank. as Co- Trustees of the Gladys Mattie Smith Marital Trust; Gladys Mattie Smith; Patricia Peterson Nuss: and Chris Ann Peterson Brown, owners and developers of proposed Oso River Estates, Block 4, Lot l subdivision, hereby request reimbursement of $223,080.97 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 $244.406.47 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. By: Ro Q :;f /� _ I. .,... - ,)i -/0 Gladys Matti Smith, Individually, and (Date) As Co-Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on by 00... LINDA J. HONT! _� Notary Public * STATE OF TEXAS � +¢ My Comm. Exp. 09-02.2043 By: -54 Lind ee of the Gladys Mattie Smith Marital Trust. 'l�: Notary Pu Itc Ronald G. McGee, Vice President, On Behalf of the Frost National Bank As Co- Trustee of the Gladys Ivlattie Smith Marital Trust THE STATE OF TEXAS § COUNTY OF NUECES § and for the ( ate) tate of Texas , 2010, This instrument was acknowledged before me on ;7.4/„;e 7J,p� , 2010. by Ronald G. McGee, on behalf of the Frost National Bank, as Co- Trustee of the Gladys Mattie Smith Marital Trust. LINDA J. HUNTINGTON Notary Public STATE OF TEXAS my Comm Exp, 09- 02 -20 '13 t > Public 'r and Notary for the Stale of Texas EXHIBIT G — Efi,tE1 of 2 /1. By: Patricia Peterson Nuss THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on By JUANA JEAN BARTON My Commission Expires June 3, 2013 NI, Nor Chris Ann Peterson Brown THE STATE OF TEXAS COUNTY OF NUECES § , 2010, ublic in and far the State o This instrument was acknowledged before me on by Chris Ann Peterson Brown. JUANA JEAN BARTON My Commission Expire s June 3, 2013 ( ate) DA Nota Public in and for the State of Texas , 2010, CERTIFICATIOP The information submitted with this application for reimbursement has been reviewed and determined to be con-ect. 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 Pi 2 of 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 Gladys Mattie Smith and Frost National Bank, as Co- Trustees of the Gladys Mattie Smith Martial Trust, and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78401 (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 Encinai 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, Block4; WHEREAS, 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 Owners 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 )01. }(4), and such funds are fully available in, and are appropriated; and EXHIBIT H El 1of21 WHEREAS, Owner has submitted an application for reimbursement of the costs of installing the waterline and an application for waterline credit, see Exhibit 2 (attached and incorporated); NOVV, THEREFORE, in order to provide a coordinated waterline construction project, the City and Owner agree as follows: 1. REQUIRED CONSTRUCTION The Owner shall construct the 12 -inch waterline improvements, in compliance with the City's Platting Ordinance and under those certain plans and specifications for Improvements to Oso River Estates Lot 1, Block 4 (17 sheets) approved by the Development Services Engineer on May 21, 2010, as described on the coversheet to such plan and specifications set forth on Exhibit 3 (attached and incorporated). 2, PLANS AND SPECIFICATIONS a. The Owner has contracted with a professional engineer, acceptable to the City's Development Services Engineer, to prepare the approved plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design, as supplemented and further described in the plans and specifications: (1) Install 3,777 linear feet of 12 -inch PVC pipe. (2) Install 1 (one) 30 -inch tapping saddle with a 12 -inch gate valve. (3) lnstall 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 and have been approved as such. c. Before the Owner starts construction any modifications or changes to 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. Owner shall be responsible for the required acreage fees and pro -rata fees as required by the Platting Ordinance and shall receive a credit from the City of Corpus Christi for such fees in accordance with the application for waterline credit, see Exhibit 2. EXHIBIT H EiRE5Zof 21 5. OWNER AWARD CONTRACT FOR IMPROVEMENTS. Owner shall award a contract and complete construction of 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. 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 Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly, but in any case at least monthly. 8. DEFAULT. The following events shall constitute default: a. Owner 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. Owner'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. Owner 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. Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Owner'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 Owner 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. EXHIBIT H pfltpof21 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 Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Owner, at the address stated above, of the need to perform the obligation or duty, and should Owner 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 Owner by reducing the reimbursement amount due Owner. e. In the event of an uncured default by the Owner, 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 Owner under this Agreement and charge the cost of such performance to Owner. Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Owner receives notice of the cost of performance. In the event that Owner 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 Owner 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 (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the EXHIBIT H Pof 21 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. 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 address for such party set forth above and to the following address: 1. If to the Owner: Gladys Mattie Smith Martial Trust Gladys Mattie Smith Patricia Peterson Nuss Chris Ann Peterson Brown c/o Frost National Bank 802 N. Carancahua, Suite 200 Corpus Christi, Texas 78470 2. If to the City: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mali, Certified, Return 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. Owner'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 BOND. Owner shall require its contractor for the construction of the project, before beginning the work, to execute with Owner and the City a performance bond if the contract is in excess of $100,000. The performance EXHIBIT H P15 cif 21 bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Owner shall cause Owner's contractor to fully warranty the workmanship of and function of the 12 -inch waterline improvements 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. The City will reimburse the Owner 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 Owner 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. Owner 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 shall be 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, but at least monthly in compliance with the reimbursement payment schedule. d. In the event that this Agreement is terminated by the City due to Owner's default after notice and the Cure Period and at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Owner 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 Owner. 16. INDEMNIFICATION, Owner 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 12 -inch waterline improvement construction. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Lots 9, 10, 11, 22, 23, 24, 25, 26 and 27, Section 28, Flour Bluff and Encina! Farm and Garden Tracts, to be platted as Lot 1, Block 4, Oso River Estates, a subdivision in Nueces County, Texas, and shall 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 Owner's successors or assigns. EXHIBIT H WI:WI-of 21 18. DISCLOSURE OF OWNERSHIP INTERESTS, Owner 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. 19. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner, 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 _Iii 7 of 21 Gladys Matti, Smith, as Trustee of Gladys Mattie Smith Martial Trust THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 3� ue l , 2010 , by Gladys Mattie Smith, as Trustee of the Gladys Mattie Smith Martial Trust. LINDA J. HUNTINGTON Hatbry Public STATE OF TEXAS My Comm. Exp. 09-02.2013 / 41 . 1 ■� .tviardi Notary " ublic, State Texas ito4,4161/41, (,)( Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Trustee of the Gladys Mattie Smith Martial Trust THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 0-7,j ,� l , 2010 , by Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Trustee of the Gladys Mattie Smith Martial Trust 1" LINDA J. HUNTING TON *,!♦t. * Notary Public ■ `10 - STATE OF TEXAS c. My Comm Exp. 09- 02.2013 Notary ublic. Stat f Texas EXHIBIT H EAA9 8 of 21 Gladys Mattie Smith THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Gladys Mattie Smith. , 2010, by THE STATE OF TEXAS § COUNTY OF NUKES § Patricia Peterson Nuss This instrument was acknowledged before me on Patricia Peterson Nuss. JUANA JEAN BARTON My Commission Expires June 3, 2013 1 Z� 1 2010, by tary Public, tate of Texas EXHIBIT H PF19of21 THE STATE OF TEXAS § § COUNTY OF NUECES § Chris Ann Peterson Brown JUANA JEAN BARTON My Commission Expires June 3, 2013 4 This instrument was acknowledged before me on Chris Ann Peterson Brown. , 2010, by Notary Public, State a# Texas EXHIBIT H PA9gd Q of 21 IV: 919 OS 01 4008: !NM rois IstEisi Id 441 a 3 gliT ;ia5 ! °1I_ iliS ti v F2 G g EXHIBIT 1 EXHIBIT H I:2105E41j of 21 ir.A.A•C Q 35V .0 ..-- . - ---/___- — — -• - - ,, ......., -. - _ _ --- - ---- • ..7...,-• / P4t 6 ,./"---... ...' ...- N. i • 1 '...g. " .--- . f ..-, I ':' / 0.. 01 ,._.--•."' „0,.......,.....,F,--- ---------____ ..., _iF,j .„,.; -.. ---...7...1.' ' , 441 i 4 AI , 1 7-v''. __- -- - .■: - ........._._,,,- . ,. _____ _ ___..-------- - -.■ ; I i fl j _.• •-' i ,..,,...1 L..! ! .'; • • - - . g Xi 5.!. 7, ' i _ = i '1 ../1--h«i_l: I r ,7; !-.' OL. ..51 -•-is. ..-Im-rt- ' ..- -•-•.-- .•-,- -,.-__ 24 1 I IPC.„7 .- —2 -'t' - - --1_-_-- - 1-- frIt7 -1 i ;_ ! 1,, -._. ■ A .2? '' • ,.7 F' -o -s :liWig abfifi .413: LDS al •"; EXHIBIT 1 EXHIBIT H pLkgg (:)f 21 APPLICATION FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT We, Gladys Mattie Smith and The Frost National Bank, as Co- Trustees of the Gladys Mattie Smith ARarital Trust: Gladys Mattis: Smith; Patricia Peterson Nttss: and Chris Ann Peterson Brown, oLVncrs and developers of proposed Oso River Estates, Block 4, Lot 1 subdivision, hereby request reimbursement of $223,080.97 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 $244,406.47 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting docuinents attached herewith. By: fJ ALl_Sti -� iW4L -:. "IYWL V ^pl�I� Gladys Mauio Smith, Individually, and (Date) As Co- Trustee dine Gladys Mattie Smith Marital Trust TI IE STATE OF TEXAS COUNTY OF NUECES by § This instrument was acknowledged before me on —3-qp e F II , 2010, ee of the Gladys Mastic Smith Marital Trust, By: LINDA J. HI)NTINGTON Notary Public STATE OF TEXAS My Comm. En,. O9.O2 -2013 Notary Pu Ronald G. McGee, Vice President, On l3ehal f of the Frost National Rank As Co- Trustee of tltc Gladys Mattie Smith Marital Trust TIM STATE OF TEXAS § COUNTY OF NUECES § and for the � b ( ate) tate of Texas This instrument was acknowledged before me on Jut,u.e ;,%j d} , 2010, by Ronald G. McGee, on behalf of the Frost National Bank. as Co- Trustee of the Gladys Mattie Smith Marital Trust. UNDAJ. HUNTINGTON Notary Pubic STATE OF TEXAS my Comm. Exp. OS-02-2013 �yil•!J'!►hru� Notary Public it and for the State of Texas EXHIBIT 2 EXHIBIT H PA3 3of21 By: y- r'/ G fe'' �. 6 7' ]--� - -- .41 e •� Patricia Peterson Nuss ( THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on i By: JUAHA JEAN BARTON My Commission Expires June 3, 2013 =14,, - Notary;- in and for the State ofTexas l -1 2010, L. -.- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Chris Ann Peterson Brown. ;dr� JUAHAJEAN BARTON ip My Commission Expires June 3, 2013 Notai" Public in an CERTIFICATION for the State of Texas , 2010, The information submitted with this application for reimbursement has been reviewed and determined to be coii'ect. 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 2 EXHIBIT H PAw. of 21 APPLICATION FOR WATERLINE CREDIT We, Gladys Mattie Smith and The Frost National Bank, as Co-Trustees of the Gladys Manic Smith Marital Trust: 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 apply for $2 1,325.50 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: 4 - Gladys Mat 'e Smith, individually, and (Date) As Co- Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on f , 2010, by Glad .f the Gladys Mattie Smith Marital Trust. By: LINDA J. HUN INGTON Na ti/ Public STATE OF TEXAS My Comm. Exp. 09.02.2013 444/04_, Notary tVub1iet in and for th State of Texas Ronald G. cGee, Vice President, On Behalf of the Frost National Bank As Co- Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS § COUNTY or- NUECES (vl'-) / [D (D te) This instrument was acknowledged before Inc on a �� ��J. , 2010. by Ronald G. McGee, on behalf of the Frost National Bank. as Co-Trustee oldie Gladys Mastic Smith lviarital Trust. LINDA J. HUNTINGTON Notify public STATE OF TEXAS My Comm. Exp. 09-02-2013 Notary Public in and for they - tate of Texas EXHIBIT 2 EXHIBIT H PAVg$15 of 21 By' `f.. / / lCY•L3 r l -.� �. f.1 e� CGJ (1.1 Patricia Peterson Nuss THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on JUANA JEAN BARTON My Carnrtrpsslon Explrss June 3, 2013 Date) Dc W L,r ,2010, by • Notary` Public in and for -t to State of Texas By: Chris Ann Peterson Brown THE STATE OF TEXAS § COUNTY OF NUKES § This instrument was acknowledged before me on n Peterson Brown. JUANA JEAN BARTON MY Commission Expires June 3, 2013 Notary e.-/p Date) ,2010. by .iblic 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 Perates, Jr -, P.E. Development Services Engineer EXHIBIT 2 EXHIBIT H PA4Et 06.of 21 (Date) 0 MQM 7 mg g f>^ p f t D S S t s 7: s s` ! 1 k'7' s �; t Of] M V{J IL DUI P1-11 0 � J Fj foul faq (1 Di 0 n� l ca rig g-P MI M L2A (67 � T if f t MI u! ,i f4 i�rl4 f ; 6 F ff fi e -'ihi' f' €}�1 _- �t} €1 :i Si' - T7k171. li ii7T Td`![ "rr�1 S Y f 4 f ,D11-111!,0i - il I4:54rs!f =71: EXHIBIT 3 EXHIBIT H _17 of 21 OSO RIVER ESTATES BLK 4, LOT 1 WATER IMPROVEMENTS PRELIMINARY COST ESTIMATE 09022- PCE- RE!MB.xis 6/417010 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 30" TAPPING SADDLE WITH 12" TAPPING GATE VALVE WIBOX 1 EA 3,000.00 3 000.00 2. 17 PVC PIPE 3777 LF 45.10 170.342.70 3. 17 DIP WITH RESTRAINED JOINTS 160 LF 100.00 16.000.00 4. 17 GATE VALVE W/BOX 8 EA 1,900.00 11.400.00 5. 12" X 8` REDUCER. MJ 1 EA 400.00 400.00 6. 17 TEE, MJ 3 EA 475.00 1,425.00 7. 12' 45° EL, RESTRAINED JOINTS 4 EA 750.00 3,000.00 8. FH ASSEMBLY 3 EA _2,900.00 8,700.00 9, 8" TAPPING SADDLE W/8" TAPPING GATE VALVE WIBOX 1 EA 1,000.00 1.000.00 10. 6" GATE VALVE WBOX 3 EA 675.00 2,025.00 11. 6" 90° EL, MJ 3 EA 290.00 870.00 12. 6" X 30' PVC PIPE NIPPLE 9 EA 225.00 2,025.00 13. PAVEMENT PATCHING 1 LS 2,000.00 2,000.00 TOTAL WATER CONSTRUCTION 10%ENGINE> RSNG, TESTI G& BONDS TOTAL 2222,187.70 $22,218.77 $244,406,47 Water Distribution System acreage fee Credit 521,325.50 TOTAL. REIMBURSEMENT 5223,080.97 EXHIBIT 4 EXHIBIT H PLNygis of 21 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Lily of L-Yrpr (hpi.Ii, r \,as Ucr,Itrr.cnl •,f fh..•Ie m.'.r y-rtu:s F' U ISu. 42:: Capnsllour, roca9 78789 -4'7: 136: r126-3.2-10 I.ni JIv a1. ?aq(. I-rtp.J Srci IC NOn .J l -co arJ Si .nd Foot AIL.; City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered- If the question is not applicable. answer with 'NA ". FIRM NAME Gladys Mattie Smith Marital Trust STREET: $02 N. Carancahua, Ste. 200 CITY: Corpus Christi TX FIRM is: 1. Corporation 5. Other X - Trust 2. Partnership 3. Sole Owner ZIP: 78470 4, Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an `ownership Interest" constituting 3% or more of the ownership in the above named "firm ". Name - Board, Commission or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "fine ". Name Consultant NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ronald McGee. VP Frost National Bank, Co-Trustee, Tice: Vice President Gladys Wattle Smith Mal Trust r{ Signature of Certifying Person: EXHIBIT 5 EXHIBIT H Pi4 %&219 of 21 Date 6/1J/15 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City or Carpus (hrisii, Teur Dep ninem or Deveopmeat Bemires P.O. Box 9277 CoR �s CiUisti, Tom 73769.9277 [36I]3I6.3I47 Lec.xrd U- 2106 I.ei:¢aid Svc lcamer or Lrcpud Si and Pon AtrS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wish the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA'. FIRM NAME Gladys M. Smith STREET: 4938 S. Staples, Ste. C2 CI'T'Y: Corpus Christi. TX ZIP: 78411 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner XXX 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ", Name Job Title and City Department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ", Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee NA 4. State the names of each employee or officer of a "consultant" forthe City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant NA CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Gladys M. Smith Title: (Type or Print) (�I Signature of Certifying Person: f� �] Date: l ill 1 / / U EXHIBIT 5 EXHIBIT H PAt a of 21 ie6 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or frms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA'. FIRST NAME: / �� t i� �ti -a �. 5:�,l ,s i l�• r�;r Aria 461-1~l STREET: I J e"x f)'.? CITY: ZIP: /174? FIRM IS: 01 Corporation 02- Partnership 03. Sole Owner 04. Association 05, Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee' of the City of Corpus Christi raving an 'ownership interest' constituting 3% or more of the ownership in the above named 'firm ". Name Job Title and City Department (if known) 2. State the names of each 'official' of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm'. Name Title 3. State the names of each 'board member" of the City of Corpus Chrisli having an 'ownership interest' constituting 3% or more of the ownership in the above named 'firm. Name Board, Commission, or Committee 4. State the names of each employee or officer of a `consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest' constituting 35 or more of the ownership in the above named 'firm'. Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occu , Certifying Person: 1 a -I ii c :.{ -- ! 3•fr. 's-� GS), ! _ •� ,, Al P. ! L4 tA'- =' --Title: a. JAN)" {Type or P int) -? c. c. -,: /' ] Signature of Certifying Person:• -. �f -: r 4 ZC i.ar 7- ". Jr fiLlei 7?% "date: (/: /i r4`; EXHIBIT 5 EXHIBIT H x,_21 of 21 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 form: June 22, 2010. By: Deborah Walther Brown Assistant City Attorney For City Attorney Joe Adame Mayor EXHIBIT 1 2q t1 of 2 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 EXHIBIT 1 PAFiy_of2 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 29, 2010 SUBJECT: Technical Construction Boards, Building Code Board of Appeals, decreasing members term of appointment from four years to two years. AGENDA ITEM: AMENDING, THE CODE OF ORDINANCES SECTION 14- 226(a)(2)b "TERMS ", REGARDING THE BUILDING CODE BOARD OF APPEALS, A TECHNICAL CONSTRUCTION BOARD, BY REVISING THE LANGUAGE TO DECREASE THE MEMBERS' TERM OF APPOINTMENT FROM FOUR (4) YEARS TO TWO (2) YEARS, TO BE APPLICABLE TO ALL FUTURE APPOINTMENTS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. ISSUE: Considering that the applicable portion of the Code of Ordinances, Section 2 -67 "Limitations on Appointments ", provides that No person may serve as a voting member of a board, commission, or committee of the city for a period longer than six (6) years consecutively ..." the present four (4) year term of appointment limits service of the members to one full term. This amending ordinance provides that new members be appointed to two (2) year terms instead of four (4) year terms, thereby allowing existing members appointed to a four -year term to serve an additional two -year term and new members to serve up to three, two -year terms. The remainder of Section 14- 226(a )(2)b "Terms" remains the same and provides that the terms shall be staggered so that no more than three (3) terms expire in any calendar year. The term of each member shall continue until his successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any member of the board may be removed by the city council for cause. A vacancy shall be filled for the unexpired term in the same manner in which original appointments are required to be made. Absence of any member from regular meetings of the board shall be cause for removal from office in accordance with the City Code of Ordinances. REQUIRED COUNCIL ACTION: Consideration of the amendment to the ordinance. PREVIOUS COUNCIL ACTION: Section 14 -226 was last amended on January 23, 2007, CONCLUSION AND RECOMMENDATION: The Building Code Board of Appeals and City staff recommends approval. Juan Perales, Jr., P.E. Assistant City Manager for Engineering and Development Services JohnnvP @cctexas.com 361.826.3828 ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 14, SECTION 14- 226(a)(2)b, ENTITLED "TERMS," REGARDING THE TERMS OF APPOINTMENT OF MEMBERS OF THE BUILDING CODE BOARD OF APPEALS BY REVISING THE LANGUAGE TO DECREASE THE MEMBERS' TERM OF APPOINTMENT FROM FOUR (4) YEARS TO TWO (2) YEARS, TO BE APPLICABLE TO ALL FUTURE APPOINTMENTS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14-226(a)(2)b, entitled "Terms," of the Code of Ordinances is amended to read as follows: 'Sec. 14-226. Technical construction boards. "(a) Building code board of appeals. "(1) Appointment. There is hereby established the building code board of appeals, which shall consist of seven (7) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and/or the building code engineer. "(2) Membership and terms. "a. Membership. The building code board of appeals shall be composed of one (1) architect, one (1) general contractor, one (1) engineer, three (3) members at large from the building industry and one (1) member not connected with the building industry. "b. Terms. Members shall be appointed for terms of four (4) years. Effective June 29, 2010, all new appointments of members shall be for a term of two (2) ears. Terms shall be staggered so that no more than three (3) terms expire in any calendar year. The term of each member shall continue until his successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any member of the board may be removed by the city council for cause. A vacancy shall be filled for the unexpired term in the same manner in which original appointments are required to be made. Absence of any member from regular meetings of the board shall be cause for removal from office in accordance with the City Code of Ordinances." SECTION 2. The amendment of this section does not serve to nor affect the term of appointment of any current member appointed to the Building Code Board of Appeals. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: June 22nd, 2010 eborah Walther Brown Assistant City Attorney for the 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. Ilwe, 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 16 NO ATTACHMENT FOR THIS ITEM 17 NO ATTACHMENT FOR THIS ITEM 18 NO ATTACHMENT FOR THIS ITEM 19 Requested Council Action: 6/29/10 Alternate Date: 7/06/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a compressed natural gas (CNG) fuel dispenser and associated equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0115 -10, based on low bid, for a total amount of $354,443.00. The CNG fuel dispenser and associated equipment will be used by all departments utilizing CNG vehicles. Funding for the purchase of the CNG fuel dispenser and associated equipment is budgeted and available in the Gas Grants Fund No. 1053. Gas Equipment Systems Rancho Cucamonga, CA Items 1,3& 4 $277,943.00 Grand Total: $354,443.00 Allied Equipment Odessa, TX Item 2 $76,500.00 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: Bid Invitations Issued: Bids Received: Award Basis: On January 12, 2010, City Council approved acceptance of the Alternative Fuels Project grant in the amount of $400,000 from the State Energy Conservation Office (SECO) with a minimum in -kind match of 20% from the City. These funds were designated for the expansion of the existing natural gas vehicle refueling station located near the City's Vehicle Service Center at 2525 Hygeia Drive. Of note is the fact that only fourteen governmental entities in Texas were chosen to receive a share of the Alternative Fuels Project grant funding. The refueling station will provide more ready access to CNG by allowing fueling after hours and will add the capacity necessary for the expansion of the City's CNG vehicle program. The Gas Department will provide the in -kind match through labor, property and equipment as outlined below: Proposed labor and equipment Existing Improvements Land Value Total in -kind match $25,125.60 $27,313.00 $18,450.00 $70,888.60 Currently, the City operates thirty -one natural gas vehicles and two CNG Solid Waste refuse trucks. Expansion of the existing CNG fueling station at 2525 Hygeia will provide added convenience for existing heavy duty, large volume CNG vehicles, will provide for the efficient ingress and egress of said vehicles and will serve as an incentive for other departments to utilize CNG. Fifteen Four Low Bid —187— Required Council Action: Funding: Requested Council Action: 6/29/10 Alternate Date: 7106110 In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. This equipment was procured in compliance with the requirements therefor as provided by the State Energy Conservation Office. Gas Department Grant Fund 550040 - 1053 - 00000- 847001 $342,764.00 550090 -1053- 00000 - 847001 11 6 79,00 Total: $354,443.00 Michael Barrera Assistant Director of Financial Services E -mail: m ikeb@cctexas.com 826-3169 - a a W N Ca) N 07 0 0 N 0) 0 0 yr cft 0 v 49 W 0) 00 0 C ID z G) 7 `o' m 0c 2 m 0 n N 0[(A a-i N0 Z co 2 0v 0 C ...i c r O C 13 ro Z m go w m n b z -I C s g p 0 Q M so X 0 0 Co co a a z 0 w W 0. 00 -4 G4 In 0 v 0 z 0 0. z 0 0. 0 - m 0) 0 0 w N 0) 0 0 z 0 to a z 0 co 0 w 0) 0) 9) rn 0) oa 0 0 0 0 49 w cA W 0) 49 iv N m co 0) ka CD 0 a m Q m >m 7.1 0 G) 0 A a N oa ton a a 0 ND i - L0 La CO •1 O Q 01 -189- n 0 0 0 0 v 49 0 0 m a - m M. CD m CD 0. 0 Twin Hose Fill Posts Compressor Skid Package equipped with compressor, 4Ohp electric motor, gas recovery system, control panel and eme en shut -down stem. AS ME Compressed Natural Gas Storage Sphere Description Fuel Dispenser W N Ca) N 07 0 0 N 0) 0 0 yr cft 0 v 49 W 0) 00 0 C ID z G) 7 `o' m 0c 2 m 0 n N 0[(A a-i N0 Z co 2 0v 0 C ...i c r O C 13 ro Z m go w m n b z -I C s g p 0 Q M so X 0 0 Co co a a z 0 w W 0. 00 -4 G4 In 0 v 0 z 0 0. z 0 0. 0 - m 0) 0 0 w N 0) 0 0 z 0 to a z 0 co 0 w 0) 0) 9) rn 0) oa 0 0 0 0 49 w cA W 0) 49 iv N m co 0) ka CD 0 a m Q m >m 7.1 0 G) 0 A a N oa ton a a 0 ND i - L0 La CO •1 O Q 01 -189- n 0 0 0 0 v 49 0 0 m a - m M. CD m CD 0. 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 29, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to execute an Interlocal Cooperation Agreement with Texas Parks and Wildlife Department to receive $20,000 towards design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. B. Ordinance appropriating $20,000 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department for reimbursement of design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2009 -2010 Capital Budget adopted by Ordinance 028449 to increase appropriations by $20,000; and declaring an emergency. ISSUE: This project is the result of partnership efforts between the City, Texas Parks and Wildlife Department (TPWD), General Land Office (GLO), Texas Department of Transportation ( TxDOT), Coastal Bend Bays and Estuaries Program (CBBEP), and local businesses to reconstruct the two boat ramps (Billings and Clems) located near the JFK Causeway on the Packery Channel, This item authorizes additional funding from Texas Parks and Wildlife for design plans and specifications currently being developed. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: On September 22, 2009, Council approved the appropriation of $14,965 for minor repairs at the Billing's Bait Stand and Clem's Marina Boat Ramp. On October 27, 2009, Council authorized a second Safe Boating Access Grant to TPWD for $500,000 for Phase 11 of the reconstruction of the boat ramps and parking lot improvements, with a land match of $167,000 from the GLO and TxDOT. On November 17, 2009, Council accepted and appropriated a Safe Boating Access Grant through Texas Park and Wildlife for $500,000, with match of $167,000 from City of Corpus Christi, Coastal Bend Bays and Estuaries Program, Saltwater Fisheries Enhancement Association, and architect Robert Floyd; and, amended an agreement for professional services with URS Corporation of Corpus Christi for plan design of the boat ramps and parking lot. CONCLUSION AND RECOMMENDATION: Staff recommends acceptance of this ordinance as presented. Michael Morris, Director Parks and Recreation Department MichaelMo @cctexas.com 361- 826 -3464 Attachments: Background and Project Update —193— BACKGROUND INFORMATION The area near the John F. Kennedy (JFK) Causeway on the north side of State Highway 358 on Packery Channel contains two boat ramps that are leased to the Texas Parks and Wildlife Department (TPWD). One is next to Billing's Bait Stand and the other next to Clem's Marina. Both boat ramps provide free boat access. The boat ramps have suffered from many years of overuse and neglect to the extent that the boat ramp next to Billing's Bait Stand is in a near - unusable condition. The other boat ramp next to Clem's Marina, while usable, is not a high quality ramp. Further complicating the issue, the large access /parking lot in front of the bait stand is unpaved and floods at high tide, making it very difficult to reach the boat ramps and an area where one would not want to park a boat trailer. The Texas Parks and Wildlife's Department Safe Boating Access Grant Program provides 75% matching grant funds for the construction of public boat ramp facilities throughout Texas. Local government sponsors must make an application, provide the land, provide access to the proposed boat ramp, supply 25% of the development costs, and accept operation and maintenance responsibilities for a minimum 25 -year period. These funds are allocated annually through the federal Sport Fish Restoration Act. The City of Corpus Christi Parks and Recreation Department secured a $500,000 TPWD grant in November 2009, with a grant cash match provided by the Coastal Bend Bays and Estuaries Program ( CBBEP), Saltwater Fisheries Enhancement Association (SEA), and the City of Corpus Christi. Robert Floyd, Architect, is also donating architectural services for this project. In a second grant application, a match of land, the right of way beneath the JFK Causeway, will be provided by Texas Department of Transportation (TxDOT) and the Texas General Land Office (GLO). A professional services contract with URS Corporation of Corpus Christi provides for complete design of replacement for both the Billing's Bait Stand and Clem's Marina Public Boat Ramps with vehicle/trailer access, parking and bulkhead construction along the Packery Channel near the JFK Causeway. The proposed project will replace the deteriorated ramps with new concrete structures and piers with site improvements to implement elevation changes and new bulkhead to improve tidally influenced drainage flows and vehicle access to the ramps from the access roads. The new access and parking lots will reconstruct the current unimproved access and parking with new hot -mix asphaltic concrete (HMAC). The project also includes a new bulkhead along the north -east project boundary. All improvements will comply with the ADA Accessibility requirements. The consultant will coordinate with the project team including City, TPWD, GLO, TxDOT, CBBEP, United States Army Corps of Engineers (USACE), and local businesses. As part of the coordination, the consultant will incorporate landscaping recommendations provided by separate contract and approved by the City. PROJECT UPDATE SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) PROJECT DESCRIPTION: The overall project was phased to provide for complete replacement of both the Billing's Bait Stand and Clem's Marina Public Boat Ramps with vehicle/trailer access, parking and bulkhead construction along the Packer)/ Channel near the John F. Kennedy (JFK) Causeway. The first proposed phase of the project will replace the deteriorated ramps with new concrete structures and the construction of a new bulkhead to improve tidally influenced drainage. The next phase includes site elevation changes and improvements to reconstruct the current unimproved parking and access roads with new hot -mix asphaltic concrete (HMAC). The first phase of the design and bid documents was reviewed with key stake holders in June 2010 and is now complete to replace both boat ramps and the construction of approximatelyl86 LF of new bulkhead. The project is being advertised for construction bids and award in July / August 2010 with construction planned to begin in September 2010. The construction was coordinated with the local businesses and key stake holders to begin in September after Labor Day weekend and peak summer use. The construction is anticipated to take a total of 6 -8 weeks and allows for only one ramp closed at any one time. The project is within sensitive coastal areas. The first phase of work requires construction authorization from the US Army Corp of Engineers ( USACE) under a Nationwide Permit. The ramp replacement is approved with final approval of the bulkhead anticipated this month. The next phase for the site improvements of parking and access roads requires special approval from the USACE and will be submitted separately to the USACE for an Individual Permit". URS has submitted the application for the individual permit and approval is anticipated in the spring 2011 with construction to be coordinated with the local businesses and key stake holders. Pursuant to the authority granted and in compliance with the provisions of the "lnterlocal. Cooperation Act", Chapter 791 of the Texas Government Code, this agreement is made by and between the TEXAS PARKS & WILDLIFE DEPARTMENT and CITY OF CORPUS CSTL This Agreement is effective upon execution by the Department and will terminate the 1st day of August 2011: STATEMENT OF WORK TO BE PERFORMED: - At State Boat Ramp SBF 69-16-167-178, known as Clenfs and Billing's Boat Ramp located on Packery Channel under the 3FK Causeway in Nueces County, the City of Corpus Christi shall . complete engineered design plans and specifications and required permits and clearances to renovate the boat ramps and associated parking area. Texas Parks and Wildlife will, share in the cost of the professional services to furnish the plans, specifications and permits. - .The-Texas Parks & Wildlife Department shall make payments from current funds appropriated for the purpose. described in paragraph' above: Payment shall he billed upon completion of work, . LJNDERSIGNED PARTIES do liereby certify and ; agree - that, (1) the work specified above is nccessa y=and essential for: activities that are properly within the statutory functions_and progranms'of the .affected parties, (2) the proposed arrangements :serve the interest' of efficient and - economical administration= of_the parties, (3)_the individuals whose approval signatures are aaiixed to this agreement are-duly authorized by the governing body of each party to enter into and :execute this agreement, Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT TO RECEIVE $20,000 TOWARDS DESIGN PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS OF THE PROPERTY AT BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Texas Parks and Wildlife Department to receive $20,000 towards Design Plans and Specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. ATTEST: Armando Chapa City Secretary APPROVED , 2010 Lisa Agu Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor HA LEG- DIRL leannielLisalOrdinanoes- Resalutions1Res- Interlocal TPW .b-1 ings- Clems -doc Page 2 of 2 Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: 1LEG- DIR1JeannielLisalOrdinances- ResolulionslRes- Inter[ocal TPWD-BiIlings- Ciems.dac 1S$— Page 1 of 2 ORDINANCE APPROPRIATING $20,000 1N THE PACKERY CHANNEL CIP FUND NO. 3277 FROM REVENUE RECEIVED FROM TEXAS PARKS AND WILDLIFE DEPARTMENT FOR REIMBURSEMENT OF DESIGN PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS OF THE PROPERTY AT BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP; CHANGING FY 2009 -2010 CAPITAL BUDGET ADOPTED BY ORDINANCE 028449 TO INCREASE APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amount of $20,000 in the Packery Channel CIP Fund No. 3277 received from Texas Parks and Wildlife Department is appropriated for reimbursement of design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. The 2009 -2010 Capital Budget adopted by Ordinance 028449 is changed to increase appropriations by $20,000. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of June, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: ` ) 4 2010 7 Lisa Aguiiaf Assistant City Attorney For City Attorney H ALEG -D I RUea n n ietisalord Ina n ce s-Reso I utio n slORD -a p pr4ASil1 i ng s B a it -C le ms9aatRamp -TPw D.doc Corpus Christi, Texas Day of , 2010 Page 2of2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:ILEG- DIR'JeannielLisalord finances- Resolutions\ORC7a;AQ Billings Bait- CiemsBoatRamp- TPWD.doc 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 29, 2010 AGENDA ITEM: Ordinance appropriating $17,774.18 in the General Fund No. 1020 from revenue received from CITGO Refining & Chemicals Co., LP for landscaping improvements for median located at Gateway to Corpus Christi at 1H37 at Chaparral Street; changing FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenue and appropriations by $17,774.18; and declaring an emergency. ISSUE: CITGO agreed to sponsor and support median improvements at the Gateway of Corpus Christi (at 1 -37 and Chaparral). The Tourist District purchased the plant material, landscape block, sand, and mulch. CITGO has issued a check to the City of Corpus Christi to reimburse the City for these items as per the agreement. REQUIRED COUNCIL ACTION: Council approval is required for appropriation of funds. PRIOR COUNCIL ACTION: None. FUNDING: CITGO agreed to reimburse the City of Corpus Christi for materials used in median improvements at the Gateway of Corpus Christi (1 -37 and Chaparral). The total for these materials was $17,774.18. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this ordinance. Mic ael Morris, Dir -ctor Parks and Recreation Department 361 -826 -3464 MichaelMo cctexas.corn Attachments: Background Information Photos of median improvements at Gateway to Corpus Christi (1 -37 and Chaparral) BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department teamed up with CITGO Refining for a project designed to upgrade and provide color to an area often referred to as the "Gateway to Corpus Christi." Parks and Recreation officials and CITGO volunteers kicked off the project on October 24, 2009 on the median at IH -37 and Chaparral Street, near the Corpus Christi Bayfront. Volunteers helped build up the flower beds and put in different varieties of plants to add more color to the landscaping on the medians. In addition to donating the materials and providing the labor, CITGO volunteers unveiled a sign identifying the project. CITGO volunteers will hold periodic maintenance workdays at the site during the next year. Those involved in the project say they hoped it would prompt other groups to follow suit with similar community enhancement efforts. CITGO PROJECT MATERIALS SUMMARY FALL 2009 GATEWAY PROJECT DESCRIPTION: VENDOR: COST: Account- Fd -Org MISCELLANEOUS (TOOLS, SUNDRY HOME DEPOT 31.98 520090 - 1020 -12915 BEDDING SAND FOR BLOCKS. FOX TREE AND LANDSCAPE, INC 51.00 520130-1020-12915 LANDSCAPE BLOCK /BEDDING SAND HOME DEPOT 162.80 520130 -1020 -12915 LANDSCAPE BLOCK HOME DEPOT 41.89 520130 -1020 -12915 LANDSCAPE BLOCK KELLER MATLS, INC. SAN ANTONIO, TEXAS 5,545.20 520130 - 1020-12915 PERENNIEL PLANT MATERIAL OSO GROWERS, INC CORPUS CHRISTI, TEXAS 536.00 520130- 1020 -12915 PERENNIEL PLANT MATERIAL 05O GROWERS, INC CORPUS CHRISTI, TEXAS 2,622.00 520130 -1020 -12915 PERENNIEL PLANT MATERIAL GILL'S LANDSCAPE NURSERY CORPUS CHRISTI. TEXAS 81.77 520130- 1020 -12915 PERENNIEL PLANT MATERIAL GILL'S LANDSCAPE NURSERY CORPUS CHRISTI, TEXAS 121.37 520130 -1020 -12915 PERENNIEL PLANT MATERIAL GILL'S LANDSCAPE NURSERY CORPUS CHRISTI, TEXAS 736.66 520130- 1020 -12915 RUBALINI PLANTS - MATERIAL CONTRERAS 375.00 520130- 1020 -12915 PERENNIEL PLANT MATERIAL MORTELLARO'S, INC. SAN ANTONIO. TEXAS 1,390.00 520130- 1020 -12915 SANDY LOAM PLANTING MIX HASS RESOURCES 456.00 520130 -1020 -12915 RED MULCH HOME DEPOT 31.7. 520130- 1020 -12915 PINEBARK MULCH LETCO- ELLIOT' S AGRI- SERVTCF733450 1,755.75 520130 -1020 -12915 SANDY LOAM PLANTING MIX CoCC STREETS DEPT 1,216.00 520131-1020-12915 SANDY LOAM PLANTING MIX CoCC STREETS DEPT 2,557.40 520131-1020-12915 SOD CUTTER RENTAL HOME DEPOT 61.60 520160- 1020 -12915 TOTAL MATERIALS , 17,774.18 Account- Fd -Org Subtotal by Account 31.98 520090- 1020 -12915 520130 -1020 -12915 13,907.20 520131 - 1020 -12915 3,773.40 520160- 1020 -12915 _Q Total 17, 18 Page 1 of 1 ORDINANCE APPROPRIATING $17,774.18 IN THE GENERAL FUND NO. 1020 FROM REVENUE RECEIVED FROM C1TGO REFINING & CHEMICALS CO., LP FOR LANDSCAPING IMPROVEMENTS FOR MEDIAN LOCATED AT GATEWAY TO CORPUS CHRISTI AT IH37 AT CHAPARRAL STREET; CHANGING FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE 028252 TO INCREASE ESTIMATED REVENUE AND APPROPRIATIONS BY $17,774.18; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $17,774.18 is appropriated in the General Fund No. 1020 from revenue received from Citgo Refining & Chemicals Co., LP for landscaping improvements for median located at Gateway to Corpus Christi at IH37 at Chaparral Street, and changing FY 2009 -2010 operating budget adopted by ordinance 028252 to increase estimated revenue and appropriations by $17,774.18. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June p, 2010 Lisa Aguil.�� ssistant City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 CORPUS CHRISTI PARKS.. PFen FAT ION 6/23/2010 1 CITGO Gateway Project • CITGO — Improvement design — Over $17,700 in plant and landscape materials — Countless volunteer hours • Parks and Recreation Department — Adopt a Park Program — Tourist District Team 6/23/2610 2 Adopt -a -Park A Volunteer -Based Program For more information www.ccparkandrec.com Volunteer Opportunities' 6/23/2010 3 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 29 2010 Motion authorizing the City Manager or his designee to execute a First Amendment of the WAP assessor agreement for a cost not to exceed $400 per unit with R.E.D. Power Corporation for the assessments of determining the energy efficiency of housing units including multi- family and single family units for the implementation of the Weatherization Assistance Program. ISSUE: An assessor agreement requires execution for the implementation of the Weatherization Assistance Program (WAP) PRIOR COUNCIL ACTION: City Council approved the appropriation of funding forthe WAP on March 9, 2010. This proposed action will complement City Council action that was taken to approve for the WAP contractors on May 25, 2010. REQUIRED COUNCIL ACTION: Authorize the execution of a First Amendment to the assessor agreement with R.E.D. Power Corporation for the implementation of the Weatherization Assistance Program. CONCLUSION AND RECOMMENDATION: Staff recommends the authorization to execute a First Amendment of the assessor agreement with R.E.D. Power Corporation for the implementation of the Weatherization Assistance Program. Zds. 624, Eddie Ortega Neighborhood Services Director Eddieo @cctexas.com 361.826.3234 BACKGROUND INFORMATION The Texas Department of Housing and Community Affairs ( TDHCA) announced the expected distribution and use of $297,507,285 (amount includes all administrative funds) through the Weatherization Assistance Program ( "WAP "), which the U.S. Department of Energy ( "DOE ") is providing to the State of Texas from the American Recovery and Reinvestment Act ( "ARRA ") of 2009. The WAP is designed to increase the energy efficiency of dwellings owned or occupied by low - income persons, reduce their total residential expenditures, and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with young children, high residential energy users, and households with a high energy burden. The type of weatherization that a household may receive is contingent upon a household's income eligibility, a comprehensive assessment of the household's energy use and the availability of WAP funds. REQUEST FOR PROPOSAL (RFP) FOR ASSESSOR PROCESS A RFP for Assessor(s) was released on March 29, 2010 and was due back to NSD /CD on April 12, 2010. Two proposers submitted an RFP in a timely manner; they were TX Power Conservation and R.E.D. Power Corporation. The assessor would conduct Pre Assessments detailing the scope of work and follow up with Post Assessments after the work has been performed by the contractors. This will be conducted for each residential and multi- family unit in accordance with the National Energy Audit Tool (NEAT), DOE/TDHCA Priority List, and/or EZ Audit or whatever energy audit tool is acceptable by TDHCA. Based upon the RFP submission, TX Power Conservation was initially determined to be the most advantageous proposal but had to withdraw from consideration due to a conflict of interest. As a result, R.E.D. Power Corporation was deemed to be the best qualified in conducting the Pre and Post Assessments for the WAP. An initial funding agreement, not to exceed $48,000, was executed with R.E.D. Power Corporation on June 7, 2010, to allow the City of Corpus Christi to commence the WAP. This proposed action item will afford the City of Corpus Christi to continue the operations on the WAP in order to assist the residents of our community. COSTS PER UNIT The housing per unit cost to conduct Pre and Post Assessments will not exceed $400.00. This cost is inclusive of the maximum per unit cost of $6,500. As per the submitted Production Schedule to TONGA, the City of Corpus Christi anticipates the completion of up to 746 owner occupied and rental units by the conclusion of the WAP. AGREEMENT AMENDMENT TERM Amendment No. 1 will terminate with the completion of the WAP which has been contractually determined at August 31, 2011. CONCLUSION AND RECOMMENDATION Staff recommends the authorization to execute a First Amendment of the assessor agreement with R.E.D. Power Corporation for the implementation of the Weatherization Assistance Program. FIRST AMENDMENT TO THE AGREEMENT FOR WEATHERIZATION ASSISTANCE ASSESSMENT SERVICES — ENERGY EFFICIENCY BETWEEN THE CITY OF CORPUS CHRISTI AND RED POWER CORPORATION This amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and R. E. D. Power Corporation ( "Contractor"). WHEREAS, the City and the Contractor executed an agreement ( "Agreement') to be effective on June 7, 2010, to utilize WAP funds for energy assessment services related to a project preserving and protecting the public's health and safety; and WHEREAS, the City and Contractor mutually desire to execute this First Amendment to revise and extend the term and the number of maximum units that may be included in the project, and related and associated counterparts to those provisions, as stated in the original Agreement. Section 1. The parties mutually agree to revise and extend the term and the maximum number of units that may be subject to the Agreement by deleting Section 2 of the Agreement in its entirety and replacing it with the following language: "The period for performance of this Agreement shall commence June 6, 2010, and be in effect until August 31, 2011, unless sooner terminated under the provisions of this Agreement. In no event shall the value of services provided by Contractor under this Agreement exceed $298,400 (up to 746 units x $400 per unit, which unit value includes both a pre- and post - assessment per unit). Assignment of individual housing units is at the sole discretion of the City, and Contractor acknowledges and agrees, by execution of this Agreement, that this Agreement only provides Contractor with an expectation of payment based on the number of units assigned to and fully completed by Contractor." Section 2. In the event that any term or provision stated in the exhibits to the Agreement conflicts with the language shown above in Section 1 (amending Section 2 of the Agreement), the parties mutually agree by execution of this First Amendment that such conflicting term or provision in the exhibit, if any, is hereby superseded by the amended language stated in this First Amendment. Section 3. All terms, provisions, conditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect for all purposes. (EXECUTION PAGE FOLLOWS) —214— EXECUTED IN DUPLICATE, each of which is considered an original and made effective upon the signature of the last party executing this First Amendment, on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: CITY OF CORPUS CHRISTI `Angel R. Escobar City Manager , 2010 Elizab th . Hundley Assist rr City Attorney for the City Attorney CONTRACTOR: R. E. D. Power Corporation Printed Name: 4 4-4-4 y Title:�_.,.�.� Date: 6/.2 .p..i c ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Thislrument was cknowl ged before me on by al.h.k.e corporation, on behalf of the carp ation. (Seal) LaP Mall( Notary ublic, S ate of xas My Match Commission 09, 2011 s a ti w�2 _ , , 2010, of R. D. Power Corporation, a Texas 215— Nota ' ublic, State o -xas 23 AGENDA MEMORANDUM DATE: June 29, 2010 SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 49 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas in the amount of $335,900.00, for a total re- stated fee of $350,380.00 for the Downtown Street (Chaparral). (BOND ISSUE 2008) ISSUE_ This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Streets. Gignac Architects was selected as the design consultant for this project on December 15, 2008. The proposed Amendment No. 1 is for converting Chaparral Street into a two way street from Schatzel Street to William Street. FUNDING: Funding is available from the FY2010 Street and Utilities Capital Budget and Capital Improvement Planning Guide. Funding is also available from an Economic Development Administration (EDA) Grant if approved. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E., Director of Engineering Services 361-826-3781 petean@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Contract Summary Project Budget Location Map PowerPoint Presentation —219 -- HfHOMEWeImaP1GEN1STREET\8510 DOWNTOWN STR CHAPARRAL 61200816 NAC ARCHITECTSWMENDh1ENT NO. 1LAGENDA 2 MEMO.dvc AGENDA BACKGROUND SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 49 AMENDMENT NO. 1 DESCRIPTION: This project will convert Chaparral Street into a two way street from Schatzel Street to Williams Street as a demonstration project. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement, new underground utilities, street lights and traffic control. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. The consultant, Gignac Architects, will provide professional services for the coordination with City staff for preliminary design, final design and construction documents, bidding, and construction phases described further below: BASIC SERVICES 1. Preliminary Phase (under this contract) 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1. Conceptual Design 2. Meetings 3. Topographic Survey 4. Signs The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. Additional services include conceptual design services, meetings, topographic survey, and signs. Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director of Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. GRANT: The U.S. Department of Commerce, Economic Development Administration (EDA) grant proposes to help fund the proposed street and public realm infrastructure improvements on Chaparral Street. With the $2 million voters approved in the Bond Issue 2008, along with $1.5 million from the City Combined Utility Fund, the City is seeking a matching grant of $3.7 million from the EDA to help implement a two -way conversion of traffic operations on Chaparral Street south of 1H -37, along with reconstruction of the —220— EXHIBIT "A" Page 1 of 2 H:WOME\VeImaP1GENISTREETL5510 DOWNTOWN STR CHAPARRAL BI20081G1GNAC ARCHITECTSAMENDMENT NO. 11AGENOA 3 BACKGROUND.dac street, intersections and crosswalks to promote traffic calming, underground utilities, sidewalks, street lighting, street trees, a district identity and wayfinding signage system, and public art to celebrate the unique character of Corpus Christi and create a stronger sense of place and identity. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION:, Approval of final design phase contract, construction observation services contract, and construction contract to complete the project is required. ORIGINAL CONTRACT: The original contract provided preliminary consulting services for developing a project cost estimate for an additional two blocks to provide information needed to apply for an Economic Development Administration (EDA) Grant. The project limits include Chaparral Street between Schatzell Street to Taylor Street. This project includes the conversion of Chaparral Street into a two -way street from William Street to Schatzell Street as a demonstration project, and converts additional street into a two -way street if the EDA Grant is obtained. The scope of services include the following: ■ Perform necessary field investigations to generally establish the nature of the project site. Take photographs as applicable. • Investment project description • Proposed time schedule for the project • Proposed project budget — including conceptual opinion of probable project costs • Engineering Report — including: • project location • project background • overview of existing roadway conditions and existing roadway utilities • conformance with relevant city master plans • project roadway right -of -way considerations • schematic strip maps of existing condition, proposed conceptual roadway alignment, and proposed conceptual roadway utility layouts • conceptual opinion of probable project costs • Coordination Meetings with the City of Corpus Christi PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —221— EXHIBIT "A" Page 2 of 2 H:1HONIEWelmaPIGENLSTREET16510 DOWNTOWN STR CHAPARRAL BI20061GIGNAC ARC HffECTSAMENDMENT Na 1WGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 65101 Cl P No: ST 49 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non- Iocal). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). 4. February 25, 2010 — Administrative approval of Small A/E Agreement for Architect/ /Engineer Consultant Services with Gignac Architects in the amount of $14,480 for the Downtown Street (Chaparral). —222— EXHIBIT "B" Page 1 of 1 H-WOMEIVeImaPIGEMSTREET18510 DOWNTOWN STRCHAAARRA( B120061GIGNAC ARCHITECTSwMENDMENT NO. 1L4GENDA 4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 49 1. SCOPE OF PROJECT Downtown Street (Chaparral) (Project No. 6510) BOND ISSUE 2008 - This project will convert Chaparral Street into a two way street from Schatzel Street to William Street as a demonstration project. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement, replacement of underground utility, street lights and traffic control. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE Day Tuesday Wednesday Tuesday Tuesday PROPOSED PROJECT SCHEDULE Date June 29, 2010 June 30, 2010 August 10, 2010 October 12, 2010 Activity City Council Review of NE Proposal Start of Project and Start of Kick -Off Meetings/work sessions with the Public Conceptual Design Presentation to City Council 100% Design Presentation to City Council —223— EXHIBIT "C" Page 1 of 2 H: HOMEWeImaPIGENISTREET18510 DOWNTOWN STR CHAPARRAL B120081GIGNAC ARCH ITECTSWMEND (ENT NO. 1WGENDA5 CONTRACT SUMMARY.doc EXHIBIT "Cl Page 2of2 4. FEES 02/25/10 1 M206!29!10 Admin. Approval 010- The estimated construction cost for Downtown Streets (Chaparral) BOND ISSUE 2008 is $2,835,000. The total basic services fee proposal for this project is $140,480. Therefore, the percentage of design cost to construction cost is 5.00 %. —224— 11:WOMEWelmaRGEN\STREET16510 DOWNTOWN STR CHAPARRAL 8I2068■GIGNAC ARCH[FECTSAMENOMENT NO. 116AGENDA 5 CONTRACT SUhMMARY.doC Original Contract Amend. No. 1 Total Basic Services 1 Preliminary Design Phase $14,480.00 $126,000.00 $140,480.00 2 Design Phase 0.00 0.00 0.00 3 Bid Phase 0.00 0.00 0.00 4 Construction Phase 0.00 0.00 0.00 Subtotal Basic Services 14,480.00 126,000.00 140,480.00 Additional Services 1 Conceptual Design Kinney to Hirsch 0.00 53,500.00 53,500.00 Design of 2 -Way Conversion - Taylor to IH 37 0.00 9,700.00 9,700.00 Cross Streets - William to Schatzell 0.00 21,600.00 21,600.00 21,600.00 Cross Streets - Peoples to Taylor 0.00 21,600.00 Subtotal Conceptual Design 0.00 106,400.00 106,400.00 2 Meetings - Public 0.00 18,800.00 18,800.00 City Council 0.00 19,200.00 19,200.00 Subtotal Meetings 0.00 38,000.00 38,000.00 3 Topographic Survey to Schatzell 0.00 20,700.00 20,700.00 _William Schatzell to Taylor 0.00 25,300.00 25,300.00 Subtotal Topographic Survey 0.00 46,000.00 46,000.00 4 Si ns Wayfinding Signage 0.00 19,500.00 19,500.00 Subtotal Signs 0.00 19,500.00 19,500.00 Subtotal Additional Services 0.00 209,900.00 209,900.00 Total $14,480.00 $335,900.00 $350,380.00 02/25/10 1 M206!29!10 Admin. Approval 010- The estimated construction cost for Downtown Streets (Chaparral) BOND ISSUE 2008 is $2,835,000. The total basic services fee proposal for this project is $140,480. Therefore, the percentage of design cost to construction cost is 5.00 %. —224— 11:WOMEWelmaRGEN\STREET16510 DOWNTOWN STR CHAPARRAL 8I2068■GIGNAC ARCH[FECTSAMENOMENT NO. 116AGENDA 5 CONTRACT SUhMMARY.doC PROJECT BUDGET DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 (Project No. 6510) June 29, 2010 FUNDS AVAILABLE: Street CIP $2,000,000.00 Utilities CIP 1,500,000 00 Total . . $3,500,000.00 FUNDS REQUIRED: Construction $2,625,000.00 Contingencies 210,000.00 Consultant Fees: Consultant - (Gignac Architects) 350,380.00 Testing - (Geotechnical & Material Testing) 39,375.00 Reimbursements: Contract Administration (Contract PreparationfAwardlAdmin) 52,500.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 78,750.00 Construction Observation Services (not included in Consultant Services) 78,750.00 Finance Issuance 32,813.00 Misc. (Printing, Advertising, etc) 13,125.00 Total $3,480,693.00 FUNDS REMAINING. $19,307.00 H: HOME\VeImaPNGENZTREETV85t0 DOWNTOWN STR CHAPARRAL Bl20081GLGNAC AP212TCTSWAENDMENT NO. V AGENDA B PROJECT BUDGET CEXHIBIT "D" Page 1 of 1 File : \ Mproject \counclexhlb+ts\exh65TO.dwg CORMS CHRISTI B.ay CORPUS CHRISTI HTERNAl1COUL ARPORT PROJECT LOCATION LOCATION MAP NOT TO SCALE I PEOPLES ST LEOPARD ST z LIPAN ST rr COMMA FICHE ST 2 a ( PROJECT SITE CHAPARRAL FROM SCHATZELL TO WILLIAMS I • r 1 1-■ 'r+1 SITE PLAN NOT TO SCALE PROJECT # 6510 N EXHIBIT "E" DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 20Q#26_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6 -17 -2010 iME =V_ impotorroo Downtown Street (Chaparral) BOND ISSUE 2008 Project No. 6510 EXHIBIT "F" POWERPOINT PRESENTATION PowerPoint Presentation will be provided at the City Council Meeting of June 29, 2010. 2Z CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on SEATown Way Finding Signage Project STAFF PRESENTER(S): Name Title /Position 1. Kevin Stowers Assistant Director Department Engineering OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Raymond Gignac President Gignac & Associates ISSUE: Council briefing and update of the Sea Town Way Finding is warranted as the prior Council endorsed the concept. BACKGROUND: Stakeholders worked with Gignac Associates and City Staff to recommend implementation of a new way finding program emphasizing the Bayfront Park and Corpus Christi Beach as a Sports, Entertainment and Arts destination. Funding is available in the Bayfront Phase 1 to conduct a prototype installation of pedestrian and vehicle way finding signage. A poll of stakeholder indicates continued support of the concept. REQUIRED COUNCIL ACTION: Concurrence with prototype implementation to demonstr to the signage through the Bayfront Phase 1 project. Pete Anaya Additional Background ❑ Director of Engineering Services Exhibits ❑ 361-826-3081 petean @cctexas.com I'm CS SEAr OWN „ 8/ „ZIL L-,8 PROJECT NS E SHEET NUMBER = • District "banner" creates identity m 0 on N 2 u f_ _c a--, (Ks a-+ _N a a", -a Z c� v N ,O 0 N N 4- I- V) O c CI "Es r 0 District "banner" creates identity c 4-0 cn 03 '15 Z a_ c sa, sa) c o 1- on tn -I-0 4- V) C ›N Oa) 03 10 U C13 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health and Risk Management Claims Report — Quarterly Report, Period ending April 30, 2010 in addition to Clinic Recommendations STAFF PRESENTER(S): Name Title /Position 1. Cynthia Garcia Director 2. 3. OUTSIDE PRESENTER(S): Department Human Resources Name Title /Position Organization 1. Randy McGraw Consultant Crest Benefits 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: nla PowerPoint Supplemental Information E Reba, d--7Z/ ,loin McKaughan Assistant Director of Human Resources JoanM @cctexas.com 361-826-3306 City of Corpus .Christi Z"riZoi". Department of Human Resources Health and Risk Management Claims Report Quarterly Report Period Ending April 30, 2010 1 Table of Contents Risk Fund Workers' Compensation 3 General Liabilities 5 Health Plan Update 7 2 HEALTH PLAN CLAIMS REPORT AUGUST 1, 2009 THROUGH APRIL 30, 2010 Introduction This report provides a review of claims utilization for the period August 1, 2009 to April 30, 2010 for the City's health plans, includes a review of initiatives designed to control health care costs that have been implemented since 2007, and describes changes that will be implemented in Fiscal Year 11 designed to address both short term and long term challenges. The City works diligently to control health plan costs for the City and employees, and has used a variety of program changes and initiatives to help offset the health care increase trend. The City is supported in this effort by the plan's third party administrator, Humana, and by consultants as necessary. These efforts and initiatives will be reviewed within this report. Medical and Pharmacy Expenditures — Comparison Quarter 1 -3 FY10 to FY 09 A total of $18.2 million has been paid by the health plan for medical and pharmacy claims in the period under review. Total Paid — All Plans Qtr 1 — 3 FY10 Qtr 1 -3 FY09 Medical $14,186,786 $13,556,334 Pharmacy $4,012,852 $3,691,429 Total $18,199,638 $17,247,763 Total Paid — By Plan Qtr 1 — 3 FY10 Qtr 1 -3 FY09 Citicare * $10,921,762 $10,422,407 Public Safety $3,206,960 $3,426,239 Fire $3,796,510 $3,326,748 Citicare Alternate ** $274,406 $72,369 Total $18,199,638 $17,247,763 *Though Citicare total claims expense is higher in FY10 compared to FY 09, we are realizing a decrease in claims expense for Citicare retirees as a result of the transfer of Medicare eligible civilian retirees to the fully insured Humana Medicare Advantage Plan on March 1, 2010. * *There was one large claimant in this group, causing the significant increase from the prior year. (This data is provided in more detail in attachments to this report) 3 Medical and Pharmacy Expenditures by Category Service Category Total Paid Professional (office visits to Primary Care Physician, Specialist, and outpatient physician services) $5,692,307 Inpatient Hospital $4,213,331 Pharmacy $4,012,850 Outpatient Hospital $3,118,348 Ancillary & /Other (lab, durable medical equipment, behavioral, chiropractic, home health, hospice, ambulance, urgent care, etc.) $1,162,801 Total $18,199,638 A key cost driver to the plan is chronic disease. To substantially decrease the long term costs of the plan a decrease in the demand for care is needed. Through initiatives already introduced, and through cost shifting such that the employee picks up a greater share of the cost for services, the City has already set in motion a plan to mitigate the progression of expenses and chronic diseases. However, we must take care not to shift the costs to the point that it is a deterrent for employees to seek care. For the near term, savings can also be achieved through initiatives aimed at keeping the healthy individuals healthy (health monitoring and preventive care), mitigating and slowing the progression of disease associated with lifestyle choices, and optimizing care for those with chronic conditions. Catastrophic Cases In this review period there were ten (10) individuals whose claims met and/or exceeded the $150,000 stop loss deductible, totaling $2.2 million paid by the plan. We have received $676,235 in stop loss recoveries on these claims. There were nine (9) individuals whose claims met and /or exceeded $75,000 (50% of the $150,000 slop Toss deductible), but have riot met the stop loss deductible. These total nineteen (19) cases represent $3.1 million (17 %) of the total $18.2 million dollars in total claims paid. Thirty-two percent (32 %) of the cases were in the Fire plan, a significant percentage when considering the small size of the group. There were no cases in the Public Safety plan, one in Citicare Alternate and the remainder in Citicare. 4 After evaluation by Crest Benefits Consulting, the City's benefit consulting firm, and negotiations with Humana, a reduction in the projected stop loss insurance premium was achieved. Upon considering the benefit changes being made to the Citicare plan, and with the changing demographic resulting from moving the Citicare Medicare eligible participants to the Humana Medicare Advantage Plan, Humana reduced its original 2011 stop loss premium quote to 15% in comparison to the 23% originally proposed. Additionally, the City is considering moving the stop loss point from $150,000 per claim to $175,000 per claim. This has been recommended by the City's benefit consultant, and would result in a decrease of the stop Toss premium by approximately $200,000. The health conditions experienced by these individuals are as follows: • End Stage Renal Disease Treatment (2) • lntracerebra! Hemorrhage, Septicemia & Bacterial Pneumonia • Immune Thrombocytopenic Purpura (low platelet count) • Congenital Hiatus Hernia Pneumonia & Pulmonary Eosinophilia • Disease of Trachea and Bronchus • Newborn Complications • Cancer (4) • Intracranial Injury & Spinal Cord Injury • Acute Appendicitis • intervertebral Disc Disorder with Myelopathy (2) • Venous Embolism & Thrombosis of Deep Vessels of Lower Extremity • Malunion Fracture of Bone • Infection & Inflammatory Reaction of Internal Joint Prosthesis • Pneumonia, Gallbladder & Gastrointestinal Tract Hemorrhage Challenges, Findings and Initiatives In 2006, the City contracted with Mercer Health & Benefits LLC. to determine if a Consumer Directed Health Plan (CDHP) with an account based plan would be a practical health plan option, and/or to identify other medical plan management strategies appropriate for the City to consider. Mercer provided several recommendations regarding the plan in March 2007, upon completion of the study. The completion of the study included Mercer's recommendations for plan design changes and wellness initiatives that would help to reduce plan costs and slow the trend in health plan cost increases. 5 Mercer's recommendations for the Citicare Plan, and the related actions taken by the city, are as follows. Due to the limitations of collective bargaining of health plan changes with Police and Fire, there were no recommendations made for the Public Safety or Fire plans. Recommendation Status Change Primary Care Physician and Specialist co -pay from $22 to $15 (PCP), and to $30 (Specialist) implemented August 1, 2007 and also included increases to all other co -pays; August 1, 2010 Citicare co -pay increases for PCP to $25 and for Specialist to $40. Citicare Premium co -pays will riot change Change Prescription Co -pay from four tier $10, $30, $50, $100 to three tier plan Implemented three tier plan ($10, $30, $50) on August 1, 2007; August 1, 2010 Citicare prescription co -pays will increase to $15, $35, $55. Citicare Premium co -pays will not change Provide an incentive to employees who completed the Human Health Assessment Implemented $10 gift card for all new participants effective August 1, 2008, and have continued the program Increase Disease Management program participation Continue efforts to encourage participation; added weekly electronic report to Humana providing contact information for participants in order to increase participation in the programs provided Increase education and health promotion programs Benefit Briefings, Website, Weight Watchers At Work, Smoking Cessation, and Obesity Support — programs have been implemented. Revamping the annual health fair to a mobile health and wellness program going to employees at their work locations, with enhanced reporting and tracking capabilities to support employees in making changes for better health Move Medicare Eligible Participants to a Medicare Advantage Plan Citicare eligible participants were moved effective March 1, 2010 Increase general communication Benefit Briefings, enhanced data available on the employee Intranet "CityNET" Implement a "Low" option health plan Implemented Citicare Alternative Plan on August 1, 2008, continuing this concept with the Citicare and Citicare Premium plans effective August 1, 2010 Seek additional discounts through RFP process Completed RFP process and award of contract in May 2008 Pursue increase healthy behaviors and health monitoring through on -site medical clinic The City has conducted site visits, met with clinic consultants, hired a benefits consultant, and is preparing for an RFP for a clinic. 6 Humana conducts an annual plan review and provides recommendations for the City's consideration as a means of controlling health plan costs, and ensuring a quality service for participants. Many of the recommendations made by Humana are consistent with the recommendations made by Mercer, and as such were not duplicated below. The City recently provided Council with a memo specially outlining the recommendations from Humana based upon the prior plan year's experience. Following is a sample of other recommendations made by Humana over the past several years: Recommendation Status Add cancer and asthma disease management program Implemented August 1, 2006 Increase hospital deductible Implemented August 1, 2006, increased from $200 per year to $200 per admittance Increase benefit for using RX by Mail service Implemented August 1, 2006; 90 -day supply at 2 co- pays rather than 3 co -pays Provide coverage for hearing aids and orthopedics under durable medical goods. Implemented August 1, 2006, covered at 80 %/20% in- network, 50 %/50% non - network Allow coverage for HPV vaccination for females ages 12 -26 Implemented August 1, 2007 Eliminate acupuncture coverage Eliminated August 1, 2007 Promote the benefit of age and gender appropriate regular preventive care and screening Revised the Citicare plan in August 2007 to increase from $300 to $500 for preventive care and screening, have promoted Citicare wellness benefit to employees during Benefit Briefings; will work with TPA to develop reminder service, health fair has included the Spohn Heart Study, revamping the annual health fair to a mobile health and wellness program going to employees at their work locations, with enhanced reporting and tracking capabilities to support employees in making changes for better health Limit annual visits for Chiropractic Services Implemented August 1, 2008, limits visits to no more than 52 in a plan year Allow coverage for lap band procedure for Obesity as deemed medically necessary Implemented August 1, 2008, provides coverage as a regular plan benefit for surgery Reconsider the non -par maximum allowable fee strategy in view of the dialysis experience Completed change effective May 1, 2010 Consider the addition of a reasonable home health benefit for the Fire and Public Safety plans to allow for more timely and less costly transitions of complex cases from the acute and long -term inpatient settings to the home Pending negotiation. Will discuss with unions changing plan design to include preventive care and other cost savings programs (i.e. home health, etc.) 7 PROJECT FOCUS FOR FISCAL YEAR 11 Health Plan Redesign The Citicare plan for active and non- Medicare eligible participants has been redesigned and is being implemented with two options effective August 1, 2010. The City continues negotiations with the CCPOA for the Public Safety plan however negotiated changes will not be implemented until a mutually agreed upon date after negotiations are finalized and approved. The Fire plan is not being changed as Fire leadership withdrew their request to open the contract for renegotiation of health plan benefits, pending settlement of a grievance regarding health premiums. The arbitration is scheduled to be held in September. It is clear, however, that despite not having achieved such plan design changes through negotiation, the City should implement a change to the plans addressing preventive care, and other cost savings measures, similar to the Citicare plan. This includes coverage of $500 for preventive care, HPV vaccinations, and home health care. The changes will be proposed to the Police and Fire unions, aside from collective bargaining. Negotiation with Corpus Christi Police Officers' Association The City continues in negotiation with the CCPOA for the terms of the contract, including health plan benefits. Medical Clinic for Employees and Dependents As you are aware, the City is working with a benefits consultant to implement a clinic, and to develop wellness initiatives, as another means to improve employee health, and to control health care costs for the city and participants. A draft Request for Proposal has been developed based upon direction provided by the City Manager, and given consideration of the City's health plan utilization. Following council review, the RFP will be placed for bidders through the Purchasing Division. Representatives from the Financial Services Department Purchasing Division, Human Resources Department, and Employee Insurance Advisory Committee will participate on the RFP evaluation team, along with the City's benefit consultant. The City's benefit consultant will be available during the presentation on June 29th to review the specific recommendations regarding a clinic for employees and dependents. It is important to note that given the ability of Police and Fire to collectively bargain benefits that are part of a contract between each Association and the City, if the City implements a clinic, it may be difficult to make any changes to the clinic program without collectively bargaining such changes. The City will consult with legal staff to determine how to proceed in order to avoid a "past practice" for providing benefits that cannot be unilaterally changed once provided. Application for Early Retiree Reinsurance Program The City is working with the plan's third party administrator, Humana, and benefits consultant, Randy McGraw to ensure timely application is filed to participate in the Early Retiree Reinsurance Program that is part of the Health Care Patient Protection Act. 8 The Early Retiree Reinsurance Program (ERRP) may provide reimbursement to participating employment - based plans for a portion of the cost of health benefits for early retirees and early retiree's spouses, surviving spouses, and dependents. This program is authorized under the Affordable Care Act. This temporary program begins on June 1, 2010 with funding limited to five million dollars. Eighty percent (80 %) of claims costs for each early retiree (or early retiree's spouse, surviving spouse or dependent), for claims incurred and paid for that individual between $15,000 and $90,000 during a plan year could be reimbursed to the City. A sponsor can receive credit/reimbursement for the portion of claims paid by the insurer or health plan, as applicable, and by the early retiree and early retiree's spouse, surviving spouse, or dependent. These reimbursements can be used as follows: • To reduce the sponsor's health benefit premiums or health benefit costs; • To reduce health benefit premium contributions, copayments, deductibles, coinsurance, or other out - of- pocket costs for plan participants; or • To reduce any combination of these costs. The City will apply reimbursement funds to plan costs. These funds can not be used as general revenue. Wellness Initiatives • Health Fair - Historically the health fair has been an annual event that includes the Spohn Heart Study (blood pressure, body fat analysis, cholesterol, triglycerides, and counseling), seasonal flu vaccination, and a variety of health and wellness services at vendor booths. This program is being revamped and will become a "Mobile" health fair — taking the services to employees at their work locations throughout the year in order to increase participation in the heart study and to further enhance support of employee behavior and healthy habit changes, and evaluation of results. • Vending Machines _Staff has recommended removing unhealthy items from vending machines at all city locations; specifically, as a first step, eliminating all soft drinks except those that are considered "Zero" calorie or Diet. Discussions regarding contracts with vendors are being held. • City Hall Diner - Staff has recommended adding designated "healthy" choices to the menu and removing all soft drinks except those that are considered "Zero" calorie or Diet. • Corporate Gym Membership — Staff continues to contract with community exercise facilities for discounted fees to encourage employee and family membership. • Virgin Health Miles — Staff will continue to promote this program in order to increase participation. • Web -Based Wellness Tracking Platform — Identification and selection of a web -based wellness tracking platform in which employees have a one- stop -shop to track their wellness activities, to gain health and wellness information, and for the compilation of participant achievements for staffs use in recognizing healthy habits and behaviors. 9 Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred within the first nine months of fiscal year 2010, with comparisons to the same time period in FY09. Workers' Compensation Claims The total number of claims filed for Workers Compensation has decreased 8.4% during the first nine months of FY10, compared to the number of claims filed in FY09, as illustrated in Table WC -1. The Police department claims have declined 14.7% from FY09 to FY10; however they had the highest number of claims this year. The Fire department had an increase of 24 %, with 93 claims. Solid Waste decreased 29.8 %, Wastewater increased 27.9% and Park and Recreation decreased 19.7 %. Claims Count by Department YTD Comparison (Period Ending April 30) Department FY09 FY10 % Change FY09 to FY10 Police 163 139 - 14.7% Fire 75 93 24.0% Solid Waste 94 66 - 29.8% Wastewater 43 55 27.9% Park & Recreation 61 49 - 19.7% Water 36 33 -8.3% Gas 33 32 -3.0% Streets 28 24 - 14.3% Storm Water 14 15 7.1% All Other 145 128 - 11.7% Total: 692 634 -8.4% able WC -I Incurred Costs Our incurred costs have decreased 58.2% in FY10 as compared to FY09. As illustrated in Table WC -2, Solid Waste has the highest incurred costs this year; however their costs have decreased 16.9% from FY09 to FY10. The Police department decreased 88.3 %, Water increased 80.1 %, Gas increased 46.2 %, Park and Recreation decreased 55.4% and Streets decreased 86.4 %. Wastewater increased 258.5% due to a back injury, which is typically expensive. Incurred Costs by Department YTD Comparison (Period Ending April 30) Department FY09 FY10 % Change FY09 to FY10 Solid Waste $ 280,467 $ 233, 1 59 - 16.9% Police $1,505,729 $ 175,532 - 88.3% Fire $ 100,094 $ 109,431 9.3% Wastewater $ 29,099 $ 104,312 258.5% Storm Water $ 145,948 $ 90,441 - 38.0% Water $ 46,606 $ 83,947 80.1% Gas $ 48,605 $ 71,060 46.2% Park & Recreation $ 148,063 $ 66,032 - 55.4% Streets $ 111,367 $ 15,141 - 86.4% All Other $ 184,980 $ 138,528 - 25.1% Total: $2,600,956 $1,087,582 - 58.2% able WC -2 10 Paid Costs Our paid costs have decreased 54.8% in FY10 as compared to FY09. Solid Waste has had the highest paid costs; however their costs have decreased 31.7% from FY09 to FY10. Police has the second highest paid costs but their costs have also decreased from FY09 to FY10 by 78.8 %. Storm Water has decreased 58.8 %, Fire has decreased 40.9 %, Park and Recreation has decreased 78.9 %, and Streets decreased 86.4 %. We budgeted $2,129,789 for Workers Compensation claims for FY10, and have spent $2,064,714 (97% of the budget) in the first nine months of the fiscal year. The amount we have paid not only covers the cost of claims filed this fiscal year, but also the payments we continue to make on claims filed in previous years. Graph WC -1 below, shows dollars paid during FY10 for claims that were filed in previous years, and what we have paid for claims filed in FY10. The total paid on previous years is $1,443,004. The majority of the payments were made on claims filed in FY09 (52 %) and FY08 (23 %). Graph WC -1 $1,000,000 $900,000 $800,000 $700,000 $eoo,000 $500,000 $400,000 $300,000 $200,000 $100,000 Dollars Paid in Current Year for Prior Years' Claims FY08 & Prior FY09 FY10 Our Workers Compensation program has performed well this year with decreased costs and fewer claims, and we are taking steps to improve the program even more by creating safety improvement teams within departments, increasing work site inspections and observations, developing department - specific safety manuals, and providing on -going safety training. 11 General Liabilities Claims The number of General Liability claims filed in the first nine months of FY10, compared to FY09, increased by 11.5 %, from 585 to 652, as shown in Table GL -1. The Police department's number of claims declined 14.9% from FY09 to FY10; however they have the highest number of claims this year. Streets had a 67.2% increase and Water had a 45.3% increase. General Liability Claims Count By Department YTD Comparison (Period Ending April 30) Department FY09 FY10 % Change FY09 to FY10 Police 141 120 - 14.9% Streets 64 107 67.2% Water 53 77 45.3% Wastewater 60 76 26.7% Solid Waste 52 63 21.2% Storm Water 32 33 3.1% Gas 24 25 4.2% Park & Recreation 31 24 - 22.6% Fire 28 21 - 25.0% All Other 100 106 6.0% Total: 585 652 11.5% Table GL -1 Incurred Costs As shown below in Table GL -2, overall incurred costs have decreased 52.5% in FY10 as compared to FY09. Incurred cost for Police claims continue as the largest of all departments, however they had a 65.4% decrease FY09 to FY10. Solid Waste increased 93.5 %, Wastewater increased 298.1%, Water decreased 93.5 %, Fire decreased 97.1%, Park & Recreation decreased 77.3% and Gas decreased 71.1%. Incurred Costs By Department YTD Comparison (Period Ending April 30) Department FY09 FY10 % Change FY09 to FY10 Police $ 857,437 $ 297,099 - 65.4% Solid Waste $ 88,721 $ 171,713 93.5% Wastewater $ 13,911 $ 55,384 298.1% Water $ 564,120 $ 36,623 - 93.5% Park & Recreation $ 82,055 $ 18,656 - 77.3% Streets $ 13,222 $ 16,356 23.7% Storm Water $ 8,343 $ 9,047 8.4% Gas $ 26,943 $ 7,782 -71.1% Fire $ 45,690 $ 1,314 -97.1% All Other $ 1 02,555 $ 241,988 136.0% Total: $1,802,996 $ 855,961 - 52.5% Table GL -2 12 Paid Costs We budgeted $2,973,876 for General Liability Claims and Lawsuits for FY10, and have spent $1,837,717 (62% of the budget) in the first nine months of the fiscal year. The amount we have paid not only covers the cost of claims filed this fiscal year, but also the payments we continue to make on claims filed in previous years. Graph GL -1 below, shows dollars paid during FY10 for claims that were filed in previous years, and payments FY10 claims. The total paid on previous years is $1,328,497. The majority of the payments were made on claims filed in FY09 (68%) and FY08 (14 %). $1,000,000 $900,000 $800,000 $700,000 $800,000 $500,000 $400,000 $300,000 $200,000 :100,000 $ Dollars Paid in Current Year for Prior Years' Claims $904,899 $509,221 $423,798 FY08 & Prtar FY09 FY10 Graph GL -1 Of the 652 claims filed in FY10, 18 of them are lawsuits (3 %). Graphs GL -2 and GL -3 below illustrate that 25% or more of our costs are driven by only 3% of our claims, which are lawsuits. Graph GL-2 Graph GL-3 Incurred Dollars Claims vs. Lawsuits 13 61-0Z/6Z/90 pa4uaswd IIady 6u!pua PO!JOd 2 01-0Z JeaI& (e3su - Apopeno Puno3.4410 04 iaodaei .64 44 *4 64 44 .. — M13 t. k. 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V C71 .A - W tC .P .4. .a C Li CO W a v N C] C O 4 44 4 44 44 I.: C' C I r`7 CTl C1 r L I --+ C,7 LT1 V LR ■ V� O R T V -277- iy9 34 iF-- 44 44 44 44 SIVIjO(1 SSOP)Jo % SleD b• -4 'b rri NOS T.$'1Sf papaaax l &MHO([ SSO.19 JO °fin SRR3 pled sunup le1o.L N V Lrl r L+3 Claimants *Benchmark $75k 434 {b4 b4 O C1 r L4 C❑ O CD .2., ft c CD rp `D cp a g 0 t b4 iok- V •P 'J3 4 V O • "4 v7 C7 • N Cr, "4 ▪ VI N 1[;apes aiIgnd vR b4 b 49- N zu a C+ .--+ r-, .p tV LJ'l CJ'i q I--, •--+ G a CT IA N CI1 V F-+ 41. N. w CJ' t'a CO r.-+ 1 CT'I rT L7 G1 w -4 o q NJ. UZ N • C N+ s_Iiel[OQ sso.1J Jo % SIP) MEd SWWEeID fe1O.L N Dti ‘.1:.' - Cl N •• r•■ ,p tv 7■-+ F.1 C7 V J.), Lk] N -279- Claimants *Benchmark $7Sk CD C▪ D CD ., 1 - pted xl/lealpow sso.I9 b4 4:0.• brr fiD tr - r7 . tri n : rD rD ;uatuLoe)w IMO cr V • (7 ' 1"f c CD• O. ❑C• U) CD 3 0_ a) 0. CT N ACD cD n o ❑ CD 0 ❑- Cr_ ❑ U7 IV ❑CDCn 0 ❑cam • 0 CD 007 c0 0_ C) N > .-t- CD -n ❑7z) = Q" • CA) SD 0 'IInp -• 0 n --1 cn can 5 -0 c 0 ❑• o • 0. cnw ❑ *o a) CD a) N c- c c0 coo co co a 0 a, 0 c Q 0) 0) n 0 0 x. as co co Gn 0 Expenses Revenues let Balance $(12,681,501) Citicare & Alternate 1 ,492,185 189, 3'17) co $ 3,629,573 "GO w 0) � Inn Q W Cr) CD Co $(3,599,195) Public Safety 1-,21 8,493 • • • 1 1> 1 1 z 1 1 1 CD '3 C3 a `n `Z3 v > 0 > tQ 0 art► o O 0 _, tD ] Q -. 0 o 0 ' ❑ _ co 071 St - CO '''' -3. MI: ri a > CD co c) V) _t CD ch m tu -a 0 0 (') c73 Ea i --z 3 17 = 3 (0 -c 0 al c"-3 E. (7)= D a � 0 C= 0 CD =t-o 21, a . .. . . CD CE CD < ET 0. =1: �. Cr) = 0 n ti.) = an Er. 70 CT 3 Fet S Fr )1 3 n• 41 3 = 0- u) a (t) m "0 0 g 6 0 CD o `p 0 t❑ Ca an CD �. = cr C713 -. 5 o C 1---- � cn' `❑ 2 0 v D 0 o � _ � -c CD CD -p v cr) J` 3 cn 5� �Ca o 6-c a U7 C' CD ) Co y CD cy cy cn N n 3 si7 J) cr) 5 Co co I n E -5 5 CD 0 3 0 0 0 a C]' ! cp CD 5 o 0 CD CD 0- CD n. 30 CD C7 0 -5 ° v3 0 oIt►) O • 0 v 35- ._•a - v o co 0 0 0 0 0 3 2 iD 3 co C7 < 3 _a) 0 CD — I %.< 0 D. 5' cn a5 CD CD o CD 00 0 a) — LC � Cn 0 a 0) 7:h 0 3 3 0 7 I <D = CD -n 7 For CD cc O -' � C 5 T • A (.0 CD a cn co cn 0 0 9 0 co co 0) 0 0) 0 0 2 0 3 0 0 s8AI ;eMUI SSOU 0 > (76 (7) � N CD BCD (2 (1) Qj E BCDO. 3 -6 ci) 1,7: CI) —h FD"a CD .ci CD m 3 3 7 - = 0' v C CD 0 co c7 cD C o CD v C7)CD� a04 peieded 6uieq pue poep &AI — s1401.108 1.80a0 uaoal aoueisissv — 0 0 0 Bh rn 3 ‘i< CD cn CD Qo a cfl C C CD r) 2E 0 ic t 0!! 0 12. iw = a 1 0 u . V a) 0 V co O c a) V a) s O v) - co O N L _a E O a) O O a' L ♦' d) a. " o- a■ .o . N m = — -lo V >. O � V Q = — Q c a .c O -a cal 493 u_ A L L a co V -p co > O co 493 E .0 a) (1) Q L O Q a a Q u a._ co -v L co c O c a) L 0 4) a) 4) 0 U c 0 U U 0 0 N ct3 c c . tlo c U U a) 0 staff recommended E 0 txo c . > ■ •._ U U • C O co U A-) O cn — O O 0 N t . c '1) txo � o < u O • 4--1 O O c0 U O o a) (Ni •O co ct U U a) L co c L a) 4) co 0 c •O co a) -v_ c 0 U E co a) 4) tlo c U U a) L a) cc c co E 0 L 0 a) U 0 a_ In February 2010 Council approved a motion to: L O V L 0 byo c .N cn CU 0 a Immediately begin an RFP process Include recycling process capacity with commercial accounts L O gl gl L •V co > a) L- ,„ CO C C O O • .— r-) r--1 V a) c co O V t).0 a) •� V O >, a_ V O 0 CL —CI •V) C co O co txo N a >- co LL tg) a) 4) co E 0 4) cv9 E co a) L 4) cn E a) co b„0 L •� o L co eL %.- O c •O _4_, •O G) 4, co 4..) O c V a) 0.0 V ,"1)) ,- L 4) L co V t'x0 c a) cc co txo a) a) L a) a_ a) V c 0 0 4) .O .O 4) 4 'v) V L O 1- V .4-) L L co co O u N V co 4 O a) O � O � ct bx0 L rd O -o 00 0 O u 4) co u O s c u O u O °- .c ci co s J oC o_ M O 0 cc; and reduction in LL • �O -p ( S >- O q- N N s a) C C X CL _> O O a) • N O O 0 O N V c N• N t.O 0 ▪ cd 0 • en 0 d EO L V C aa L pp N CCI r L CZ CZ � a) O v) D V L � m 0-0' C • mo• d) c 0 o CL as a0 > - 0 0 -CI c 1- as 0 ON co u .1 co ao ♦-) c c O .0 u >. tko u c a) 'gin E N co 0 G a 1 v) tko c 110 . u .N N 0 U .� co O N 0 iU • O ., a O co c cd • N "0 u N - N u 0 ,_ c 7 cc 0 E , 0Za,U3 au V) L U (1) E c 0 r, c 0 C. 00c2 • a) o- I c N t o O . . u cu " c 'N O N - O V b N O S- N 'u 0 CL >. L N • *4 c a) N a a u L �o c 0 co >. o cers E 4' O � L) u O '�U C a ▪ 0 •� cn a) sT0so 0 E -0 .. >. erst -0 -0 CL cd L • a) 7, -0 -° '> L N (Ts cd N • V) O N u ♦.' cn •� L N V =0 3 L +--' 0 V •�„ >, N 4-' cn '� C b„0 O bd'p • o Z a� U 0 a) -0 0 I— m cn V d) b.o Fund FY 20 C u c 0 c a) E a) u u a) a) � v- L a EU I u M co c 0 a 0 ■ 0 N ON cc0'— co co co tn u O N � . te I O L_ tn L- > (I) E 2 4 :9 ,L 5 0 _ r d 0 0 i _ > . 0 . _ v ) w icia,E(1)914 cn cc$ u 0 0 a cn c u O .c -CI u_ Ov p_v= •N t).0 0° .2 4-1) E u 0 ° o Q > 4-1 U ._ = N -v = = to 134 u , , L L .— _ co O m • -v �' > u > o Z a) s co-a 0 X I— au L c a) U Th City would need to re -bid recycling processing contract V) C 0 V tt L E CU O C L- 4) 4) L a) " E two cu .c 4) u -0 it L. L 4) 0 L (ci 4) V E -4-) - cci cu v) and nations cz u 0 vi L cu c L co O. U Z Z 0 0 0 w N LI] 65 0 4- 0 c CD CD CD C) as LL. c.3 0 0 0 0) C3 <0 0 0 c co 0 4- 0 0) C3 co 0 CD 0 ci) 0 ci) 0 0 W w 0 Z 0 w D a 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 2010 -11 Internal Service, Special Revenue and Debt Service Funds. STAFF PRESENTER(S): Name 1. Oscar Martinez 2. Cindy O'Brien 3. Eddie Houlihan 4. Constance Sanchez Title /Position Department Assistant City Manager — Public Works Interim ACM — Administrative Services Assistant Budget Director Interim Director of Financial Services REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget adoption are scheduled for July 13th and July 20th respectively. Eddie Houlihan Assistant Budget Director Edd i e H o (ccte xas . com (361 )826 -3792 Power Point Presentation X Exhibits d MTIMEM o o o o rug= Mg 1/1 !V orznammrign 0 el o o Z u. 4- 0 0 O 0 u "C _ CD OEgs (1) OA 4..1 L s .- ma A S. u E O = O et •— 14= >. c,_ = a) -ci a) s -a -0 To L. 75 a) _ O O ,_ 4.1 s � = ,,, p i u cu >' D 4, u • V u Di' c� i cu a) ._0 cu 04 _c 1— in to 4..) G) 11 co L .0 E •_ i -it O u co c O w .4-1 2 3 G) E • L cu 0 0 > ( 7 c �o 0, N M ON N CO uy' ON N m 0 M" L.r'1 — co N;I �r1 a,'', M h N — oN '.0 N. r'1' u1 a c6 O''! — N. N .+3 V N ©' Mf' co if) N4 M .0 0 • N. r 0 0 d' � ' 0 1 �' N ON ON — ei rn N Nr N d' N. NI- 6 N 0 (.l MI' d" ET o0' u) ?' ''1- 0 h. M M M NG M; (4 _ bO 0 c d c N C 0 u ti a) - o ao s.. c>'` wV) M? oC T W 0 U L rd Q N c rd N N V � E rd � rd L m d D d) c -p eko N— N V L L N Q () Q too c ' L d) N a) '&0 L 0 0 N 0 0 Note: The decline in Fund Count Count Stores 21 21 Maintenance Service 87 85 Municipal Information 105 98 Systems Engineering Services 64 60 Risk (Combined) 15 16 Totals 292 280 N 0 N vi O s +_' CL 5 N N co 0 0 - ; O Q C 4-' O u e O N cn � J vv) O O N u cp Pro, osed Bud: et - Internal service, 'coal Revenue, Debt ervice • or • us hristi, Texa • • • 1 S b.0 _ r--; — as V L 0 VO • S- = s v) L 10 O 0 E � = p cd O O � 0 � .. cds — 'L`'~(/) 0 • �' L C ' ? = 0 `� 040 0 -v O 0 c- d a) 0 •4_, • C• -4--1 � a) a a" � o > -° >s s_ V) -v 'L E O �O ♦i = =v ▪ a a �� a)U c •3 -CI L • ,� 0- s rd 0,0 I N V cn =cam 'as 0.c —E0a) N p N v) V O N L cd s OL c = - q- as O 0_ a) s u o ♦, ' X N • L L -4--1 a,0 Vi' s °-� s 0�'��' p O I— cc - I— c c 0 LE 3 i nds Presentation -June 29, nternai Service, Proposed Budget - Christi, Texas 1 1 1 Fleet Services O 0 O O O O O Ln L 0 O 0 0 0 o a; O 17 O O O v) o Ln c Lr) C (74 N E '1.71 O V) V0- 0 O C 0) > a) bo a) a) ce t2 a) cid L = L O2 Reserve of $250,000 set aside as a contingency for fuel price increases. Facilities Maintenance L N O 71 a) 4-, s 0 _ 2 > a) N �' Tz — 4•, N a •c O U oC O o a) _c L �, 0 V �p C>- b4 V) C a) u_ C 0 N a) 0 -ID _ c 0 m 10 cid > — bcP cd c u. U �- a) 4— u L 0 O 0 Q 4- b.0 = c 0 � >. C C4' a)> > > 4-, O� sL L o -v_ N N N a 0 > 0 OU E a) = L a) = 0 2 N a) c� s rd C = oC -v = +� o cz� N ,., = C C -O C '= _C C , `~ ^ L b4 0 � C -0 = \O -O + +O N s a) > s a) N > — OD 4-, S- N- E Es aa)i s1- bo a) °«O Tt E 0 E C �C 'b=—•0 > E c c) cd 0)a) a) 0) b- (C L E �,N L a, ° �' EU N -0 ce bO +-' L -v = C O -0 c -°— C �, O = bo a� a� a) a) cz ri, 12.43 N °"(a0•- -5> N -v L C c cd s N L N 0 es om �' o ago o CU o ' - �°,� ou_o a� oa) LO L E s �', V o E o L V O N 641_ N V �O 64 > 64 N 64 vl CI. 0 LLI 4-0 s- -0 O. `evenue, Debt ervic- c0 0 0 cu 0 Budget Reductions January 2010 Amendment — $768,570 $1,005,922 reduced in current year Seven position eliminated Other Considerations U a) OA et o s V -0 c oo a) E 0 c a) v; E au L 5 dL a) v 0 v o z o 0 VI u 0 ' L °-) s N N o N -0 CL = c •- o ;.1 a� °o o E ci a� if L -v a au Savings Strategies (Began Implementation in FY 2009) Renegotiated Contracts Outsourced selected functions /applications Reduced use of consultants L d) c d) V et et 0 c 0 V d) L d) et E N W N c c ooO .LE Ln N Cr L cn C cd E d) L L et 5 s D N L u (I) cu oC a 0 0 O N N O! CO O CO vd V 0%, rn tol- N u L O c q- c O d) co s O O 1) bO O c c O N N c OO G) N a) s c s O - c u N O ft L = d) a) - L L cd +, N s b u -o > O N N -p s H cd V 0 N O W 0 O— C d) o c a� a .4-7; et = N c cl- cr s O .0 w _� u CO O 0 C O u C u > C ON u a a) -v > a) p cn c L a E G)) ° s c L m n„o — N V L Lc c 0 VI ._ ° CU c N N L V) N� D O 2 L c° N 0 O L L a) U Oros' ° cn s a) Q u N -v 5 u0 L O 8 Ty w • p E O a u O L et eko N L u N a S- L O O ft 0 CL CU = a) O O -v E 1- °I- ° � ) ° L )<< `evenue, Debt ervic- 0 0 1 a) CL O nsurance Premium increases Proposed health Citicare I8% C N ID L , = -4") s u c L O s ' — r--) 10 c 0 U CO rd -p E V L = O N O 0 O s O .L ct > U CL ct _ _ ct V '> 10 '� cn 'c U N cd >. C- L O N • C e ° ▪ - N C M l E L 'N (I) 0 o a) o �° a) V c c = cd it o_ c 'j O E cd m -D O a a Z U 9,922,474 (est) LoA (1) E 0) O N N N � VL.r1 - cr m- rn ON w 00 co — b)- b N be1, b 0 C- a) N 4--r -4--P L (1) N fU N L v U E E E c U 0 D U C • a C N. Lin N M CO V d" 0 c� [�C V., r CO � fh CO ▪ V 0 • Q a N M Os M M (,T E 4 O` O'+ 00 ON O� O• — 1.f'a n cr N N h. N ii= — N m b4 be)- N ... N L U L C rd U in cu a) a� 1!: O C O c O C U U U D a. v u a u 1 General Liability Litigation attorney added. a) (d a) L V = N � 4-) L N N V a) -3.) c N � CL 0 i< —p E N O = d •E •� N N a L C 4--) Cl- V • O N c 5 C' a O -° E c (Tic O •O 0 E - c V _ E N government. 2.2% or $367K (based on claims E 0 N •V a) 0 cd E N 0 bO N O �� tt cd C V C CL 0 c O L a O w N m cri W Z 0 © > winal u •4.1 p to u cu -hi © • E (i) .0 0 .0 u � cu 0_ s. &' IA 0 0 el CD CD CO ma u F • C i © L = cO `~ t 0 c = CD #1 ro 0) (1) L u G s = '- L © i 'u 1 s .49 - ui C 11 = 0N. M O M M N. O CA rn M — CO — CO I.. O' N. M M C. Lfl %X) Nt- M — N' 64 M — szt ' 'p N — 00 0\ 0\ N M O O op O N \o N Le) 00 rn co � CC) N r O O CO'' — Lr1 a'. 1.r) Ln —' N M .0'' N M 00,' N rn r- — O O'' — N ON_ M Sri ' CO' Sri N VI- a. rn N. 00 0 N Cr • N 'I — 00 0. ON CT+ - N' N. 00 N. .0 — 03. CO Ir1 N 00 Of3' O N � �» CO N. 00 .0 N. — (fl s CO N. Cr. N — — — 0 0 a% — M 111 Lr'1' Lr1 O\ r"l 614 N 'Cr CN *.0 Li1 N 0:3 N 'C} O Lrl a+' (.D \rp O' — '.0 Lfl 00 N Nr rn 00 ' N 0' N H a) C U O c o N d J , Nt co V D_ fU a) O o aa)) L > Ce w r., a) E a) L1 f-N a) a) V a O a L = c a) a) ©' Q' m O CI > U a) X a) 0 C .� a) L a) O L .= a) C U a) 4--) C a) U a) 0 a) U O c .v_' M = C = O N ai N 4) L C 4--) a) E o > JD c c o Z rs4 0 0 cu 1 1 o 1 over current year E N rri 69- tt N > N 0 c tt tt N N L > L.L L cn • — a) -vim m vi -v C r, a) . O U 0 '0 0_ a Transfer to Visitors' $100,000 budgeted for Convention Center maintenance. L C 0 0 L v) O .0 0 L n -D L O• _o = M N ct O 10 L 69- cQ v v) • O L 10 0 0 U v) aC O O -v L C d LA cd txo O la L 'O cj cd > C d N O 0 O L U S- S- o a ct a c Co >. 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