Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 12/14/2010 (S)SUPPLErII~ENTAL ADENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS '1201 LEOPARD ST. DECEMBER i4, 2014 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the fouowing addition to the agenda of the City Council to be considered at the above meeting; 4 K. REGULAR AGENDA ~'• ~ ~' ~ • Z 30.1. a. Resolution approving a Business Incentive Agreement for expanding, renovating and equipping research laboratories between the Corpus Christi Business and Job Development Corporation and Texas A & M University --Corpus Christi (uTAMU-CC"), which provides a grant of up to $1,000,000, for expanding its research activities at TAMU-CC over a five year period and authorizing the Gity Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TAMU-CC Business Incentive Agreement for expanding, renovating and equipping research laboratories, b. Ordinance appropriating $1,000,000 from the Unreserved Fund Balance in the No. 1140 BusinesslJob Development Fund for a grant from the Carpus Christi Business and Job Development Corporation to Texas A & M University -Corpus Christi fior expanding, renovating and equipping research laboratories at TAMU-CC, changing the FY 2010-2011 Operating Budget, adopted by Ordinance Na. 028252 by increasing proposed expenditures by $1,000,000. 30.2. a. Resolution approving a usiness Incentive Agreement for job training between the Carpus risti business an ob Development orporation regar mg impleme tion and adminis ~e B n®ss Incentiv Agreement for job mi a d retention of lobs. and Coastal Bend cohol and Drug R abilitation Center nc. ("Chi Place"), a Texa non-profit carpar 'an, which provi a grant of $336,000 fo Job training an authorizing the y Manager designee execute a Bu ' ess Incentive Prgg' ct Support ree with th Corpus Christ' usiness and Jak~Developmen oraar ~~~~~~~4 ~(~1ftiG°~~„~L ~~ ~V ~~~~~~ tj his `V11 i f Yl~rt~~~ meat tion of the~arlie's Place ng program and the creation b. Ordinance appropr ing $336,0 from the Unrese ed Fund Bala e in ~ ~~r the No. 1140 ~ iness{Job evelopment Fun or a grant f the Corpus Chr~ti" Business a Job Developm Corporatio Goastai Bend AI hol and Drug habilitation Curt r, Inc. ("Char' s Place") for job tr 'ing; changing a FY 2010-20 Operating B get, adopted by Or ' once No. 02 52 by incre ing propose expenditures by 36,000. 30.3. a. Motion authorizing the City Manager or his designee to execute a contract with Alamo Lawn Care, LLC of Corpus Christi, Texas, based on multiple progressive awards, In the amount of $72,890, of which $40,560 is required for FY 2010-2011, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 1 a and 2. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to~ approval of the City Manager or his dasigne®. ~ ® 9 b. Motion authorizing the City Manager or his designee to execute a ~` ~ contract with D-Bar Contractors of San Benito, Texas, based on multiple ~ ~ progressive awards, in the amount of $155,146.80, of which $88,369.60 is required for FY 2010-2011, to provide turfi and grounds maintenance services at Bayfront Parks and Medians far Groups 4, 5 and 6. The term of the contract will be far twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. 2 a ~ ® 3 c. Motion authorizing the City Manager or his designee to execu#e a ~~~ contract with Maldonado Nursery and Landscaping of San Antonio, Texas, based an multiple progressive awards, in the amount of $58,223, of which $37,988 is required far FY 2010-2011, to pravlde turf and grounds maintenance services at Bayfronfi Parks and Medians for Groups 1 and 3. The term of the contract will be for twelve months with the option to extend the contract far up to four additional twelve month periods, subject to the approval of the Gity Manager or his designee. X010 3~ ~. !r POSTING STATEMENT: This supplemental agenda was posted on the City's off'cial bulletin board at the frcnt entrance to City Hall, 1201 Leopard street, at '~ ~~ p.m., December 10, 2010. ,~~ ~~~ Armando Ghapa ~~ City Secretary RELATED TO ITEM 30.1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12 -14-10 AGENDA ITEM: A. Resolution approving a business incentive agreement for expanding, renovating and equipping research laboratories between the Corpus Christi Business and Job Development Corporation and Texas A & M University — Corpus Christi ( "TAMU -CC "), which provides a grant of up to $1,000,000, for expanding its research activities at TAMU -CC over a five year period and authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TAMU -CC business incentive agreement for expanding, renovating and equipping research laboratories B. Ordinance appropriating $1,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Texas A & M University - Corpus Christi for expanding, renovating and equipping research laboratories at TAMU -CC; changing the FY 2010 -2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $1,000,000; and declaring an emergency ISSUE: To assist Texas A &M University Corpus Christi's ability to increase its research capacity by being able to draw on $1 million over a 5 -year period for the equipping and /or renovations of research laboratories. REQUIRED COUNCIL ACTION: Approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University — Corpus Christi PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Approval of the business incentive agreement as approved by the Type A Board on November 29, 2010 Attachments Emily 45 ine CC Regional Econom ' evelopment Corp emartinez @ccredc.com 882 -7448 BACKGROUND INFORMATION In 2009, Texas House Bill 51 designated 7 Universities in Texas as Emerging Research Universities; none were in South Texas and none were from the Texas A &M University System. Texas A &M University - Corpus Christi ( "TAMU -CC ") has been challenged by Chancellor McKinney to be recognized as an Emerging Research University in five years. To meet this challenge TAMU -CC must double its annual grant expenditures from approximately $16 million per year to $30 million per year. Their strategy is to hire research - intensive faculty who can generate over $200,000 per year in research expenditures. On November 29, 2010, TAMU -CC requested $1.5 million through the Corpus Christi Business and Job Development Corporation (Type A Board) to assist the University's ability to increase its research capacity by constructing, renovating, furnishing, and equipping additional research laboratories. This will enable TAMU -CC to compete for research intensive faculty. Research intensive faculty hires will be individuals that are at the cutting edge of critical research fields, such as engineering, computer science, physical science, and allied health, that are likely to produce technologies that can be commercially exploited, and lead to business opportunities in the Corpus Christi area. The ordinance that authorized the 2002 ballot, which adopted the 118 cent economic development sales tax, authorized the use of the economic development funds for three economic development activities: a) Education /Skills Development. b) Business Development /Incubation. c) Jobs. This grant qualifies under the education /skills development and the business development/incubation ballot language. Primary job training facilities for use by institutions of higher education are authorized projects for the use of Type A funds by §501.101(2) (K), Texas Local Government Code. Scientific research qualifies as a primary job, and the funds can be used for building, fixtures, furniture, and equipment. The Type A Board only approved a $1.0 million incentive to be paid over 5- years. The requested funds will be used to for the construction, renovation, furnishing, and equipping of additional research laboratories. The grant requires TAMU -CC to obtain $1 million in matching grants from the Texas Research Development Fund (TRDF) or other sources over the next five years. There is a growing critical mass of expertise and research in geospatial sciences at TAMU -CC and TAMU -CC believes it can become a world -class institute devoted to training, development, and application of geospatial sciences. The hiring of faculty members will benefit the community and university by generating an average of $200,000 in research expenditures per year for each new research faculty member and will increase the number and quality of TAMU - CC's graduate students in addition to providing research experiences for undergraduate students. Increasing research expenditures and the number and quality of Ph.D. programs is critical to TAMU -CC's goal of achieving emerging research institution status, which will allow TAMU -CC to leverage significantly more State funds in support of continued research growth. This grant will further TAMU -CC's mission of education, research, and economic development, and will promote entrepreneurship and technology commercialization. The University reports the direct economic benefit to the City of Corpus Christi from TAMU -CC is $125,386,796. This benefit is associated with $166.3 million in total direct spending, in which $62.4 million comes from the University, $62.5 million from the student population, $39.4 million from University employees, and $1.9 million fro visitors to the University. Currently, TAMU -CC boasts an employment total of 4,431 full -time jobs throughout Corpus Christi. Excluding student workers, 2,549 Corpus Christi residents are employed full time by the University, and 1,882 jobs are created as a result of economic activity related to the University. The University reports for every 1,000 students, 492 full -time jobs are added and $24 million per year is added to the local economy. These figures do not include as assessment of the impact of research and research- related activities. Performance Requirements: • Hire 8 new research faculty • Hire 16 graduate students • Hire 8 undergraduate students • Hire 4 technicians • Grant is contingent upon TAMU -CC receiving $1 million in matching grant funds Reporting Requirements: • Annually report the number of research laboratories expanded, rehabilitated, or equipped during the year • Amount expended on the expansions, rehabilitation, and equipping of each research laboratory during the year • The name and qualifications of each research faculty member hired and the annual salary • The name and annual salary of each graduate student, undergraduate student, and technician hired • The identification of any businesses located within the City of Corpus Christi that have been assisted by the research conducted • The number of jobs created and average annual salary by any businesses located within the City of Corpus Christi that have been assisted by the research conducted • Any revenue or compensation received by TAMU -CC for the use of any intellectual property developed by the research faculty member The faculty, graduate students, undergraduate students, and technicians will be involved in various aspects of undergraduate education and training, which will help ensure that students are graduating with the necessary skills and education to perform the more technical jobs created by the local business' exploitation of the intellectual property developed by the research - intensive faculty. With the assistance of the Coastal Bend Business Innovation Center at TAMU -CC, these initiatives should lead to the creation of primary jobs in the local economy. Page 1 of 3 RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT FOR EXPANDING, RENOVATING AND EQUIPPING RESEARCH LABORATORIES BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY — CORPUS CHRISTI ( "TAMU -CC "), WHICH PROVIDES A GRANT OF UP TO $1,000,000, FOR EXPANDING ITS RESEARCH ACTIVITIES AT TAMU -CC OVER A FIVE YEAR PERIOD AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TAMU -CC BUSINESS INCENTIVE AGREEMENT FOR EXPANDING, RENOVATING AND EQUIPPING RESEARCH LABORATORIES WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds for job training and education to insure the knowledge and skills required for the jobs of the future are in place, funds to help develop and incubate small and start -up companies, and funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has received a request from Texas A & M University — Corpus Christi ( "TAMU -CC ") for funds to expand, renovate, and equip research laboratories at TAMU -CC, which will result in TAMU -CC expanding its research faculty and activities, which will help train and educate graduate and undergraduate students for future research related jobs in the community, and will provide a catalyst for the development of new commercial businesses in the community who can utilize the intellectual property developed by the University's research faculty; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the expansion, renovation, and equipping of research laboratories between the Type A Corporation and TAMU -CC; and WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for expansion, renovation, and equipping of research laboratories between the Type A Corporation and TAMU -CC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and TAMU -CC that provides for expanding, renovating and equipping research laboratories at TAMU -CC, which is attached to this resolution as Exhibit A, is approved. RESOLUTION -- TAMU- CCBusiness Incentive Agreement- 12- 09- 2010.doc Page 2 of 3 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with TAMU -CC, which is attached to this resolution as Exhibit B. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 9th day of December, 2010. R. .y'- ping First Assistant C. Attorney For City Attorney RESOLUTION -- TAMU- CCBusiness incentive Agreement- 12- 09- 2010.doc Page 3of3 Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong RESOLUTION — TAMU- CCBusiness Incentive Agreement- 12- 09- 2010.doc BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR EXPANDING, RENOVATING AND EQUIPPING RESEARCH LABORATORIES This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Texas A & M University -- Corpus Christi, a Texas institution of higher education ( "TAMU -CC" ). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises authorized the use of the funds to make grants to organizations to provide training and education to insure the knowledge and skills required for the jobs of the future are in place; Page 1 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 Exhibit A WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises also authorized the use of the funds to assist small and start -up companies that have the ability to produce jobs for the future; WHEREAS, the heading in the ordinance calling the ballot measure that authorized the use of the funds to assist small and start-up companies carries the heading "Business Developmentllncubation;" WHEREAS, TAMU -CC requested $1,500,000 in funding from the Corporation to assist the University's ability to increase its research capacity by being able to draw on the $1,500,000 over a five year period for the equipping and renovations of research laboratories; WHEREAS, laboratories are essential to attract and retain top researchers not only for the University, but also for the City; WHEREAS, the University's ability to have . top -notch research facilities will benefit the City, since research activities are indirectly responsible for generating a skilled workforce, spinoff companies, and attracting new business and industry to the community; WHEREAS, successful high profile research activities also draw additional research support and related technologies to the community, as well as prestigious faculty and students; WHEREAS, the requested funds will be used to retrofit and properly outfit, with equipment and furnishings research laboratories, including the purchase of computer hardware and necessary research software; WHEREAS, the Corporation has $1,000,000 available to assist TAMU -CC expand it research activities; WHEREAS, the $1,000,000 will be paid out over a period of up to five years to attract new research faculty members by allowing the University to expand, renovate, and fully equip the needed research Tabs; WHEREAS, the essential research laboratory modifications will enable the University to increase its research capacity over the next five years, with a total of eight new research faculty positions, 16 graduate students, eight undergraduate students, and four technicians; WHEREAS, the Corporation's grant will enable the TAMU -CC to match $1,000,000 in grants from the Texas Research Development Fund (TRDF), or other sources, over the next five years; WHEREAS, in order for TAMU -CC to compete for research - intensive faculty, TAMU -CC must offer start -up costs, instrumentation, and space for laboratories, graduate students and staff, which rival universities are offering; Page 2 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 WHEREAS, while TAMU -CC has a pressing need for a new building to meet laboratory needs, in the meantime it must rely on refitting, redesigning, and upgrading existing spaces; WHEREAS, there is a growing critical mass of expertise and research in geospatial sciences at TAMU -CC, and TAMU -CC's believes it can become a world -class institute devoted to training, development, and application in geospatial sciences; WHEREAS, the hiring of faculty members will benefit the community and university by generating an average of $200,000 in research expenditures per year for each new research faculty member, and will increase the number and quality of TAMU -CC's graduate students and also provide research experiences for undergraduate students; WHEREAS, in addition to the new research faculty positions created for the new labs, each new research faculty member will support an average of two graduate students and one undergraduate student worker, plus a technician, which will, conservatively, lead to over 40 additional hires at TAMU -CC, generating an average annual payroll of close to $1,000,000; WHEREAS, increasing TAMU -CC's research faculty will improve the quality and external recognition of TAMU -CC's educational programs; WHEREAS, the research generated by research - intensive faculty and their graduate students will make TAMU -CC a strong partner for business development and incubation; WHEREAS, research - intensive faculty hires will be individuals that are at the cutting edge of research, such as engineering, computer science, physical science, and allied health, which are likely to produce technologies that can be commercially exploited, and lead to business opportunities in the Corpus Christi area; WHEREAS, with the assistance of the Coastal Bend Business Innovation Center at TAMU -CC, these initiatives should lead to the creation of primary jobs in the local economy. WHEREAS, the faculty, graduate students, and technicians will be involved in various aspects of undergraduate education and training, which will help ensure that students are graduating with the necessary skills and education to perform the more technical jobs created by the local business' utilization of the intellectual property developed by the research - intensive faculty; WHEREAS, increasing research expenditures and the number and quality of Ph.D. programs is critical to TAMU -CC's goal of achieving emerging research institution status, which will allow TAMU -CC to leverage significantly more State funds in support of continued research growth; WHEREAS, the Corporation's grant will further TAMU -CC's mission of education, research, and economic development; Page 3 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 WHEREAS, the Corporation's grant will promote entrepreneurship and technology commercialization; WHEREAS, increased research at TAMU -CC will help diversify the City's tax base, create wealth in the community, and generate licensing revenue to TAMU -CC; WHEREAS, TAMU -CC proposes to; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU -CC agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for six years beginning on the effective date. 3. Performance Requirements and Grants. a. The Corporation will pay TAMU -CC up to $1,000,000 for the expansion, renovation, and fully equipping research laboratories, including the purchase of fixtures, furnishings, equipment, and personal property (which may include computers and research software), that will enable TAMU -CC to increase its research capacity over the term of this Agreement. b. TAMU -CC shall during the six years of this Agreement hire a total of eight new research faculty, 16 graduate students, eight undergraduate students, and four technicians, under the schedule illustrated in Exhibit A, which is attached to and incorporated into this Agreement. c. The grant provided in subsection a of this section is conditioned upon TAMU -CC receiving $1,000,000 in matching grants from the Texas Research Development Fund or other State or local sources. d. TAMU -CC shall annually report its actual investments in the research laboratories, and provide documentation to support the report to the Corpus Christi Business and Job Development Corporation. e. The amount reimbursed by the Corporation may not exceed $1,000,000. f. On the annual anniversary of the effective date of this Agreement, TAMU -CC shall report to the Corporation the following information: (1) Number of research laboratories expanded, rehabilitated, or equipped during the year. (2) Amount expended on the expansion, rehabilitation, and equipping of each research laboratories during the year. Page 4 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 (3) Amount of matching funds received from the Texas Research Development Fund or other sources. (4) The name and qualifications of each research faculty member hired to work in a laboratory expanded, rehabilitated, or equipped with funds from the Corporation, and the faculty member's annual salary. (5) The name and annual salary of each graduate student, undergraduate student, and technician hired to assist each research faculty member hired to work in a laboratory expanded, rehabilitated, or equipped with funds from the Corporation. (6) The identification of any businesses located within the City of Corpus Christi that have been assisted by the research conducted in any laboratory expanded, rehabilitated, or equipped with funds from the Corporation. (7) The number of jobs created by any businesses located within the City of Corpus Christi that have been assisted by the research conducted in any laboratory expanded, rehabilitated, or equipped with funds from the Corporation. (8) The average annual salary of any businesses located within the City of Corpus Christi that have been assisted by the research conducted in any laboratory expanded, rehabilitated, or equipped with funds from the Corporation. (9) Any revenue or compensation received by TAMU -CC for the use of any intellectual property developed by the research faculty member who used, or by any other person in, any laboratory expanded, rehabilitated, or equipped with funds from the Corporation. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. A student employee job will be determined in accordance with university policy. d. TAMU -CC agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement Page 5 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 certifying the number of full -time permanent employees employed by the business. d. TAMU -CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement, as applicable to the licensing agreement. 5. Buy Local Provision. a. TAMU -CC agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. TAMU -CC warrants and represents to Corporation the following: a. TAMU -CC is an institution of higher education established under the laws of the State of Texas, has all power and authority to carry on its activities as presently conducted in Corpus Christi, Texas. b. TAMU -CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU -CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. TAMU -CC has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU -CC are duly authorized to execute this Agreement on behalf of TAMU -CC. 7. Compliance with Laws. TAMU -CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. TAMU -CC covenants and agrees that TAMU -CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the Page 6 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or TAMU -CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU -CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. TAMU -CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent authorized by law, TAMU -CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "lndemnitees, against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU -CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. TAMU -CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of TAMU -CC to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. Page 7 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 b. The Corporation or City determines that any representation or warranty on behalf of TAMU -CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against TAMU -CC or any attachment or other levy against the property of TAMU -CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. TAMU -CC makes an assignment for the benefit of creditors. e. TAMU -CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by TAMU -CC become delinquent, and TAMU -CC fails to timely and properly follow the legal procedures for protest or contest. g. TAMU -CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that TAMU -CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU -CC in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for TAMU -CC to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU -CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU -CC shall immediately repay all funds paid by Corporation under this Agreement. b. TAMU -CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to TAMU -CC under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. Page 8of12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU -CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU -CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. TAMU -CC specifically agrees that Corporation shall only be liable to TAMU -CC for the actual amount of the money grants to be conveyed to TAMU -CC , and shall not be liable to TAMU -CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be Tess than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU -CC to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU -CC: Texas A & M University -- Corpus Christi Attn: President/CEO Page 9 of 12 BUSINESS INCENTIVE AGREEMENT — TAMU -CC Research Labs - 12102010 6300 Ocean Drive, Unit 5756 Corpus Christi, Texas 78412 -5756 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU -CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held Page 10 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU -CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Boy Salazar Chairperson Armando Chapa Assistant Secretary Page 11of12 BUSINESS INCENTIVE AGREEMENT — TAMU -CC Research Labs - 12102010 Texas A & M University -- Corpus Christi By: Flavius C. Killebrew President/CEO Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by Flavius C. Killebrew, President/CEO, Texas A & M University -- Corpus Christi, a Texas institution of higher education, on behalf of the university. Notary Public State of Texas Page 12 of 12 BUSINESS INCENTIVE AGREEMENT -- TAMU -CC Research Labs - 12102010 C t C.) en Na) 7 L_ 2 U3 < I zco m (mac" w ��o N 2 al as H Q m co cu To 3 N E Uco O O O O O 1 O O O O 1- O O O O CD O O O 0 0•) ff# O O O 0 O co 0 0 O N co 0 0 O O 0 ca 69 0 O 0 T O 0 0 O O 0 0 O c) 69. co 0 0 N 0 O 0 O O O a O d3 N0 c O • 0 c V we CD N N N N c►) C) N N N O N c*7 N O N co O N BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Texas A & M University — Corpus Christi ( "TAMU -CC ") has submitted a proposal to the Type A Corporation for a $1,000,000 grant for expanding, renovating and equipping research laboratories and creation and retention of jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Texas A & M University — Corpus Christi's research laboratories, which will create new research jobs at the University, but more importantly will help train and educate graduate and undergraduate students for future research related jobs in the community, and provide a catalyst for the development of new Page 1 of 3 TAMU -CC Large Project Support Agreement Type A- City- 12- 09- 2010.doc Exhibit B commercial businesses in the community who can utilize the intellectual property developed by the University's research faculty by ion and retention of jobs; and WHEREAS , the Type A Corporation and Texas A & M University — Corpus Christi will execute a business incentive project agreement for the creation and retention of jobs related to Texas A & M University — Corpus Christi's research laboratories. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Texas A & M University — Corpus Christi related to Texas A & M University — Corpus Christi's research laboratories ( "Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The .effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or Page 2 of 3 TAMU -CC Large Project Support Agreement Type A- City- 12- 09- 2010.doc unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: December 9, 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 TAMU -CC Large Project Support Agreement Type A- City- 12- 09- 2010.doc Page 1 of 3 ORDINANCE APPROPRIATING $1,000,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1140 BUSINESS /JOB DEVELOPMENT FUND FOR A GRANT FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION TO TEXAS A & M UNIVERSITY — CORPUS CHRISTI FOR EXPANDING, RENOVATING AND EQUIPPING RESEARCH LABORATORIES AT TAMU -CC; CHANGING THE FY 2010 -2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED EXPENDITURES BY $1,000,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation to Texas A & M University — Corpus Christi for expanding, renovating and equipping research laboratories at TAMU -CC. SECTION 2. That Ordinance No. 028252, which adopted the FY 2010 -2011 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $1,000,000 for a grant from the Corpus Christi Business and Job Development Corporation to Texas A & M University - Corpus Christi for expanding, renovating and equipping research laboratories at TAMU -CC. 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary TAMU -CC research labs appropord 12102010.doc Joe Adame Mayor Page 2 of 3 APPROVED: December 10, 2010 R. ing First A istant C Attorney For City Attorn - y TAMU -CC research Tabs appropord 12102010.dac Page 3 of 3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Lea! John E. Marez Nelda Martinez Mark Scott Linda Strong TAMU -CC research labs appropord 12102010.doc RELATED TO ITEM 30.2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12 -14 -10 AGENDA ITEM: A. Resolution approving a business incentive agreement for job training between the Corpus Christi Business and Job Development Corporation and Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. ( "Charlie's Place "), a Texas non- profit corporation, which provides a grant of up to $336,000 for job training and authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Charlie's Place, business incentive agreement for job training program and the creation and retention of jobs B. Ordinance appropriating $336,000 from the unreserved fund balance in the no. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. ( "Charlie's Place ") for job training; changing the fy 2010 -2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $336,000; and declaring an emergency ISSUE: To assist Charlie's Place in providing a job training program to provide local employers with a clean, sober, well trained, and safer workforce REQUIRED COUNCIL ACTION: Approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation (Type A) and Charlie's Place PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Approval of the business incentive agreement as approved by the Type A Board on November 29, 2010 Attachments t �• CCEmily M 'go io al Econo 4 evelopment Corp emartinez @ccredc.com 882 -7448 BACKGROUND INFORMATION The Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. (Charlie's Place) is an alcohol and drug rehabilitation center, which was founded on the 12 -step principal of one addict or alcoholic helping another. Charlie's Place has grown into the largest non - profit residential treatment center in South Texas providing a complete continuum of care for adults, including medical detoxification, residential treatment and outpatient programs. On November 29, 2010, Charlie's Place requested $504,000 over three years for a job training program that will enable Charlie's Place to provide local employers with a clean, sober, well trained, and safer workforce. The Type A Board approved a two year job training program with grants not to exceed a total grant of $336,000. Clients will participate in detox and intensive residential services before entering the program. All residential clients (approximately 400 /year) will receive introductory course on job skills. Up to 70 clients per year will enter a more intensive job training program funded through this grant. Performance Requirements: • Implement a job training program to provide job training and placement services for 70 clients per year for two years • Provide an introductory course on job skills to 400 clients per year • Hire 1 job coach /developer to work with clients and liaison with local employers Job Training Program: • Include soft skills curriculum that trains clients on how to complete applications, prepare for interviews, educates clients on necessity of showing up to work on time, appropriate dress attire, etc • Life skills for vocational success curriculum • Employability skills curriculum • Assessment of clients current skill sets • Utilize an on -line tool to assess basic skills • Provide case management and follow up for one year after completion of residential portion of the program • Provide local employers with a package of assessments for each client offered for job placement that fits the employers needs Reporting Requirements: • Number of clients enrolled in the residential job training program, including the new clients, continuing clients, clients who successfully completed the residential program, clients who have dropped out • Number of clients who have received the introductory course on job skills • Number of residential job training clients employed as a result of the program • Type of employment obtained by clients placed with local employers • Type of local employer hiring clients placed by Charlie's Place • Number of interactions job training clients have had with law enforcement, other social services during the period • Type of housing clients have obtained upon successful completion of the job training program A BERRY Company September 27, 2010 Mr. Larry Churn, LBSW, LCDC Executive Director Charlie's Place P. 0. Box 4996 Corpus Christi, TX 78469 -4996 Dear Mr. Churn: P.O. Box 9908 1414 Valero Way (78409) Corpus Christi,Texas 78469 -9908 Bus: (361) 693 -2100 I am writing this letter in support of your proposal to the City of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass initial, as well as random drug test. We recognize that Charlie's Place plays an important role in the community by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. Berry Contracting LP (Bay Ltd.) fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We understand fully that this has the potential to create a safe, healthy workforce that will benefit both industry and the clients of Charlie's Place. We also understand that treatment provides a huge economic return on investment compared to the cost of providing legal, medical, and criminal justice support to those who do not receive treatment. We appreciate the opportunity to be a part ofthis project. Sincerel President & CEO Safety • Quality • Productivity The Winning Combination ivicAtilikripaim •mmo September 22nd, 2010 Larry Churn, LBSW, LCDC Executive Director Charlie's Place PO Box 4996 Corpus Christi, TX 78469 -4996 Dear Mr. Chum: I am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we increasingly find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays an important role in the community, by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. Sam Kane Beef Processors fully supports Charlie's Place efforts in the community, and is eager to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We have a solid understanding that this project will create a safe, healthy, motivated workforce. The treatment Charlie's Place provides not only returns the indigent and destitute to the workforce, it eliminates the costs of providing legal, medical and criminal justice support for each person retumed to the workforce as opposed to those that do not seek treatment. As it's not a compulsory program, these individuals are motivated to turn their lives around and become part of the economic engine of the Coastal Bend once again. We're determined to be a part of this project. Sincerely, (?"16fr Jeffrey Kane Comptroller Sam Kane Beef Processors WaterStreet Ltd. EXE U JE 1555 5151 *Java (CL: TEXAS SURF MUSEUM August 23, 2010 Larry Chum, LBSW, LCDC Executive Director Charlie's Place PO Box 4996 Corpus Christi, TX 78469 -4996 Dear Mr. Churn: I am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays an important role in the community, by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. WaterStreet, Ltd. fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We understand fully that this has the potential to create a safe, healthy workforce that will be benefit both industry and the clients of Charlie's Place. We also understand that treatment provides a hugs: economic return on investment compared to the cost of providing legal, medical and criminal justice support to those who do not receive treatment. We appreciate the opportunity to be a part of this project. 309 -A North Water Street Corpus Christi, TX 78401 Phone (361)882 -2211 Brad Lomax President/Owner ! u I u 11: t U t11 l rt 3 1 tvl r ult I o (;)1 Mercedes-Benz 1V U. ftil r, I Ed Hicks Imports, Ltd. October 18, 2010 Larry Churn, tBSW, LCDC Executive Director Charlie's Place PO Box 499€ Corpus Christi, TX 78469 -4996 Dear Mr. Churn: I am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As are employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays an important role in the community, by pr€avvlding not only drug treatment, but also the eduction and training necessary to be a successful employee, as well as productive member of society. Ed Hicks Imports, Ltd. fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place wfth our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. we understand fully that this has the potential to create a safe, healthy workforce that will be benefit bath industry and the clients. of Charlie's Place. We also understand that treatment provides a huge economic return on investment compared to the cost of providing legal, medical and criminal justice support to those who do not receive treatment. We apps elate the opportunity to be a part of this project Sincerely, Gloria Hicks Ed Hicks Imports, Ltd, 3026 5. Padre Island Dr. Corpus Christi, TX 78415 3026 South padre Island Dave Telephone: 361.854.7955 www.adhicks.com Corpus Christi, Te S 7841 5 -1 81 4 FAY, .361.655,4025 lull Free: 000.2g9.1.0.00 FULTON CONSTRUCTION• CORPORATION / COASTCON CORPORATION GENERAL CONTRACTORS A Joint Venture August 23, 2010 Larry Churn, LBSW, LCDC Executive Director Charlie's Place PO Box 4996 Corpus Christi, TX 78469 -4996 Dear Mr. Churn: I am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays • an important role in the community, by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. Fulton *Coastcon fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We understand fully that this has the potential to create a safe, healthy workforce that will be benefit both industry and the clients of Charlie's Place. We also understand that treatment provides a huge economic return on investment compared to the cost of providing legal, medical and criminal justice support to those who do not receive treatment. We appreciate the opportunity to be a part of this project. Sin Phi ip Skrobarczyk POST OFFICE BOX 9486 CORPUS CHRISTI, TEXAS 78469 (361) 993 -5200 FAX (361) 993 -8005 October 4, 2010 Larry Churn, LBSW, LCDC Executive Director Charlie's Place PO Box 4996 Corpus Christi, TX 78469-4996 Dear Mr. Churn: Otis Peaks Vice President Human Resources Tel: 361.693.3647 Cell: 361.244.0359 Fax: 361.693.3719 opeaks @susser.com 1 am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays an important role in the community, by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. Stripes LLC, fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We understand fully that this has the potential to create a safe, healthy workforce that will be benefit both industry and the clients of Charlie's Place. We also understand that treatment provides a huge economic return on investment compared to the cost of providing legal, medical and criminal justice support to those who do not receive treatment. We appreciate the opportunity to be a part of this project. Sincerely, Otis Peaks Vice President of Human Resources Street Address: 4525 Ayers Street, Corpus Christi, Texas 78415 Mailing Address: P.O. Box 9036, Corpus Christi, Texas 78469.9036 www.susser.com APPINE 361- 884 -6326 'Mai 7174 P.O. BOX 1819 • 2001 N. PORT AVENUE • TACLA2729SE CORPUS CHRISTI, TEXAS 78403 • FAX: 361. 884_9612 www.scatt- electiric.camn SC ®TT TELECOM it • 361 -885 -0707 SC��UTT' A'S Conditioning & Heating Co. 361 - 884-8909 September 27, 2010 Larry Churn, LBSW, LCDC Executive Director Charlie's Place PD Box 4996 Corpus Christi, Texas 78469 -4996 Dear Mr. Churn: I am writing this letter in support of your proposal to the city of Corpus Christi's Type A Board (Economic Development). As an employer in Corpus Christi, we continue to find it difficult to identify and hire individuals who can pass an initial, as well as random, drug test. We recognize that Charlie's Place plays an important role in the community, by providing not only drug treatment, but also the education and training necessary to be a successful employee, as well as productive member of society. Scott Group fully supports Charlie's Place efforts in the community, and is willing to accept referrals of potential employees from Charlie's Place. All normal hiring practices will be followed. We will provide Charlie's Place with our hiring practices so they can make appropriate referrals to our company. All candidates will be interviewed without prejudice. We understand fully that this has the potential to create a safe, healthy workforce that will benefit both industry and the clients of Charlie's Place. We also understand that treatment provides a huge economic return on investment compared to the cost of providing legal, medical and criminal justice support to those who do not receive treatment. We appreciate the opportunity to be a part of this project. Sincerely, cott Group Michael D. Hope, Vice -Pre MDH /dh Branch Office: 502 East Expressway 83, Suite 13 • Weslaco, Texas 78596.956 -968 -9400 • Fax: 956-968-9444 Regulated by The Tessa Department of Licensing and Regulation, P.O. Sox 12157, Auslin,TX 79711,1 -8D4- 603.9202.512.453.6599 UrrftedWay webeite: www lieanee.ataioe.b.uycompieinCa 5. o� oPzi u � 0 15" " o d 1 � C 0 etl PC )x tll t$ F�A 0 E CD r- P 5 )1A CM CD iii 0 171 C ii Si c� ro X D z a a al v) -o 0 o a -h o 0 rt (D C < CL -0 n' o rt- rD CL 0 3 3 OD.101>IJOM JOIEs ■ Fool apinom ure.z2o.zd Jo MOD 3 n 0 rt- cn 0 CL cD t fD 3 fD O CD fD CA .-1 0 X. 3 r+ cD fD-p 0 0 "C) fD fD tRuap!sa i 0 CD CD [D O CL 0 0 1 CD col• fD CL F.) A) rD cn Cr D. as w-a- o r CA 0 CL CD 0 X CL CD col <' 0 0 fD CA <. c 1) r—r CD CD O 0 0 Uri n O p, 3 rD c D3 o' cra p,cD CD a -v o o < O o O -v O o rD ova 43 • CAD CD cn, o-0 c oa 3 z 3 at O < n f'D Cr N (011 A) w C CD n 0 3 � n � oo 3 o TC _ z _ 3 • ova C tn v) CD = Cr CD ora n' a CAD vi ■ m CD 3 -0 o CD Pa r O C _= CD r cn 7 C n. En 3 es' g) ri- r.. -" m '74 vi IN Vi 7- - ▪ - 15' -' o- n - � O . � , n n n S 2 E S O E CD CL 5. 3 3 Q _ Crg n 0 0 c 3 Is � o r° ET EA o C iota 7 41.3 O c w -v c 17 3 7° , X O c m- '0 O n !n CD CD 77 cn CL CD 11.) . CD 01:1 p • sluauzaja uzRzo.zd cn o fD ° o a < < En a . � . c c 77 77 -v o n ▪ S as (D tn X rD -v � Cis, = -1 cn (D o fDD c cD (f) o 3 o o • o o as -v n rt n o z- = rt- (D En = as c fD o in `< C cD n 0 al Cfl Vi CD CD 0 CD O o = fD cn 3 -, n- as O'Q CO CD P 7 6 n rt 7 a `v fD rD fl i• CL ii 3 A) rD C -v as u, as o a P (D 3 00 0 O 0 11 -0 X 3 r+ cD O r+ (DD CD rt- N O O 0 CD O CO f1� CD O —1 ((D O o CD ca o Cr O 3 Cr 3. r tza CL fD fI <, fD XI CO fD C fD n CL ra fD a o O 3 (p , O 3 rD r' 3 ri 0 O n ph)' 0 Z -3 -,j c O O 3 -, ca oa rt- rt- o n O 3. 3 fD cn fD 3 (v fD o � fD r 3 � v O Ott fD 3 (1) h) fD ncreased contribution to tax base !DUE JO asn pasE'aJDaa 'r n n CD CD ID vi r CD CD CL "CI o o -0 F1: o r+ C • rt 1 - o 3 CD n CD -• rci • cn o 4 c -s, CD luawXoidwa Page 1 of 3 RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT FOR JOB TRAINING BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER, INC. ( "CHARLIE'S PLACE "), A TEXAS NON - PROFIT CORPORATION, WHICH PROVIDES A GRANT OF UP TO $336,000 FOR JOB TRAINING AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE CHARLIE'S PLACE, BUSINESS INCENTIVE AGREEMENT FOR JOB TRAINING PROGRAM AND THE CREATION AND RETENTION OF JOBS WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Charlie's Place submitted a proposal to the Type A Corporation for a job training that will provide local employers with a clean, sober, well trained, and safer workforce; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for job training between the Type A Corporation and Charlie's Place; and WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for job training between the Type A Corporation and Charlie's Place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for job training between the Type A Corporation and Charlie's Place, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute the project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Charlie's Place, which is attached to this resolution as Exhibit B. RESOLUTION -- Business Incentive Agreement - Charlies Place 12092010.doc ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 9th day of December, 2010. R. J%r Rerfiing First Assistant fly Attorney For City Attorney RESOLUTION — Business Incentive Agreement - Charlies Place 12092010.doc Page 3 of 3 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong RESOLUTION -- Business Incentive Agreement- Chalies Place 12092010.doc BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER, INC. FOR THE CREATION AND RETENTION OF JOBS This Business Incentive Agreement for the Creation and Retention of Jobs ( "Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. ( "Charlie's Place "), a Texas non- profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle Cl, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Charlie's Place is an alcohol and drug rehabilitation center, which was founded on the 12 -step principal of one addict or alcoholic helping another; Page 1 of 10 BUSINESS INCENTIVE AGREEMENT — Charlies Place 12092010.DOC Exhibit A WHEREAS, Charlie's Place has grown into the largest non- profit residential treatment center in South Texas; WHEREAS, Charlie's Place provides a complete continuum of care for adults, including medical detoxification, residential treatment and an outpatient programs; WHEREAS, Charlie's Place staff works with clients to help them understand their addictions, teach them how to rebuild their lives, and give them the skills needed to live a sober life; WHEREAS, Charlie's Place job training program will provide local employers with a clean, sober, well trained, and safer workforce, create a return on investment to community, and provide an expanded pool of qualified applicants; WHEREAS, Charlie's Place job training program will reduce use of other services supported by community; WHEREAS, under Charlie's Place job training program clients will participate in detox and intensive residential services before entering program and all residential clients will receive introductory course on job skills (approximately 400 clients per year); WHEREAS, Charlie's Place job training program approximately 70 clients per year will enter a more intensive job training program funded through this grant; WHEREAS, Charlie's Place will hire 1 job coach /developer to work with clients and liaison with local employers; WHEREAS, Charlie's Place job training program will have a soft skills curriculum -- completing applications, preparing for interviews, showing up on time, appropriate dress, etc., provide life skills for vocational success curriculum, an employability skills curriculum, provide an assessment of current skill sets, and utilize www.eskills.com to assess at minimum: basic math, customer service, basic computer skills, English language skills, spelling, and vocabulary, as well as other skills determined by potential employers WHEREAS, Charlie's Place job training program will provide case management and follow up for one year after completion of residential portion of program; and WHEREAS, Charlie's Place job training program will be benefit local employers by providing and expanded pool of applicants, with a package of assessments to fit the employers needs, and follow up for 1st year of employment to ensure success; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Charlie's Place agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. Page 2 of 10 BUSINESS INCENTIVE AGREEMENT — Charlies Place 12092010.DOC 2. Term. The term of this Agreement is for three years beginning on January 1, 2011. 3. Performance Requirements and Grants. a. Charlie's Place shall implement a job training program, which will provide job training and placement services for up to 70 clients per year for two years. b. Charlie's Place shall provide an introductory course on job skills to at least 400 clients per year for two years. c. Charlie's Place shall hire one job coach /developer to work with clients and liaison with local employers. d. Charlie's Place's job training program must include the following features: (1) Soft skills curriculum that trains clients on how to complete applications, prepares clients for interviews, educates clients on the necessity of showing up for work on time, educates clients on appropriate dress, etc. (2) Life skills for vocational success curriculum. (3) Employability skills curriculum. (4) An assessment of clients current skill sets. (5) Utilize www.eskills.com or equivalent tool to assess at minimum: basic math, customer service, basic computer skills, English language skills, spelling, and vocabulary, as well as other skills determined by potential employers. (6) Provide case management and follow up for one year after completion of residential portion of program. (7) Provide local employers with a package of assessments for each client offered for job placement that fits the employers needs. e. Charlie Place shall track and report to the Corpus Christi Regional Economic Development Corporation every six months the following data: (1) The number of clients enrolled in the residential job training program, including the number of new clients, number of continuing clients, number of clients who successfully completed the residential program, and number of clients who have dropped out of the program. (2) The number of clients who have received the introductory course on job skills. Page 3 of 10 BUSINESS INCENTIVE AGREEMENT -- CharIles Place 12092010.000 (3) The number of residential job training clients who are employed as a result of the program, including the following details: (1) Number of clients placed with local employers. (2) Number of clients who remain employed after six months. (3) Number of clients who remain employed after one year. (4) Number of clients who remain employed after 2 years. (5) Wages earned by clients placed with local employers. (6) Benefits earned by clients placed with local employers. (7) Type of employment obtained by clients placed with local employers, such as management, professional, skilled labor, retail sales, etc. (8) Type of local employer hiring clients place by Charlie's Place, such as refinery, metal fabrication, retail sales, etc., and whether or not the employer is a primary employer. (4) Number of interactions job training program clients have had with law enforcement, other social services during the period. (5) Type of housing clients have obtained upon successful completion of the job training program. f. The Corporation will reimburse Charlie's Place $2,400 for each client that completes the program and is placed with a local employer. g. The reimbursements paid to Charlie's Place may not exceed $336,000 in any year. 4. Buy Local Provision. a. Charlie's Place agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. Page 4 of 10 BUSINESS INCENTIVE AGREEMENT -. Charlies Place 12092010.0OC 58. Warranties. Charlie's Place warrants and represents to Corporation the following: a. Charlie's Place is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Charlie's Place has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Charlie's Place has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Charlie's Place has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Charlie's Place are duly authorized to execute this Agreement on behalf of Charlie's Place. 6. Compliance with Laws. Charlie's Place shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 7. Non - Discrimination. Charlie's Place covenants and agrees that Charlie's Place will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 8. Force Majeure. If the Corporation or Charlie's Place are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Charlie's Place are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 9. Assignment. Charlie's Place may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. Page 5 of 10 BUSINESS INCENTIVE AGREEMENT — Chadies Place 12092010.DOC 10. Indemnity. Charlie's Place covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Charlie's Place activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Charlie's Place must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 11. Events of Default. The following events constitute a default of this Agreement: a. Failure of Charlie's Place to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation City determines that any representation or warranty on behalf of Charlie's Place contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Charlie's Place or any attachment or other levy against the property of Charlie's Place with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Charlie's Place makes an assignment for the benefit of creditors. e. Charlie's Place files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Charlie's Place become delinquent, and Charlie's Place fails to timely and properly follow the legal procedures for protest or contest. g. Charlie's Place changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. Page 6 of 10 BUSINESS INCENTIVE AGREEMENT -- Charlies Place 12092010.IJQC 12. Notice of Default. Should the Corporation or City determine that Charlie's Place is in default according to the terms of this Agreement, the Corporation or City shall notify Charlie's Place in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Charlie's Place to cure the event of default. 13. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Charlie's Place, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Charlie's Place shall immediately repay all funds paid by Corporation under this Agreement. b. Charlie's Place shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Charlie's Place under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Charlie's Place's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Charlie's Place is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Charlie's Place specifically agrees that Corporation shall only be liable to Charlie's Place for the actual amount of the money grants to be conveyed to Charlie's Place , and Page 7 of 10 BUSINESS INCENTIVE AGREEMENT -- Charlies Place 12092010.DOC shall not be liable to Charlie's Place for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Charlie's Place to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Charlie's Place: Charlie's Place Attn: Executive Director 5501 IH 37 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 8 of 10 BUSINESS INCENTIVE AGREEMENT -- Charlies Place 12092010.DOC 17. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines"), as amended, are incorporated into this Agreement. 18. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 19. Relationship of Parties. In performing this Agreement, both the Corporation and Charlie's Place will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 20. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 21. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 22. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 23. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Charlie's Place. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Page 9 of 10 BUSINESS INCENTIVE AGREEMENT -- Charlies Place 12092010.DOC 24. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. (Charlie's Place) By: Date: Larry Churn Executive Director THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by Larry Churn, Executive Director, Coastal Bend Alcohol and Drug Rehabilitation Center, Inc., a Texas non - profit corporation, on behalf of the corporation. Notary Public State of Texas Page 10 of 10 BUSINESS INCENTIVE AGREEMENT -- Charlies Place 12092010.DOC BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.8, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years, including making funds available for grants to organizations that provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting organizations that provide job training, retraining, and education that can lead to the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.8, Vemon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. has submitted a proposal to the Type A Corporation for a $504,000 grant for a three year job training program, which includes job placement services; Page 1 of 3 Project Support Agreement Type A- City- Charlies Place — 12092010.doc Exhibit B WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Coastal Bend Alcohol and Drug Rehabilitation Center, Inc.'s job training program for two years at not more than $336,000; and WHEREAS, the Type A Corporation and Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. have executed a business incentive project agreement for the creation and retention of jobs related to Coastal Bend Alcohol and Drug Rehabilitation Center, Inc.'s job training program. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. related to Coastal Bend Alcohol and Drug Rehabilitation Center, Inc.'s job training program ("Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this .Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Page 2 of 3 Project Support Agreement Type A- City - Charlies Place — 12092010.doc Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: December 9, 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Project Support Agreement Type A- City- Chadies Place — 42092010.doc Page 1 of 3 ORDINANCE APPROPRIATING $336,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1140 BUSINESS /JOB DEVELOPMENT FUND FOR A GRANT FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION TO COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER, INC. ( "CHARLIE'S PLACE ") FOR JOB TRAINING; CHANGING THE FY 2010 -2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED EXPENDITURES BY $336,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $336,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation to Charlie's Place for job training. SECTION 2. That Ordinance No. 028252, which adopted the FY 2010 -2011 Operating Fund, is changed to increase proposed expenditures in the No 1140 Business /Job Development Fund by $336,000 for a grant from the Corpus Christi Business and Job Development Corporation to Charlie's Place for job training. 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Charlies Place appropord 12102010.doc Joe Adame Mayor Page 2 of 3 APPROVED: December 10, 2010 R. -y First Assist City Attorney For City A orney Charlies Place appropord 12102010.doc Page 3 of 3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Charlies Place appropord 12102010.doc RELATED TO ITEM 30.3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a contract with Alamo Lawn Care, LLC of Corpus Christi, TX, based on multiple progressive awards, in the amount of $72,990.00, of which $40,560 is required for FY 10/11, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups la and 2. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. B. Motion authorizing the City Manager, or his designee, to execute a contract with D -Bar Contractors of San Benito, TX, based on multiple progressive awards, in the amount of $155,146.80, of which $89,369.60 is required for FY 10/11, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 4, 5 and 6. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. C. Motion authorizing the City Manager, or his designee, to execute a contract with Maldonado Nursery and Landscaping of San Antonio, TX, based on multiple progressive awards, in the amount of $58,223.00, which $37,988 is required for FY 10/11, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 1 and 3. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. ISSUE: Contracting the turf and grounds maintenance services at Bayfront Parks and Medians City Council has requested departments identify potential opportunities for privatization of services to be contracted with private businesses. The Parks and Recreation Department sees the Bayfront Parks and Medians turf and grounds maintenance as an opportunity to develop a more consistent mowing cycle and to provide a focus on maintaining an attractive appearance along the Tourist District. The maintenance of turf and grounds in the Bayfront Parks and Medians is under the Tourist District Division of the Parks and Recreation Department. The total budgeted funding allocated to the turf and grounds maintenance in these areas totals $305,442.00 to include salaries of nine full -time employees, four part-time employees, benefits associated with employees and supplies related to grounds maintenance. The total cost of the proposed contracts for privatization is $286,359.80. REQUIRED COUNCIL ACTION: Contracts in excess of $50,000 require Council approval. PREVIOUS COUNCIL ACTION: NONE. CONCLUSION AND RECOMMENDATION: It is recommended that the turf and grounds maintenance at the Bayfront Parks and Medians be privatized at a cost of $286,359.80 on a yearly basis. Miclkael Morris, Director Parks and Recreation MichaelMo @cctexas.corn (361) 826 -3464 Attachments: Background Information Exhibit A: List of Parcels Exhibit B: Mowing Areas — maps Exhibit C: Bid Tabulation Presentation BACKGROUND INFORMATION The Bayfront Parks and Medians comprise what is commonly known as the Tourist District Division of Parks and Recreation. The staff in the Tourist District are responsible for a variety of tasks in the parks and medians under their care. The tasks include mowing grass, picking up litter, emptying trash cans, maintaining irrigation systems, supporting special events, cleaning restrooms and monitoring and maintaining the amenities at the Bayfront Park. The currently mowing cycle in this area varies from 10 -14 days during the growing season. The mowing and landscape maintenance portions of Bayfront Parks and Medians are currently maintained by nine full -time and four part -time Parks and Recreation employees in the Tourist District Division. The general geographic areas included in the Bayfront Parks and Medians include Corpus Christi Beach, the Bayfront Museum and American Bank Center area, Downtown, Shoreline Drive Area, the Marina, Cole Park and parks along Ocean Drive. A complete listing of the parcels is attached in Exhibit A. Maps identifying these parcels and the groupings of parcels developed for the Request For Proposal (RFP) Process are also attached in Exhibit B. City Council has requested Departments identify potential opportunities for privatization of services to be contracted with private businesses. The Parks and Recreation Department sees the Bayfront Parks and Medians turf and grounds maintenance as an opportunity to develop a more consistent mowing cycle and to provide a focus on maintaining an attractive appearance along the Tourist District. This contractual arrangement will provide for a 7 -day mowing cycle in the growing season and will enable the contractors to focus solely on the maintenance of the turf and grounds in this area, thereby providing an improved service. The contractual arrangement includes mowing, trimming, edging, flower bed maintenance, mulch, pesticide application, fertilizer application and inspection and notification of any irrigation problems. The City issued an RFP for the Bayfront Parks and Medians Turf Grounds Maintenance in August of 2010. These properties were split into 7 groups (1, 1a, 2, 3, 4, 5, 6) consisting of approximately 207 acres of parkland. Proposals were issued to approximately 108 known mowing contractors listed on the City's database. Eleven proposals were received, eight from local contractors and three from non -local contractors. A committee comprised of representatives from the Park & Recreation, Management & Budget, Legal, Finance and Senior Management was formed, reviewed each proposal received and evaluated each based on the criteria listed in the RFP. Proposals were evaluated based upon Resources /Exceptions, Company Profile /Qualifications, References and Financial Cost. Early on in the evaluation discussions, the committee determined no one company should be awarded more that 2 groups under the contract. The intent of this decision was to ensure the City has backup contractors to fill a potential void created by an underperforming or nonperforming contractor. This backup was needed and has been employed, since one of the original four selected contractors backed out during contract negotiations. The committee is recommending awards be made to the three contractors receiving the highest overall scores for the respective groups, representing the best value for the dollar spent. Awards are made under a multiple progressive basis, which provides for backup suppliers for each group of properties. The attached award matrix (Exhibit C) represents the overall best value for the City. The prospective contractors to be awarded contracts underwent a reference check and review of their ability to perform the services requested. The three contractors selected are: • Alamo Lawn Care, LLC. (Corpus Christi) for groups 1a and 2 • D -Bar Contractors (San Benito) for groups 4, 5 and 6 • Maldonado Nursery and Landscaping (San Antonio) for groups 1 and 3 Pg 2 - Background The contractors from outside the Corpus Christi area have indicated they will be hiring numerous local employees to fill their workforce to meet the contractual obligations. The privatization of turf and grounds maintenance in the Bayfront Parks and Medians will impact nine (9) current employees in the Parks and Recreation Department. These nine employees will be subject to the City's Reduction In Force (RIF) Policy, which is based on seniority or a last in, first out process. The total cost associated of nine full -time employees, four part -time employees, the related materials and supplies used for turf and grounds maintenance is $305,442.00. The total cost of the contracts to privatize the Bayfront Parks and Medians turf and grounds maintenance is $286,359.80. Secondary providers are built into the contracts on a multiple progressive basis in case any of the primary service providers are unable to perform the assigned services. Should the secondary service providers be needed in any of the areas, it would result in a need for additional funding to be allocated. It is not anticipated that the secondary contracts will be needed, however this will serve as the back up plan should the need arise. The contract will be managed by the Parks and Recreation Department to include scheduling of work each week, inspection of work performed and authorization of payment for work performed. The total savings proposed by the privatization of turf and grounds maintenance in the Bayfront Parks and Medians is $19,082.20. This total reflects the cost associated with nine full -time and four part-time employees after implementation of the City's RIF Policy, the related materials and supplies used for turf and grounds maintenance ($305,442.00), minus the cost of the primary contracts ($286,269.80). It is anticipated that additional allocation cost savings will occur in the FY2012 budget due to the reduction of worker's compensation claims, liability costs and other personnel related allocations. There are impacts to consider with the decision to privatize turf and grounds maintenance in the Bayfront Parks and Medians. The loss of nine full -time and four part -time employees will impact the ability of the Tourist District Division to respond to Special Events, Holiday Beach Cleaning (Spring Break, Easter, Memorial Day, Fourth of July, Labor Day, etc.) and other special projects. The mowing crews are often pulled from mowing to handle these and other special projects. The ability to handle these special projects will be greatly diminished as a result of the proposed contractual arrangement. Another potential impact may occur in the event of a default by any of the primary contractors. Additional funding would be needed to cover any increase in cost incurred by using the secondary contractor for the respective parcel group. To address these impacts it is recommended that the net savings ($19,082.20) be used as an offset to hire temporary part -time employees to handle special projects, as needed, to reduce the negative impacts that would be created. Also, some of the savings may be needed for payment to the secondary contracts, should they be needed. The effective date of the contracts will be February 1, 2011. This date was chosen to give the impacted employees the opportunity to look for other employment, either within or outside the City. In summary, the proposed contractual arrangement for maintenance of the turf and grounds in the Bayfront Parks and Medians will provide an improved level of service (7 -day cycle in the growing season, more frequent and consistent trimming, edging and mulching), a better quality of appearance in this highly visible area, transfer the risk and liability for insurance and incidents related to grounds maintenance to the proposed contractors and create a net savings in the annual budget. EXHIBIT A GROUP MAINTENANCE AREA LOCATION ADDRESS Approx Acres of Ground Approx Mow Acres Approx Mow Sq Feet Linear Ft. of Edging Linear Miles of Edging 1 Shoreline Medians #1 Fed Courthouse to137 0.28 0.28 12,196.80 449 0.09 1 Shoreline Medians #la Power St to Fed Courthouse 0.46 0.46 20,037.60 631 0.12 1 Shoreline Medians #2 137 to Mann (Orions) 0.62 0.62 27,007.20 808 0.15 1 Shoreline Medians #3 Mann to Twigg 0.56 0.56 24,393.60 687 0.13 1 Shoreline Medians #4 7wigg Circle 0.07 0.07 3,04920 185 0.04 1 Shoreline Medians #5 Twigg to Taylor 0.58 0.58 25,264.80 683 0.13 1 Shoreline Medians #6 Taylor to Starr 0.54 0.54 23,522.40 654 0.12 1 Shoreline Medians #7 Starrto Peoples 0.57 0.57 24,829.20 664 0.13 1 Shoreline Medians #8 Peoples to Schatzell 0.54 0.54 23,522.40 699 0.13 1 Shoreline Medians#9 Schatzell Circle 0.20 0.20 8,712.00 301 0.06 1 Shoreline Medians #10 Schatzell Triangle 0.20 0.24 8,712.00 503 0.10 1 Shoreline Medians #11 Schatzell to Lawrence 0.93 0.93 40,510.80 1,094 0.21 1 Shoreline Medians #12 Lawrence to Williams 0.97 0.97 42,253.20 1,454 0.28 1 Total 6.52. 6.52 284,011.20 8;812 1.67 1a Art Center Williams to Coopers Alley 3.23 1.26 54,885.60 3,231 0.61 1a Marina Peoples St. T-Head 6.31 1.62 70,567.20 3,994 0.76 1a Marina Lawrence St. T-Head 6.52 1.81 78,843.60 3,830 0.73 1a McCaughan S. Shoreline 602 N. Shoreline 6.97 5.97 260,053.20 5,723 1.08 la Old City Hall Shoreline & Kenney 100 Kenney 1.68 1.68 73,180.80 2,097 0.40 la Sherrill Shoreline & Cooper's Alley 222 S. Shoreline Dr. 3.24 3.24 141,134.40 6,288 1.19 la Total 26.95 15.58, 678,664.80 25,163 .4.77 2 Chaparral Circle Mesquite & Chaparral 0.07 0.07 3,049.20 184 0.03 2 Chaparral Street Tree Wells Chaparal Street 0.00 0.00 0.00 300 0.06 2 Herb Playh Grounds/Lot 22 Brewster & Chaparral 1.54 0.46 20,037.60 1,138 0.22 2 Heritage Park Chaparral & Fitzgerald 4.78 2.29 99,752.40 11,630 2.20 2 Lot 12, Vacant Lots Resaca to Hughes 1.37 0.98 42,688.80 1,078 0.20 2 Mesquite Medians Brewster to Hirsch (Water Tower) 0.45 0.45 19,602.00 1,045 0.20 2 Mesquite Medians Hirsch to Harbor 0.44 0.44 19,186.40 819 0.16 2 Mesquite Medians Mesquite @ Museum of Sci Hist 0.28 0.26 11,325.60 604 0.11 2 Museum of Sci Hist/Lot 26 Chaparral & Mesquite 5.30 0.79 34,412.40 2,569 0.49 2 Old Bayview Cemetery Ramirez & Waco 3.14 3.14 136,778.40 2,283 0.43 2 Oveal Williams Sr Ctr Winnebago & Josephine 1.37 0.42 18,285.20 1,857 0.35 2 Seaman's CenterlLot Fitgerald to Resaca 1.06 0.88 38,332.80 983 0.19 2 SMG Lot 10 Hughes & Chaparral 2.45 0.22 9,583.20 3,454 0.65 2 SMG Lot 2 Resaca to Brewster 1.45 0.05 2,178.00 1,034 0.20 2 SMG Lot 21 & Triangle Between Playhouse & Water Garden 0.93 0.11 4,791.60 1,191 0.23 2 SMG Lot 24 Brewster & Chaparral 1.02 0.19 8,276.40 853 0.16 2 SMG Lot 25 Hirsch & Chaparral 0.76 0.12 5,227.20 523 0.10 2 SMG Lot 3 Resaca to Hughes 2.40 0.33 14,374.80 1,639 0.31 2 SMG Lot 5 F'dgerald to Reseal 222 0.31 13,503.60 681 0.13 2 TD Maintenance Yard Brewster & Mesquite 1709 N Mesquite 1.38 0.29 12,632.40 1,415 0.27 2 Water Garden Grounds Selena Auditorium to Art Museum 4.10 3.02 131,551.20 3,711 0.70 2 Total 36.49 14.82 645,559.20 38,901 7.39 3 Artesian Chaparral & Twigg ITwigg 1.04 1.04 45,302.40 1,912 0.36 3 Broadway Bluff Taylor to Buffalo (±40° SIopej 0.13 0.13 5,662.80 467 0.09 3 Broadway Bluff Buffalo to Antelope {340° Slope) 0.22 0.22 9,563.20 1,210 0.23 3 Broadway Bluff Antelope to Leopard (i40° Slope) 0.25 0.25 10,890.00 641 0.12 3 Broadway Bluff Leopard to Lipan (t40° Slope) 0.60 0.60 26,136.00 1,583 0.30 3 Broadway Bluff Lipan to Mesquite (340° Slope) 0.48 0.48 20,908.80 1,201 0.23 3 Broadway Bluff YMCA Complex to Park (±40° Slope) 0.47 0.47 20,473.20 2,052 0.39 3 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 0.00 0.00 205 0.04 3 Coopers Alley Planter West Coopers Ailey West of Mesquite 0.01 0.00 0.00 119 0.02 3 Gateway Medians Water to Shoreline 0.05 0.05 2,178.00 594 0.11 3 Gateway Medians Chaparral to Water 0.19 0.19 8,276.40 612 0.12 3 Gateway Medians 181 to Mesquite 0.41 0.41 17,859.60 1,003 0.19 S Gateway Medians Mesquite to Chaparral 0.64 0.64 27,878.40 731 0.14 3 La Retama Peoples & Mesquite 500 Mesquite 0.50 0.50 21,780.00 292 0.06 3 Mann St Park Lot Mann & Mesquite 9800 Mesquite 1.55 0.49 21,344.40 1,679 0.32 3 Sister City Median 0.72 0.72 31,363.20 1,483 0.28 3 Spohn Mesquite & Lipan 213 Mesquite 0.83 0.83 36,154.80 2,424 0.46 3 Total 8.11 7.02 305;791.20 1 8,208 3:45 1 EXHIBIT A GROUP MAINTENANCE AREA LOCATION - ADDRESS Approx Acres of Ground Approx Mow Acres Approx Mow Sq Feet -- - Linear Ft. of Edging -- Linear Miles of Edging 4 Al Kiuse Tennis Center Mary & Agnes 4 1.57 0.00 0.00 0 0.00 4 Central Library Tancahua & Comanche 805 Comanche 1.67 0.21 9,147.60 1,263 0.24 4 City Hall Grounds Leopard & Staples 1201 Leopard 9.10 1.47 64,033.20 5,682 1.08 4 Old Sears Property Leopard & Sam Rankin - 1100 Leopard 2.36 0.00 0.00 1,245 0.24 4 South Bluff Parse & Tancahua 500 Tancahua 9.16 9.16 399,009.60 7,190 1.36 4 Total 23.86 1024 472,190.40 15,380 2.91 5 CC Beach Lot Area Bridgeport & N Shoreline 0.01 0.00 0.00 146 0.03 5 CC Beach Lot Area2 Coastal & N Shoreline 0.10 0.00 0.00 158 0.03 5 K Iwanis Timon & Tourist 3933 Timon 2.42 2.42 105,415.20 3,270 0.62 5 North End Lot Sandbar& Timon 3.78 3.78 164,656.80 1,462 0.28 5 Surfside Surfside & Stewart 3825 Surfside 2.40 2.40 104,544.00 2,110 0.40 5 Surfside Medians Kleberg Place to Golf 0.06 0.06 2,613.60 328 0.06 5 Surfside Medians Paul Place to Kleberg Place OA7 0.07 3,04920 345 0.07 5 Surfside Medians Golf to Elm 0.09 0.09 3,920.40 374 0.07 5 Surfside Medians Elm to Coastal 0.21 021 9,147.60 1,004 0.19 5 Surfside Medians Burleson to Paul Place 0.79 0.79 34,412.40 1,230 0.23 5 Timon Medians Gutfspray to Neal 0.65 0.65 26,314.00 836 0.16 5 Timon Medians Burleson to Bushick Place 0.76 0.76 33,105.60 941 0.18 5 Timon Medians Neal to Beach 1.86 1.88 81,021.60 1,606 0.30 5 Timon Medians Bushlak Place to Gulfspray 2.79 2.79 121,532.40 3,412 0.65 5 Timon Medians Beach to Sandbar 3.91 3.91 170,319.60 2,368 0.45 5 Wetlands Pier Sandbar & Timon 0.00 0.00 0.00 258 0.05 5 Total 19:90 19.79 862,052.40 19,846 3.76 6 Cole Park Ocean Drive 2600 Ocean Dr. 43.00 35.28 1,536,796.80, 18,715 3.54 6 Doddridge Ocean Dr. & Doddridge 3814 Ocean Dr. 6.25 5.62 244,807.20 3,228 0.61 6 Louisiana Parkway Santa Fe to Lawnview 1.38 1.38 60,112.80 1,336 025 6 Louisiana Parkway 15th SL to Swantner 1.76 1.76 76,665.60 1,742 0.33 6 Louisiana Parkway Lawnvlew to S. Alameda 2.04 2.04 88,862.40 1,932 0.37 6 Louisiana Parkway Ocean to Santa Fe 2.34 2.34 101,930.40 2,322 0.44 6 Louisiana Parkway S. Alameda to 15th St. 2.68 2.68 116,740.80 2,616 0.50 6 Palmetto Ocean Dr. & Claremore 5440 Ocean Dr. 1.32 1.32 57,499.20 2,285 0.43 6 Poenisch Ocean Dr. & Claremore /5602 Ocean Dr. 1.32 1.32 57,49920 1,844 0.35 6 Ropes Ocean Dr. & Sinclair 3560 Ocean Dr. 3.50 3.15, 137,214.00 2,667 0.51 6 Swantner Ocear Dr. & S. Shores 5102 Ocean Dr. 16.20 14.58 635,104.80 8,819 1.67 6 Total 81:79 71.47 : 3113;23320 47206. 9.00 Grand Total 203.62 146.04 6,361,502.40 173,908 32.94 1 Shoreline Medians 13 is Shoreline Parks 6 2 SEATown and II-137 Parks 21 3 Downtown Parks and Medians 17 4 Bluff Parks and Medians 5 5 North Beach Parks and Medians 16 6 Ocean Parks 11 2 B -GROUP I AREAS Shoreline Medians #1a 1 Map 1_of 7 goo roe fog wog 1144GG FRO y W' 181 Q 0 m m I ■ v os MUM NMI TAYLOR rate EE PEOPLES TWfGG STARR 1® Shoreline Median's' #10 itiftr liwatr AN" 0 C Shoreline Medians #1 Shoreline Medians #2 Shoreline Medians #3 Shoreline Medians #4 Shoreline Medians #5 Shoreline Medians #6 j/ Shoreline Medians #7 wR PEOPLES ST T -HEAD Shoreline Medians #8 Shoreline Medians #9 Shoreline Medians #11 NCB rH ,EAD — Shoreline Medians #12 N v copyright 2010 City of Carpus Christi 1 J . copyright 2010 City of Corpus Christi GROUP 2 AREAS Map 3of7 HARBOR IL EXHIBIT B Museum of Science & History/Lot 26 Mesquite Medians REgJSTEf KuGHEs f FRA mom N MARTI LO • —i N a Oveal Williams Sr Center p i= HWY 286 NB TO IN 37 IH 37 BROW NLEE 7O IH 37 11171,, MIL M Z y Chaparral Circle Mesquite Medians SMG Lot 25 Mesquite Medians TD Maintenance Yard ___A\ Lot 12, Vacant Lots Seaman's Center /Lot Old Bayview Cemetery • 4,f# *At BUFFALO FROM 1H 37 BMW 1it LEOPARD `�O`Ny1 OVA k• 9 r• �•cn tee `FGfi BUFFfII FE" i_ MONNE 1•teti COVE dip Water Garden Grounds 1 SMG Lot 24 SMG Lot 10 SMG Lot 21 & Triangle Harbour Playhouse Grounds/Lot 22 eritage. Park SMG Lot 2I� SMG Lot 3 MSMG Lot 5� N AO -voNE ,s11 Chaparral Treewells': Chaparral TTreewells:�. ;. 1 1 I Ch aparral Treewells) 1L! _ lGGFROMHWypa1� WINNEBAGO 0 re m ■MIM — -MEMI.• MEM IMO rc � O LIJ -m aril S INA •STIMA, r NrAN s= NM= ■■ = 7AVrL 0 r�s • a 1 soq`J '- iiii copyright 2010 City of Corpus Christi �, '_; �.y MINIM A,C�K�/ n\ \.( ti POWER GROUP3AREAS ap , , \ ♦♦ loo o'�o� Sister -City Median Gateway Medians Gateway. Medians O TW1GG FROM HWyf81 WINNEBAGO MESTINA- N0• AMIN tu BUFFALO EOM mmlmm MINN Maim Inn LEOPARD -= IME MINENMI C" .00„.4 WIL* r 11 1111 iiiiiiii .::till' woo 11x.1 Illiell ►`i V1IIl - Ill• row IW �t1�i y1t 4 {{ ■ ■ {{ i W �1ljltl11��11111111 iI. sla INE 1111111111111 Rao MARGUERYTfl �ilR 1111 . Elig 11411 {I111 !11',.as 11 � PON ill 111 �~ I. 1111 —_.. ■■ iii LIPAN Cooper ANTELOPE i WINNEBAGO IMMIMMM ®� 11111 Y WOO- MENEM MESTINA ..111•1111= 111111•1111 MEM 1.911 Ion rc i ® -- ®® - ® C• ANCHE rrials ER Alley Planter East . p.� -I 1 111 11114. Li I ®= Coopers Alley Planter-West If MEW o 4,00 PAN P woo- AO woo 240 mom im -- ti iNtormir Nik NEI =1 rT :ate lif 11111_111.• SOO goolla WOW 1 1 Gateway Medians Gateway Medians Mann St. "Park Lot MI■i !r■ s■ ■� mANN TWIGG Artesian Broadway Bluff Ij MINIMUM Broadway. Bluff Broadway. Bluff- a Broadway_ Bluff. PEOPLES La Re a Broadway Bluff Lam. t. *1_, Apdrille - �.a� . Broadway Bluff 1. Illroraftt TAYLOR 4111111.41111Filt JOH -Broadway Bluff.. ,wi BORN ER avree Aft Fy Mid -Town Interchange l�l Broadway Bluff, LA �MCeT.y, L 040 p0 copyright 2010 City of Corpus Christi I I - GROUP 4 AREAS 1/fia5of7 ME TINA Old Sears Property JOSEPHINE HOWARD n z ■ till 2, i outi too � m 1 � itit„ Al Kruse se Te� i E � 3 L- INAMMI In- 1- LEOPARD z z Hall Grounds IPAN Central Library � AREDO PIO 11111 siva wa COMANCHE iu L G O O 110 ■ 1""" 110114 111116 I 111 IIS110 MARGUERITE 111111101111 1111 gat III 1111111111 111111 w 1:111 1111 111 111 1111 II 1 111 " "OW I Ili I \`47-11.pyrighipiolcity P1P-- of Corpus Christi- ) of U // // / / GROUP 5 AREAS 7Mai6 of 7 Surfside Timon Medians Surfside Medians SurfsideMedians' C Beach Lot Area copyright 2010 City of Corpus Christi At NgwIlEl+� ,I GROUP 6 AREAS 4 Lm — 7; gu�anu ne ��7 i tt [Majiiof7:, EXHIBIT B Cole :Park' Louisiana Parkway).. Louisiana Parkway. cR NA, Louisiana Parkway Louisiana parkway& Louisiana Parkway i Louisiana: Parkway,�;i�,• * += ovtosoy! • '�1�p,_ copyright 2010 City of Carpus Christi 8 Co c 2 U, 01 C Co 2 b 03 Cr_ 0 E E m to in U N 0. U dp o° 0 EXHIBIT C SUPERIOR SANITIZERS CORPUS CHRISTI, TX e a Owe 2 0 0 0 0 8 8 1 a a a a X p p) A 09 N N m CO r m N ry E EO C CO m m. m m N r a a w 3 8 V 2 3 3 3 3 3 3 3 3 2 2 a P P E E MALDONADO NURSERY & LANDSCAPING SAN ANTONIO, TX gag m N O N 3 0 oO m �.- iV P n a C1 - N H 7 - H N P P DOROME GENERAL REPAIR AND LAWN CORPUS CHRISTI, TX 6 N p N O O 8W O h 2 2 pp p N N m i to g @ v °m ° ° w w o O CONTOUR CONTRACTING CORPUS CHRISTI, TX o 3 y' O q P 0 1+ (3 A r r (opf � �4a N N 3 3 m m6 CNR GROUND SOLUTIONS PORTLAND, TX N °o 2 • v 8 m °o M1 o° o eg $ E 0 m . 0 0 0 0 0 ° °o ASPEN LAWN CARE, LLC CORPUS :CHRISTI, TX s 3 6 °v, n 'm0, r n v; ( °mQ 1��y- .�} r m r r {mom m m t t - - , ,°. ALAMO LAWN CARE, LLC CORPUS CHRISTI, TX N 1ti N m m D m 4 a- 0 0 g a U) Co N m a T Co m% s W 9 g a a a a a a a a Maximum paints available 2 i- 8 .9. c Qt N =a2 CD v 'g t 8 cc D. cc a` Q. e 8 a Price Score-Group 2 Price Score -Group 3 Price Score -Group 4 Q U, 8 a CO C. 2 0 8 a EXHIBIT A GROUP MAINTENANCE AREA LOCATION ADDRESS Approx Acres of Ground Approx Mow Acres Approx Mow Sq Feet Linear Ft. of Edging Linear Miles of Edging 1 Shoreline Medians #1 Fed Courthouse to 137 0.28 0.28 12,196.80 448 0.09 1 Shoreline Medians #1a Power St to Fed Courthouse 0.46 0.46 20,037.60 631 0.12 1 Shoreline Medians#2 137 to Mann (Orions) 0.62 0.62 27,00720 808 0.15 1 Shoreline Medians #3 Mann to Twigg 0.56 0.56 24,393.60 687 0.13 1 Shoreline Medians #4 Twigg Circle 0.07 0.07 3,049.20 185 0.04 1 Shoreline Medians #5 Twigg to Taylor 0.58 0.58 25,264.80 683 0.13 1 Shoreline Medians #6 Taylor to Starr 0.54 0.54 23,522.40 654 0.12 1 Shoreline Medians #7 Starr to Peoples 0.57 0.57 24,82920 664 0.13 1 Shoreline Medians 118 Peoples to Schatzell 0.54 0.54 23,522.40 699 0.13 1 Shoreline Medians#9 Schatzeli Circle 0.20 0.20 8,712.01) 301 0.06 1 Shoreline Medians #10 Schalzell Triangle 0.20 0.20 8,712.00 503 0.10 1 Shoreline Medians #11 Schalzell to Lawrence 0.93 0.93 40,510.80 1,094 0.21 1 Shoreline Medians #12 Lawrence to Williams 0.97 0.97 42,253.20 1,454 0.28 1 Total .. 0.52 6.52 284,011.20 8,812 1.67 1a Art Center Williams to Coopers Alley 3.23 1.26 54,885.60 3,231 0.61 1a Marina Peoples St T -Head 6.31 1.62 70,567.20 3,994 0.76 1a Marina Lawrence St. T-Heact 6.52 1.81 78,843.60 3,830 0.73 1a McCaughan S. Shoreline 602 N. Shoreline 5.97 5.97 280,053.20 5,723 1.08 1a Old City Hall Shoreline & Krnney 100 !Gooey 1.66 1.68 73,180.80 2,097 0.40 1a Sherrill Shoreline &Cooper's Ailey 222 S. Shoreline Dr. 3,24 3.24 141,134.40 6,288 1.19 1a Total 26.95 15.58 878,664.80 25,163 _ 4.77 2 Chaparral Circle Mesquite & Chaparral 0.07 0.07 3,04920 184 0.03, 2 Chaparral Street Tree Wells Chaparal Street 0.00 0.00 0.00 300 0.06 2 Herb Playh Grounds/Lot22 Brewster & Chaparral 1.54 0.46 20,037.60 1,138 0.22 2 Heritage Park Chaparral & Fitzgerald 4.78 2.29 99,752.40 11,630 2.20 2 Lot 12, Vacant Lots Resaca to Hughes 1.37 0.98 42,688 80 1,078 0.20 2 Mesquite Medians Brewster to Hirsch (Water Tower) 0.45 0.45 18,602.00 1,045 0.20 2 Mesquite Medians Hirsch to Harbor 0.44 0,44 19,166.40 819 0.16 2 Mesquite Medians Mesquite ® Museum of Sci Hist 0.26 0.28 11,325.60 604 0.11 2 Museum of Sal Hist/Lot 26 Chaparral & Mesquite 5.30 0.79 34,412.40 2,569 0.49 2 Old Bayview Cemetery Ramirez & Waco 3.14 3,14 136,778.40 2,283 0.43 2 Oveal Williams Sr Ctr Winnebago & Josephine 1.37 0.42 18,295.20 1,857 0.35 2 Seaman's Center /Lot Fitgerald to Resaca 1.06 0.88 36,332.80 983 0.19 2 SMG Lot 10 Hughes & Chaparral 2.45 0,22 9,583.20 3,454 0.65 2 SMG Lot 2 Resaca to Brewster 1.45 0.05 2,178.01) 1,034 0.20 2 SMG Lot 21 & Triangle Between Playhouse & Water Garden 0.93 0.11 4,791.60 1,191 0.23 2 SMG Lot 24 Brewster & Chaparral 1.02 0.19 8,276.40 853 0.16 2 SMG Lot 25 Hirsch & Chaparral 0.76 0.12 5,227.20 523 0.1D 2 SMG Lot 3 Resaca to Hughes 2.40 0.33 14,374.80 1,639 0.31 2 SMG Lot 5 Fitgerald to Resaca 2.22 0.31 13,503.60 881 0,13 2 TD Maintenance Yard Brewster & Mesquite 1709 N Mesquite 1.38 029 12,832.40 1,415 027 2 Water Garden Grounds Selena Auditorium to Art Museum 4.10 3.02 131,551.20 3,711 0.70 2 Total 36.49 14.82 845,55920 30,991 7.39 3 Artesian Chaparral & Twigg Twigg 1.04 1.04 45,302.40 1,912 0.36 3 Broadway Bluff Taylor to Buffalo (340° Slope) 0.13 0.13 5,662.80 467 0.09 3 Broadway Bluff Buffalo to Antelope (3,40° Slope) 0.22 0.22 8,58320 1,210 0.23 3 Broadway Bluff Antelope to Leopard (140° Slope) 0.25 0.25 10,890.00 641 0.12 3 Broadway Bluff Leopard to Lipan (340° Slope) 0.60 0.60 26,136.00 1,583 0.30 3 Broadway Bluff Lipari to Mesquite (a40° Slope) 0.48 0.48 20,908.80 1,201 0.23 3 Broadway Bluff YMCA Complex to Park (1:47 Slope) 0.47 0.47 20,473.20 2,052 0.39 3 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 0.00 0.00 205 0.04 3 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01 0.00 0.00 119 0.02 3 Gateway Medians Water to Shoreline 0.05 0.05 2,178.00 594 0.11 $ Gateway Medians Chaparral to Water 0.19 0.19 8,276.40 612 0.12 3 Gateway Medians 181 to Mesquite 0.41 0.41 17,859.60 1,003 0.19 3 Gateway Medians Mesquite to Chaparral 0.64 0.64 27,878.40 731 0.14 3 La Retama Peoples & Mesquite 500 Mesquite 0.50 0.50 21,780. 00 292 0.06 3 Mann St. Park Lot Mann & Mesquite 9800 Mesquite 1.55 0.49 21,344.40 1,679 0.32 3 Sister City Median 0.72 0.72 31,363.20 1,483 0.28 3 Spohn Mesquite & Lipan 213 Mesquite 0.83 0.83 36,154.80 2,424 0.46 3 Total 8.11 7.02 305,791.20 18,208 3.45 4 EXHIBIT A GROUP MAINTENANCE AREA LOCATION ADDRESS Approx Acres of Ground Approx Mow Acres Approx Mow Sq Feet Linear Ft of Edging Linear Miles of Edging 4 s_ _ ......._ . Al Kruse Tennis Center - Mary & Agnes 4 1.57 0.00 0.00 0 0.00 4 Central Library Tancahua & Comanche 805 Comanche 1.67 0.21 9,147.60 1,263 0.24 4 City Hail Grounds Leopard & Staples 1201 Leopard 9.10 1.47 64,033.20 5,682 1.08 4 Old Sears Property Leopard & Sam Rankin 1100 Leopard 2.36 0.00 0.00 1,245 0.24 4 South Bluff Park & Tancahua 500 Tancahua 9.16 9.16 399,009.60 7,190 1.36 4 Total 23.86 10184 472.190.40 15,380 2.91 5 CC Beach LotArce Bridgeport & N Shoreline 0.01 0.00 0.00 146 0.03 5 CC Beach Lot Area2 Coastal & N Shoreline 0.10 0.00 0.00 158 0.03 5 Kiwanis Timon & Tourist 3933 Timon 2.42 2.42 105,415.20 3,270 0.62 5 North End Lot Sandbar & Timon 3.78 3.78 164,656.60 1,462 0.28 5 Surfslde Surfside & Stewart 3825 Surfside 2.40 2.40 104,544.00 2,110 0.40 5 Surfaide Medians Kleberg Place to Golf 0.06 0.06 2,613.60 328 0.06 5 Surfside Medians Paul Place to Kleberg Place 0.07 0.07 3,049.20 345 0.07 5 SurfsideMedians Golf to Elm 0.09 0.09 3,920.40 374 0.07 5 Surfside Medians Elm to Coastal 021 0.21 9,147.60 1,004 0.19 5 Surfside Medians Burleson to Paul Place 0.79 0.79 34,412.40 1230 0.23 5 Timon Medians Guifspray to Neal 0.65 0.65 28,314.00 836 0.16 5 Timon Medians Burleson to Bushick Place 0.76 0.76 33,105.60 941 0.18 5 Timon Medians Neal to Beach 1.86 1.86 81,021.60 1,606 0.30 5 Timon Medians Bushick Place to Gulfspray 2.79 2.79 121,532.40 3,412 0.65 5 Timon Medians Beach to Sandbar 3.91 3.91 170,319.60 2,388 0.45 5 Wetlands Pier Sandbar & Timon 0.00 0.00 0.00 258 0.05 5 Total . 19.90 19.79 862,05240 19,848 3.76 6 Cole Park Ocean Drive 2600 Ocean Dr. 43.00 35.28 1,536,796.80 18,715 3.54 6 Doddridge Ocean Dr. & Doddridge 3814 Ocean Dr. 6.25 5.62 244,807.20 3,228 0.61 6 Louisiana Parkway Santa Fe to Lawnview 1.38 1.38 60,112.80 1.336 0.25 6 Louisiana Parkway 15th St to Swantner 1.76 1.76 76,665.60 1,742 0.33 6 Louisiana Parkway Lawnvlawto S. Alameda 2.04 2.04 88,862.40 1,932 0.37 8 Louisiana Parkway Ocean to Santa Fe 2.34 2.34 101,930.40 2,322 0.44 6 Louisiana Parkway S. Alameda to 15th St 2.68 2.68 116,740.80 2,616 0.50 6 Palmetto Ocean Dr. & Claremore 5440 Ocean Dr. 1.32 1.32 57,499 20 2,285 0.43 6 Poenisch Ocean Dr. & Claremore 5602 Ocean Dr. 1.32 1.32 57,499 20 1,844 0.35 6 Ropes Ocean Dr. & Sinclair 3560 Ocean Dr. 3.50 3.15 137,214.00 2,667 0.51 6 Swantner Ooear Dr. & S. Shores 5102 Ocean Dr. 16.20 14.58 635,104.80 8,819 1.67 6 Total 81.79 71.47 3,113,233.20 47,506 9.00 Grand Total 203.62 146.04 6,361,502.40 173,908 32.94 1 Shoreline Medians 13 1a Shoreline Parks 6 2 SEATown and IN 37 Parks 21 3 Downtown Parks and Medians 17 4 Bluff Parks and Medians 5 5 North Beach Parks and Medians 18 6 Ocean Parks 11 2 • -v GROUP I AREAS Map f of 7 poW� 0°11111 LpEN ? 11111000 ww0"*. IWIGG FRo M HWY /81 UPPER BROADWAY — w EL — a a a O x m re ut 0 J d4 IMMI MUM en= • INIM HI TWIGG TAYLOR glom NMI I NEI MIN ®:11 INN PEOPLES STARK Shoreline - Medians #10 IT B Shoreline Medians #1a Shoreline Medians #1 Shoreline Medians #2 Shoreline Medians #3 C Shoreline Medians #4 Shoreline Medians #5 Shoreline Medians #6 Shoreline Medians #7 cc PEOPLES ST T- -HEAD Shoreline Medians #8 Shoreline Medians #9 Shoreline Medians #11 Shoreline Medians #12 N A copyright 2010 City of Corpus Christi d [ 1 TAn - GROUP, fa AREAS Map2ofo 7 � s copyright 2010 City of Corpus Christi.F GROUP 2 AREAS Map 3 of 7 L HARBOR AO w Z LE 1-41 OJ. 'UN asu IN EX IBIT B Museum of Science & History/Lot 26 Mesquite Medians y Chaparral Circle Mesquite Medians SMG Lot 25 .�1 MUNI 7d MARTI C� LOBO MEM S� -i r— Mesquite Medians J�. TD Maintenance Yard __ Lot 12, Vacant Lots Seaman's Center/Lot Old Bayview Cemetery Oveal Williams Sr.Center ■1 MIN N dt, 4ree 7, p'O = SSP H WY 286 NB TO IH 37 IH 37 BROWNLEE TO IN 37 BUFFALO FROM IH 37 C!! ins ELaUTEL Z Y 1 In 1- iiF'F [1 MIMS 1C 4PN° WWI P �-q 165 UF Water Garden Grounds SMG Lot 24 Lot 10 u Heritage Park ddisia z 7 SMG Lot 21 & Triangle 1 Harbour Playhouse Grounds/Lot 22 _SMG Lot 2�y SMG Lot 3 3 41 SMG Lot 5 ) �f N =-005 0 wow was Twit; FROMH B WINNEBAGIA re m w L-0-PE LEOPARD s- - MEI T1� =MIME mi =MI MM Mal — —N MIS �II`� R. Iz Chaparral yTreewells �I1 I Chaparral Treewells Chaparral Treewells is goo M111 Sim S Mow MIME r+� e0 SWINE gas foolZ volk- MI =II .?L. ST �- NMI -IS NEM r7 809 TZEti c copyright 2010 City of Corpus Christi l r l��ii�Y,C� %cam/ \ \ it yGROW! 3 AREAS DR Z: cy, E Sister City Median �'0� Gateway Medians y �NJ Gateway Medians Ittr WINNEBAGO ®1= - 0 sus ,.000r 0 voia 41.1-0 Jot r Gateway Medians Gateway Medians Ly�u Mann St.-Park Lot TWlGGFROM,yy1'181 ��� , ew- tP 4,tsP �OM 3 7 N N\ ov° 101- -- MESTINA MINIM MEE — BUFFALO ANTELOPE WINNEBAGO LEOPARD LIPAN MEM MIIENNII es eei N eeeee� COMANCH� MESTtNA Coopers Alley Planter East r Coopers Alley Planter West ISLIl1` iL ���1 `� z LARE00 1r OKI erg 111 t �j Si ►�, 11111�1�4��1 "i111 a �� AIN ;��111ti�111111111 �� gra Safi X11'11111111111111 �� 1/6 r,/,p,RGUBRItE i:�:�r Fill Iii 'te: rn11ii111111u1w� �� 111 ;! 1d111�I11'1N �w ��1�111��11.r 11� MIN eer• way irLr e�o MINIM Mir 4 sra oil ■- eo� woo e� Broadway Bluff 1-441 EryOfi p TWIGG Artesian NMI Broadway Bluff Broadway - Bluff - eeeI Broadway Bluff PEOPLES ■e■! Broadway Bluff roadway Bluff La Retama I;, Spohn RrgrN Bro d Bluff_ A8 TAYLOR STARR SCHATZELL 11' rNN�, Mid -Town Interchange lomm 1 Il l BORN BR• qqn-/ Broadway Bluff r • •• 1.AWRE rHf n copyright 2010 City of Corpus Christi =� grim LEOPARD LIPAN MEM MIIENNII es eei N eeeee� COMANCH� MESTtNA Coopers Alley Planter East r Coopers Alley Planter West ISLIl1` iL ���1 `� z LARE00 1r OKI erg 111 t �j Si ►�, 11111�1�4��1 "i111 a �� AIN ;��111ti�111111111 �� gra Safi X11'11111111111111 �� 1/6 r,/,p,RGUBRItE i:�:�r Fill Iii 'te: rn11ii111111u1w� �� 111 ;! 1d111�I11'1N �w ��1�111��11.r 11� MIN eer• way irLr e�o MINIM Mir 4 sra oil ■- eo� woo e� Broadway Bluff 1-441 EryOfi p TWIGG Artesian NMI Broadway Bluff Broadway - Bluff - eeeI Broadway Bluff PEOPLES ■e■! Broadway Bluff roadway Bluff La Retama I;, Spohn RrgrN Bro d Bluff_ A8 TAYLOR STARR SCHATZELL 11' rNN�, Mid -Town Interchange lomm 1 Il l BORN BR• qqn-/ Broadway Bluff r • •• 1.AWRE rHf n copyright 2010 City of Corpus Christi GROUP 4 AREAS I I r. Map 5-o I fi.h E,R.3 MESTINA LEOPARD 0 1101 1101 LIPAN MESTINA City Hall Grounds Central - Library COMANCHE HOWARD In 1 II-00 irn I §§ stoti 1 Al Kruse ,Tennis Center nil III tttt11L1ll 1t 101 M ���t�ll till t South Bluff ��� lit 11041111211 girl ttttl VOW 1111 I copyright 2010 City of Corpus Christi I — I // // // GROUP 5 AREAS %Map6of7 Z27' CAt)SEWAYTo Hwy 1g� l Surfside Medians U N�YYt Surfside Medians Surfside Medians Surfside Medians PeN `copyright 2010 City of Corpus Christi Ni4c HIw I LGROUP 6 AREAS 3 �fi � �-• ; gUFU Ttt-� tit + U 3�Mapi '7 of7; i�[���ei��Ii�M RG�AN� ME M EXHIBIT B t ;q Cole'Park: �� +•?�4� 'Louisiana Parkway :. Louisiana Parkway, ; rb\4;4 % ' Louisiana-Parkway: \�\ ..e\ ;��* ,Louisiana Parkway .s Louisiana Parkway "' 0 Louis►ana_Parkway ,�,t;�:� �i� j�2i`�i��.,a, o`yZ ��A, Z O��`� o d�P �K�'g��. Q•3� • ,,06` - .0 `COQ t�� `4`� �'J� �S��y. • . wantner, rRG� Sy;?'o FIrr Sars'nl OE :050 o/ 6"0/.2.4 F *Pz-,, copyright 2010 City of Corpus Christi . fl) 0 C C CO 3 ro V 13 Lt c m 2 a m x cca ca [ E LE E `Quin A w C, 0 o� as o Um EXHIBIT C ppC� K f^ pt°pg ¢Z a ya 4)686 r °° W y n °c .d 2 °c a °c V a a v a c a a 8 $ n a c a 2 °c a 2 °c a 2 °c c) § 8 g a 8 v .o 2 a S e° �( Q . N 1� m E r' C N Ol `�' N y m t' m o ,- V Wm 7 C m V b p �[i f09 a �Ny o m N ry g 00 W m M CO CC N W hi W C a S T m. nl 0 a W XX CO F wZw- IC W3 1{{{1��9.1 a_ S CC 8 @ °o,r @ m -- m r a .0 8 a a ° 8 a s ° C a o r° 2 a ° C 2 a 2 ` m W m `� I4 N ' a . ° 8 a n ° c a ° c 8 a "WC 8 8 m 8 m 8 8 ° C g 3 ° G 2 ° G MALDONADO NURSERY & LANDSCAPING SAN ANTONIO, TX m o d m N m ss E (4/4111 gpIp N a N S 7 m# � E z a 8 N m 8 o CO N 2 g h �' n 4 Y (G �3 E c a - m - ry1 IO ni co n co 6 8 SN 8 8 (0 0 W8 C i1. DOROME GENERAL REPAIR AND LAWN CORPUS CHRISTI, TX pp S 8 Y m m 8 W W m N A 8 g p S Iry W W r v m m ' W N 8 8 p S 8 W �° 8 Qa V 8 N N - M r I11 O ODD 2 Q 8 P.: 8 m 8 D-EAR CONTRACTORS SAN BENITO, TX V CO m �r+� 0 $ @ m CD m A QQ 4 �°° mm m m H M :Z.'''. N N mm V O u°i mm m m mm Q o cf Q N r m - 2 2 N O 8 ;Si p 7 `g s N I, 0 8 w ; 8O3 t E n. CONTOUR CONTRACTING CORPUS CHRISTI, TX m Q p r A a a 2 2 c C a a N pp r C e 2 a °c 2 °c a C v a °c a 13 C 13 a C Y Q ID m r n7 v W V 2 i N N N o W ai° CNR GROUND SOLUTIONS PORTLAND, TX 8 4 8 r �° 3 w 8. m r 8. (mom. If1 a o N m a 1.1 Q ce... N w S O 8I� A m N N m °o V m n c 03 n 1° cc CI m S a IC Z m °a '� IWO Old w O E 2 8 W 8 1�f1, °0 n m 8 V 8 �y m 8 N 8N O ASPEN LAWN CARE, LLC CORPUS CHRISTI. TX almmmm O w[N�I m CO rd IW°, 0 N t- W m g N NN 0 A V' W A w P N Cr S ` ; Ir N y 8 m m0 m m W C ti 8 r W {n.. N m 'p} tlQQf V c W { i° 7nj V mNm N ALAMO LAWN CARE, LLC CORPUS CHRISTI, TX A m m W m o. E A8 0 ry '0 m O O W r m ai Y tmp Y - EW6 O W q 3 d $ 9 0. pOp 8 8 S 'E $ a Z' E 0. 2 a o 2 a ° e a 2 ° c a a ° c a 2 ° c a 2 ° c a a ° c a 2 ° c 2 a 8 c 0 a ° c v a ° > g a ° c Maximum betas available p N 8 8 a 8 r a 3 2 c7 e Q tq r a 2 E t7 .1. I°° C r a 3 C -, a 3 E « p _ 8 N a 3 2 0 oG y ul 5 N a 2 2 c7 f (3 C 8 A a 3 E ci g' u fA vi a 3 E C7 U 8 V a 2 2 c7 a GO V a 2 E 0 O U C 8 411 a 7 2 0 _ KO a 2 2 0 W c N 0 a 2 E 0 �+ _ m a 3 E 0 a L1 is G U) C ° C 8 2 CD 7 l Ip� C W v re re a` Price Score -Group 1A Price Score -Group 2 a 9 8 N 8 a Price Score -Group 4 N 0. 2 spy 8 Lt a a 0 8 a Bayfront Parks and Medians Turf and Grounds Maintenance Privatization City Council Meeting December 14, 2010 Rationale For Privatizing >City Council Request— lndentify Opportunities for Privatization > Provide consistent seven -day mowing cycles throughout the Tourist District. Provide attractive destinations for our visitors and citizens. 1 Current Maintenance Operations > The Bayfront Parks and Medians or also known as the Tourist District includes: ➢ Mowing ➢ Litter Cleanup ➢ Trash Cans ➢ Irrigation Systems ➢ Special Event Support ➢ Restroom Cleaning ➢ Bayfront Park ➢ Nine full -time and four part -time employees assigned to do turf and grounds maintenance in the Tourist District. Current scheduled cycle for maintenance Varies from ten to fourteen days. 2 RFP was developed to include: • Mowing (7 -day cycle/14 -day in winter) » Trimming • Edging » Flower Bed Maintenance » Mulching • Pesticide • Fertilizer • Irrigation Inspection The Procurement Process • RFP was sent to io8 potential contractors. • zz proposals were received • A team of City staff was created to evaluate the proposals > Evaluation considered resources and exceptions, company profile and qualifications, experience/references, and cost. 3 The Procurement Process • Contracts awarded by parcel groups. • No contractor awarded more than two parcel groups. Secondary contracts awarded on a multiple progressive format as backups should a contractor default or be unable to perform services. • Secondary Contract already awarded. • The contractors selected underwent a reference review. > For purpose of privatization the parcels or areas to be maintained were divided into seven groups. The following slides show the groups and the contractors assigned to them. 4 Maldonado Nursery and Landscaping 6 4".0 111 .r 111 nap,- 7 Awarded to: D -Bar Contractors Savings • Budgeted Cost (Tourist District) • Contract Cost • Total Savings $305,442.00 $286,359.80 $19,082.20 • Cost Allocation Savings FY2012 estimate $63,186.84 TOTAL SAVINGS(estimate) $82,269.04 Considerations City Reduction In Force Policy. • The nine full -time employees will be affected by the RIF Policy. • The City's Human Resources Department will work with Parks and Recreation to implement the RIF Policy. Effective date of February 1, 2010 - allow for notice to employees affected. Impacts • Nine full -time and four part -time positions eliminated. » Effect on Special Event support, Special Projects and trash removal on Holiday Weekends and Spring Break. • Potential contractor default would result in the need for additional funding. 9 Recommend approval of the contractual arrangement for turf and grounds maintenance in Bayfront Parks and Medians. Recommend the savings be used, as needed, to hire temporary part -time staff for special projects and for payment should a secondary contractor be needed in any group. > Improved level of service (7 -day cycle in the growing season). > Improved and more consistent quality appearance. 10 11 Revised September 15, 2010 CONTRACT Service Agreement No. SA THIS Bayfront Parks and Medians Turf and Grounds Maintenance CONTRACT (this "Agreement ") is entered into by and between Alamo Lawn Care, LLC (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Request for Proposal No. BI- 0006 -11, which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be one of four most advantageous Proposer(s); NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Bayfront Parks and Medians Turf and Grounds Maintenance, as primary contractor for Groups 1A and 2, under a multiple progressive award, in accordance with Request for Proposal No. BI- 0006 -11. 2. Term. This Agreement is for twelve months from notification of Contractor by the City to commence. The term includes an option to extend for four additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Parks & Recreation or his designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit B, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. SI- 0006 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10, Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. H. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. 81- 0006-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24- hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. * 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: IF TO CITY: City of Corpus Christi Attention: Director of Parks & Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361- 826 -3864 IF TO CONTRACTOR: ALAMO LAWN CARE, LLC Henry M. Jepsen 4934 Cain Drive Corpus Christi 800 - 613 -0476 TX 78411 17. Month to Month Extension. If the City has not completed the bidding process and awarded a new Bayfront Parks and Medians Turf and Grounds Maintenance contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 18. Upon award of a Contract(s), the Proposer shall agree to Indemnify, Hold Harmless, and Defend the City, and its officers, employees, and agents (Indemnitees) from and against any and all liability, loss, claims, demands, suits and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees (including attorneys approved by Indemnitees), and expert witness fees which arise or are claimed to arise out of or in connection with the contract or the performance of the contract, regardless of whether the injuries, death, or damages are caused or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. The Proposer must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising from any of said liability, damage, loss, claims, demands or actions. Should the city determine that it is in its best interest to do so, the Proposer shall indemnify the City for any and all workers' compensation benefits the City may be required to pay for any worker provided by the Proposer. The Proposer expressly waives the right to challenge such a determination by the City. This indemnification is to include all benefits paid to the worker (whether medical or income), all expenses of administering the claim and any legal fees incurred by the City in enforcing this obligation of indemnity. IT IS EXPLICITILY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNITY PROVIDED BY THE PROPOSER FOR WORKERS' COMPENSATION PAYMENTS AS DESCRIBED ABOVE SHALL COVER, AMONG OTHER THINGS, INDEMNITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE OF THE CITY, IN WHOLE OR IN PART, AND THAT THE INDEMNITY PROVISION SHALL MEET PI HE REQUIREMENTS OF THE EXPRESS NEGLIGENCE DOCTRINE. 19. Multiple Progressive Awards. Service Agreements will be established with each proposer awarded a contract to provide for multiple progressive awards. An award will be made to the proposer which submits the most advantageous proposal, price and other factors considered for each item noted herein, ( "Primary Contractor "). In addition, back up awards to the 2nd and 3rd most advantageous proposers and so on will be made for each item to alleviate service delivery difficulties. For example: When each group of properties is required to be mowed, the Primary Contractor will be contacted to see if that they are on schedule to complete the work. If the Contract Administrator determines in his sole discretion that the Primary Contractor cannot meet the schedule, the City will contact the proposer that is next in line for the work. If the proposer which is next in line to do the work can not perform, the City will progress to the proposer which submitted the 3rd most advantageous offer. This process is repeated to insure the City will have a constant source for accomplishing the work. Up to three repeated failures on the part of the Primary Contractor to perform their respective groups of properties will be grounds for termination for default. In this contract, Alamo is the Primary Contractors for Groups 1A and 2 of the RFP and Secondary Contractor for Group 1. -rh SIGNED this 04 day of N,( !:i `)t r ; 20 Contractor: ALAMO LAWN CARE, LL Signature L Name: Laura Jepsen Title: Owner CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF , 20 h Carlos Valdez, CITY ATTORNEY By: c•-c Lisa Aguil. 3 ssistant City Attorney Exhibit A: Request for Proposal No. BI- 0006 -11 Exhibit B: Insurance Requirements Exhibit C: Contractor's proposal Revised September 15, 2010 CONTRACT Service Agreement No. SA THIS Bayfront Parks and Medians Turf and Grounds Maintenance CONTRACT (this "Agreement ") is entered into by and between D -Bar Contractors (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Request for Proposal No. B1- 0006 -11, which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be one of four most advantageous Proposer(s); NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: I. Services. Contractor will perform the Bayfront Parks and Medians Turf and Grounds Maintenance, , as primary contractor for Groups 4, 5 and 6, under a multiple progressive award, in accordance with Request for Proposal No. B1- 0006 -11. 2. Term. This Agreement is for twelve months from notification of Contractor by the City to commence. The term includes an option to extend for four additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Parks & Recreation or his designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at Ieast 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit B, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0006 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0006-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24- hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: Contractor Name: Contact Person: Address: City, State, Zip: IF TO CITY: City of Corpus Christi Attention: Director of Parks & Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361- 826 -3864 IF TO CONTRACTOR: D -Bar Contractors Joseph DeLaRosa 22414 wUS Highway 281 San Benito nee .nn ceen TX 78586 17. Month to Month Extension. If the City has not completed the bidding process and awarded a new Bayfront Parks and Medians Turf and Grounds Maintenance contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 18. Upon award of a Contract(s), the Proposer shall agree to Indemnify, Hold Harmless, and Defend the City, and its officers, employees, and agents ( Indemnitees) from and against any and all liability, loss, claims, demands, suits and causes of action of any nature on account of death, personal injuries, property Ioss or damage, or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees (including attorneys approved by Indemnitees), and expert witness fees which arise or are claimed to arise out of or in connection with the contract or the performance of the contract, regardless of whether the injuries, death, or damages are caused or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. The Proposer must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising from any of said liability, damage, loss, claims, demands or actions. Should the city determine that it is in its best interest to do so, the Proposer shall indemnify the City for any . and all workers' compensation benefits the City may be required to pay for any worker provided by the Proposer. The Proposer expressly waives the right to challenge such a determination by the City. This indemnification is to include all benefits paid to the worker (whether medical or income), all expenses of administering the claim and any legal fees incurred by the City in enforcing this obligation of indemnity. IT IS EXPLICITILY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNITY PROVIDED BY THE PROPOSER FOR WORKERS' COMPENSATION PAYMENTS AS DESCRIBED ABOVE SHALL COVER, AMONG OTHER THINGS, INDEMNITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE OF THE CITY, IN WHOLE OR IN PART, AND THAT THE INDEMNITY PROVISION SHALL MEET THE REQUIREMENTS OF THE EXPRESS NEGLIGENCE DOCTRINE. 19. Multiple Progressive Awards. Service Agreements will be established with each proposer awarded a contract to provide for multiple progressive awards. An award will be made to the proposer which submits the most advantageous proposal, price and other factors considered for each item noted herein, ( "Primary Contractor "). In addition, back up awards to the 2nd and 3rd most advantageous proposers and so on will be made for each item to alleviate service delivery difficulties. For example: When each group of properties is required to be mowed, the Primary Contractor will be contacted to see if that they are on schedule to complete the work. If the Contract Administrator determines in his sole discretion that the Primary Contractor cannot meet the schedule, the City will contact the proposer that is next in line for the work. If the proposer which is next in line to do the work can not perform, the City will progress to the proposer which submitted the 3rd most advantageous offer. This process is repeated to insure the City will have a constant source for accomplishing the work. Up to three repeated failures on the part of the Primary Contractor to perform their respective groups of properties will be grounds for termination for default. In this contract, D -Bar Contractors is the Primary Contractor for Groups 4, 5 and 6 of the RFP, and secondary contractor for Group 3... SIGNED this day of IN eCeMter ,20 /d. CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services Contractor: D -Bar Contractors Signs, N. - :/ Joseph DeLaRosa Tit f/ Owner APPROVED THIS 3 DAY OF OZ , 20 t Carlos Valdez, CITY ATTORNEY By: Lisa Aguila , Assistant City Attorney A: Request for Proposal No. BI- 0005 -11 Exhibit B: Insurance Requirements Exhibit C: Contractor's proposal Revised September 15, 2010 CONTRACT Service Agreement No. SA THIS Bayfront Parks and Medians Turf and Grounds Maintenance CONTRACT (this "Agreement ") is entered into by and between Maldonado Nursery & Landscaping, Inc (the "Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Request for Proposal No. BI- 0006 -11, which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be one of four most advantageous Proposer(s); NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: I. Services. Contractor will perform the Bayfront Parks and Medians Turf and Grounds Maintenance, as primary contractor for Groups 1 and 3, under a multiple progressive award, in accordance with Request for Proposal No. BI- 0006 -11: 2. Term. This Agreement is for twelve months from notification of Contractor by the City to commence. The term includes an option to extend for four additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Parks & Recreation or his designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit B, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0006 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0006-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24- hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. * 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: IF TO CITY: City of Corpus Christi Attention: Director of Parks & Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361- 826 -3864 IF TO CONTRACTOR: Maldonado Nursery & Landscaping. Inc Susie DeLa Fuente 16348 Nacogdoches Rd San Antonio 210- 559 -9736 TX 78247 17. Month to Month Extensiion.If the City has not completed the bidding process and awarded a new Bayfront Parks and Medians Turf and Grounds Maintenance contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 18. Upon award of a Contract(s), the Proposer shall agree to Indemnify, Hold Harmless, and Defend the City, and its officers, employees, and agents ( Indemnitees) from and against any and all liability, loss, claims, demands, suits and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees (including attorneys approved by Indemnitees), . and expert witness fees which arise or are claimed to arise out of or in connection with the contract or the performance of the contract, regardless of whether the injuries, death, or damages are caused or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. The Proposer must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising from any of said liability, damage, loss, claims, demands or actions. Should the city determine that it is in its best interest to do so, the Proposer shall indemnify the City for any and all workers' compensation benefits the City may be required to pay for any worker provided by the Proposer. The Proposer expressly waives the right to challenge such a determination by the City. This indemnification is to include all benefits paid to the worker (whether medical or income), all expenses of administering the claim and any legal fees incurred by the City in enforcing this obligation of indemnity. IT IS EXPLICITILY. AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNITY PROVIDED BY THE PROPOSER FOR WORKERS' COMPENSATION PAYMENTS AS DESCRIBED ABOVE SHALL COVER, AMONG OTHER THINGS, INDEMNITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE OF THE CITY, IN WHOLE OR IN PART, AND THAT THE INDEMNITY PROVISION SHALL MEET THE REQUIREMENTS OF THE EXPRESS NEGLIGENCE DOCTRINE. 19. Multiple Progressive Awards. Service Agreements will be established with each proposer awarded a contract to provide for multiple progressive awards. An award will be made to the proposer which submits the most advantageous proposal, price and other factors considered for each item noted herein, ( "Primary Contractor "). In addition, back up awards to the 2nd and 3rd most advantageous proposers and so on will be made for each item to alleviate service delivery difficulties. For example: When each group of properties is required to be mowed, the Primary Contractor will be contacted to see if that they are on schedule to complete the work. If the Contract Administrator determines in his sole discretion that the Primary Contractor cannot meet the schedule, the City will contact the proposer that is next in line for the work. If the proposer which is next in line to do the work can not perform, the City will progress to the proposer which submitted the 3rd most advantageous offer. This process is repeated to insure the City will have a constant source for accomplishing the work. Up to three repeated failures on the part of the Primary Contractor to perform their respective groups of properties will be grounds for termination for default. In this contract, Maldonado is the Primary Contractors for Groups 1 and 3 of the RFP and Secondary Contractor for Groups 2 and 5. SIGNED this 7 day of —DP A13 -14 , 20 L ©. Contractor: Maldonado Nursery & Landscaping, l Signatur-. ( Name: John Suarez Title: VP Commercial Maintenance Dpt CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS I' DAY OF D€ c , 20 I Carlos Valdez, CITY ATTORNEY By: a1-•1--s-r— Lisa Aguilar ssistant City Attorney Exhibit A: Request for Proposal No. BI- 0006 -11 Exhibit B: Insurance Requirements Exhibit C: Contractor's proposal