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Home My WebLink AboutAgenda Packet City Council - 08/23/2011J 11:45 A.M. - Proclamation declaring the week of September 4-10, 2011 as "Suicide Prevention Week" Corpus Christi Fire Fighters Cancer Awareness Relief Effort (C.A.R.E.) Check Presentation AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 23, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATEDPAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habre un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Charles Smith, Life of Christ Ministries. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting August 23, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 26, 2011 and Special Meeting of August 9, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. • Intergovernmental Commission on Drugs and Alcohol * Library Board *.-Marina,Advisory Committee * Regional Health Awareness Board * Senior Companion Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are ofa-routine or administrative nature. The C.ouncil_has. been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adapted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting August 23, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of specialized equipment for a total amount of $180,641.28 from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the State Homeland Security Program. (Attachment # 3) 4. Motion approving a professional services agreement for professional psychologist services with Sharon L. Rogers, Ph.D., P.C., of Corpus Christi, Texas for an estimated amount of $385,080 of which $117,663 is required in FY 2011-2012. The term-of-the—agreement-will be three years with an option to extend for up to two additional one-year periods subject to approval of the vendor and the City Manager or designee. Funding is available in the General and Airport Funds in FY 2011-2012 and will be requested in future fiscal years. (Attachment # 4) 5. Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. Bl -0172-11 for an estimated semi-annual expenditure of $995,377.50. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2011-2012. (Attachment # 5) Bay, Ltd. Corpus Christi, Texas $943,065 Primary Supplier HAC Materials, Ltd. Corpus Christi, Texas $52,312.50 Secondary Supplier Grand Total: $995,377.50 6. Motion authorizing the City Manager or designee to renew maintenance and licensing agreement for one (1) IronPort internet filtering device from Calence, DIR-SDD-1460. Agreement will cover all City network users for three (3) years for a total cost of $75,298.11. This purchase will be financed over a three-year period with Key Government Finance, Inc. of Superior, Colorado with three annual payments of $25,099.37. (Attachment # 6) Agenda Regular Council Meeting August 23, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion approving the application for street closure from the American Cancer Society to temporarily close the following street sections for the Making Strides Against Breast Cancer 5K Walk, to take place Saturday, October 22, 2011. (Attachment # 7) a. The temporary street closure of Northbound Shoreline Boulevard between Furman Street and Power Street, beginning at 5:00 A.M. and ending at 12:00 RM. on - -Saturdays October -22, 2011.. b. The temporary street closure of Northbound and Southbound Shoreline Boulevard between Power Street and the Art Museum of South Texas; including the barge dock, beginning at 5:00 A.M. and ending at 12:00 RM. on Saturday, October 22, 2011. 8. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for the Public Safety Warehouse Fire Station Slab Replacement. (BOND ISSUE 2008) (Attachment # 8) 9. a. Resolution authorizing the City Manager or designee to accept an additional grant from the Texas Commission on Environmental Quality in the amount of $96,592,99 for Air Quality Planning and authorizing the City Manager to execute related amendments to Interlocal cooperation agreements with North Texas University and Texas A & M University - Corpus Christi. (Attachment # 9) b. Ordinance appropriating $96,592.99 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning. (Attachment # 9) 10. Resolution amending Council Policy 14 "Boards, Commissions, and Committee Procedures" to provide for time of consideration of appointment. (Attachment # 10) 11. Second Reading Ordinance - Authorizing the City Manager or designee to execute a 14 year lease agreement (with an option to renewal for an additional 10 years at City Council's discretion) Agenda Regular Council Meeting August 23, 2011 Page 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) with the Padre Island Yacht Club that supersedes the current 10 -year lease that expires on July 11, 2015. (First Reading — 07/19/11) (Attachment # 11) 12. Second Reading Ordinance - Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. (First Reading -- 0-7/26/1-1)-(Attachment #--12) EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * Executive session pursuant to Section 551.071(1)(B) to consult with attorney regarding a case styled Cause No. 2010CCV-61578-3, Shaun Earl Mehegan v. Steve Rivera and the City of Corpus Christi, Texas pending in the County Court at Law No. 3 of Nueces County, Texas, * Executive session under Texas Government Code Section 551.071(2) for consultation with its attorney regarding certain property rights at Lake Corpus Christi, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 13. Case No. 0711-01, Donald & Patricia Zylks: A change of zoning from "RS -TF" Two -Family District (formerly "R-2' Multiple Dwelling District) to "ON" Office District (formerly "AB" Professional Office District) resulting in a change of future land use from a medium -density residential use to an office use. The property to be re -zoned is described as Corpus Christi Agenda Regular Council Meeting August 23, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Retirement Residence Addition, Block 1, Lot 1, located along the north side of Lipes Boulevard, west of South Staples Street (FM 2444). (Attachment # 13) Planning Commission's and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the "RS - TF" Two -Family District to the "ON" Office District. ORDINANCE Amending the Unified Development Code (UDC), upon application by Donald and Patricia Zylks, by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 1, from the "RS -TF" Two Family District (formerly "R-2" Multiple Dwelling District) to the "ON" Office District (formerly "AB" Professional Office District), amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. UDC AMENDMENTS: 14. Presentation and Public Hearing to consider amendments to the Unified Development Code, including new ordinances promoting clustered and mixed-use development, alternative housing options, establishment of Overlay and Special Overlay Districts, and other new development ordinances. (STAFF IS RECOMMENDING POSTPONING THIS ITEM) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. First Reading Ordinance - Setting a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (Attachment # 15) 16. First Reading Ordinance - Authorizing the City Manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of Bayfront Park Kiosk. (Attachment # 16) Agenda Regular Council Meeting August 23, 2011 Page 7 17. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. (Attachment # 17) b. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal - -governmental relations services. (Attachment # 17) 18. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. (Attachment # 18) 19. Resolution endorsing and supporting the demolition of the 1914 Historic Nueces County Courthouse. (Attachment # 19) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 20. Bayfront Development Plan Phase 3 Project: Shoreline Boulevard Realignment and Master Schedule Update (BOND ISSUE 2008) (Attachment # 20) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: Agenda Regular Council Meeting August 23, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, = OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: * Update on City Operations 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at , S:30 p.m., on August 18, 2011. • L \ Armando Chapa 0 City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. MINUTES City of Corpus Christi, Texas Regular Council Meeting July 26, 2011 - 12:00 p.m. Present: Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Kevin Kieschnick Priscilla Leal David Loeb---- - John Marez Nelda Martinez Mark Scott Absent: Chris Adler City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor John Valles with Wesley United Methodist Church and the Pledge of Allegiance to the United States Flag was led by Council Member Nelda Martinez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of July 19, 2011. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item No. 2 and the following board appointments were made: Commission on Children and Youth Delia Oliveira (At Large), Reappointed Isaac Valencia (Law Enforcement), Reappointed Clarissa Silva (District Attorney Rep.), New Appointment Leadership Committee for Senior Services Willie Hardeman (Community Rep.), New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 10.1). Council members requested that Items 5, 8 and 10.1 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: —1— City Council Minutes July 26, 2011 Page 2 3. MOTION NO. 2011-160 Motion approving the purchase of one (1) boom mower tractor from H & V Equipment Services, Inc., of Corpus Christi, Texas, for the total amount of $134,903.82. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Storm Water Department. Funds are available in the Storm Water Operations Budget in FY2010-2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 4.a. MOTION NO. 2011-161 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $93,000 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling Agreement — 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 4.b. MOTION NO. 2011-162 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $116,000 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement — 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 6. RESOLUTION NO. 029150 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College, which provides a grant of up to $173,223 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 7. RESOLUTION NO. 029151 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi, -2- City Council Minutes July 26, 2011 Page 3 which provides a grant of up to $190,635 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A&M University - Corpus Christi Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. RESOLUTION NO. 029153 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221, which grants $50,000 in small business incentives for the operation of a program to assist small and start-up businesses in Corpus Christi and authorizing the City Manager or designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the SCORE Chapter 221 Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following -vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 10. MOTION NO. 2011-163 Motion canceling Council Meeting of August 9, 2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. The following items were pulled for discussion and were voted on separately. City Secretary Chapa polled the Council for their votes on Items 5.a. - 5.g., 8 and 10.1. as follows: 5.a. ORDINANCE NO. 029143 Ordinance appropriating $45,916.95 in Airport CIP interest earnings as listed in Attachment 1, Section 1, for the City's match for future FAA Grant Projects and for land acquisition for future airport projects; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $45,916.95. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. City Council Minutes July 26, 2011 Page 4 5.b. ORDINANCE NO. 029144 Ordinance appropriating $490,548.91 in Bond Proceeds interest earnings and bonding company settlement proceeds for Bayfront, Public Health and Safety, Library, Museum, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council, and for the payment of debt service; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $490,548.91. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.c. ORDINANCE NO. 029145 Ordinance appropriating $932,533.69 in Utility Revenue Bond interest earnings and refunded proceeds from the Texas Department of Transportation as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $932,533.69. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.d. ORDINANCE NO. 029146 Ordinance appropriating $358,324.41 in Specialty Bond Proceeds interest earnings, and from contributions and donations from Texas Military Loan Proceeds, Packery Channel Tax Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military -supported projects, and other related projects as determined by the Type A Board; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $358,324.41. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.e. ORDINANCE NO. 029147 Ordinance appropriating $4,839.19 in Older Bond Fund (issued prior to 2006) interest earnings as listed in Attachment 1, Section 5 to expedite the closure of said funds subject to arbitrage; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $4,839.19. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. —4— City Council Minutes July 26, 2011 Page 5 5.f. ORDINANCE NO. 029148 Ordinance appropriating $417,065.91 in Street Assessments and Street Closures as listed in Attachment 1, Section 6 for the repayment of approved assessment projects; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $417,065.91. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.g. ORDINANCE NO. 029149 Ordinance appropriating $127,977.46 in interest earnings in the No. 4730 Infrastructure Fund as listed in Attachment 1, Section 7 from Developer securities held as the Developers' share of deferred improvements until construction is complete, as required by the Unified Development Code. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 8. RESOLUTION NO. 029152 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc., which provides grants of up to $400,000 for the Interest Buydown and Grant Programs for Small Businesses and authorizing the City Manager or designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Action Texas Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 10.1 FAILED TO PASS year -of iheAreement The foregoing motion failed with the following vote: Elizondo, Leal, Marez and Scott voting "Aye"; Adame, Kieschnick, Loeb and Martinez voting "No"; Adler was absent. -5- City Council Minutes July 26, 2011 Page 6 SPECIAL BUDGET CONSIDERATION ITEMS Mayor Adame referred to Item No. 10.2 from the supplemental agenda. Margie Rose, Assistant City Manager stated that this item is for the utilization of a formal application and review process for Hotel Occupancy Tax funding support for the Arts for Fiscal Year 2012-2013. City Secretary Chapa polled the Council for their votes on Item 10.2. as follows: 10.2 RESOLUTION NO. 029154 Resolution requiring utilization of a formal application and review process prior to City Council consideration of requests for expenditure of any available hotel occupancy tax funds for the arts in the Operating Budget for City Fiscal Year 2012-2013. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. Mayor Adame referred to Items. 11.a. and 11.b. Oscar Martinez, Assistant City Manager provided a brief overview of the proposed FY2011-2012 operating budget. Council Member Martinez made a motion for a one-time funding to the Arts Festival in the amount of $10,000 and the Corpus Christi Symphony in the amount of $12,000 from the HOT tax fund balance, seconded by Council Member Loeb. City Secretary Chapa polled the council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Loeb and Martinez voting "Aye"; Kieschnick, Leal and Marez voting "No"; Scott abstained; Adler was absent. Council Member Scott made a motion and seconded to amend the ordinance to reflect that the totals for the proposed expenditures amount to $662,475,261 and estimated revenues amount to $681,126,676. City Secretary Chapa polled the council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Leal voting "No"; Adler was absent. City Secretary Chapa polled the Council for their votes on Items 11.a. and 11.b. as follows: 11.a. ORDINANCE NO. 029155 Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Leal voting "No"; Adler was absent. —6— City Council Minutes July 26, 2011 Page 7 11.b. ORDINANCE NO. 029156 Ordinance to ratify increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 Operating Budget. The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye"; Adler was absent. Mayor Adame deviated from the agenda and referred to Item No. 16, Temporary Tax Abatement for Commercial Metals Company ("CMC"). Emily Martinez, Regional Economic Development Corporation stated that CMC plans to operate a metals facility and plan to invest $20 million in the new facility. City Secretary Chapa polled the Council for their votes on Items 16.a. - 16.c. as follows: 16.a. ORDINANCE NO. 029163 Ordinance appropriating $132,600 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 Commercial Metals Company ("CMC") for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CMC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full-time jobs and create and maintain at least 12 new full-time jobs with an average annual salary of at least $31,500 over a five year period; changing the FY 2010-2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $132,600. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. 16.b. RESOLUTION NO. 029164 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Commercial Metals Company ("CMC"), which provides a grant of up to $132,600, for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CMC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full-time jobs and create and maintain at least 12 new full-time jobs with an average annual salary of at least $31,500 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 CMC, business incentive agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. —7— City Council Minutes July 26, 2011 Page 8 16.c. RESOLUTION NO. 029165 Resolution authorizing the execution of an agreement with Commercial Metals Company ("CMC") providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. SPECIAL BUDGET CONSIDERATION ITEMS Mayor Adame referred to Item 12, revisions to the Personnel Ordinance. Joan McKaughan, Interim Director of Human Resources provided a brief overview of the revisions being proposed to the personnel ordinance. City Secretary Chapa polled the Council for their votes on Item No. 12 as follows: 12. ORDINANCE NO. 029157 Ordinance amending Code Of Ordinances, Chapter 39, Personnel, Article III Employee Compensation And Classification System, to revise Section 39-303 by deleting provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; to revise Section 39-304 by adding City Auditor's Office; to revise Sections 39-329, 39- 332, 39-345, and 39-347 regarding vacation leave; to revise Sections 39-340 and 39-354 regarding sick leave; to revise Section 39-366 by adding personal leave hours are not paid out at termination; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Martinez and Scott voting "Aye"; Marez voting "No"; and Adler, Kieschnick and Loeb were absent. Mayor Adame referred to Item No. 13, Proposed Fee/Rate Increase Adjustments. Eddie Houlihan, Assistant Director of Budget provided an overview of the following increases: water, sunrise beach recreation site rates, wastewater, and adding a non-resident library fee. City Secretary Chapa polled the Council for their votes on Items 13.a. - 13.d. as follows: 13.a. ORDINANCE NO. 029158 Ordinance amending Sections 55-50, 55-54, and 55-56, Code of Ordinances, City of Corpus Christi, regarding water rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Martinez and Scott voting "Aye"; Marez voting "No"; Adler and Kieschnick were absent. —8— City Council Minutes July 26, 2011 Page 9 13.b. ORDINANCE NO. 029159 Ordinance amending Sections 12-108, Code of Ordinances, City of Corpus Christi, regarding Sunrise Beach recreation site rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. 13.c. ORDINANCE NO. 029160 Ordinance revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section -55100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for Fiscal Year 2011-2012; establishing the procedures for the Fiscal Year 2011-2012 of the wastewater rates; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Martinez and Scott voting "Aye"; Marez voting "No"; Adler and Kieschnick were absent. 13.d. ORDINANCE NO. 029161 Ordinance amending Section 2-79 of the Code of Ordinances, by authorizing an annual nonresident Library Fee; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. REGULAR AGENDA Mayor Adame referred to Item No. 14, City Auditor position. Margie Rose, Assistant City Manager provided highlights of the ordinance that establishes the City Auditor as follows: establishment of the office of City Auditor; independence, objectivity, and audit standards; council review; access to records and property; preparation and release of reports; powers and duties; peer review; and city auditor vacancy and selection process. Ms. Rose stated that the last sentence in Section 5-2 (I) of the Ordinance needs to be amended to read, .."AII employees of the City Auditor's Office shall be exempt from. classified service". A motion was made by Council Member Scott to amend the ordinance as stated, seconded by Council Member Elizondo and passed. City Secretary Chapa polled the Council for their votes on Item 14 as follows: City Council Minutes July 26, 2011 Page 10 14. FIRST READING ORDINANCE Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye"; Adler and Kieschnick were absent. Mayor Adame referred to Item No. 15, Mary Rhodes Pipeline Phase 2 Improvements Project. Pete Anaya, Director of Engineering. Mr. Anaya stated that this item is for the acquisition of easements related to the Mary Rhodes Pipeline project and for a legal services agreement to represent the City with environmental services, permits and land acquisition -matters -associated with this project. City Secretary Chapa polled the Council for their votes on Item No. 15.a. and 15.b. as follows: 15.a. RESOLUTION NO. 029162 Resolution determining that a public necessity exists for the acquisition of easements for the Mary Rhodes Pipeline Phase 2 Improvements Project for the public purpose, use and construction of a water pipeline; and authorizing the City Manager, City Attorney and Agents of the City to acquire the easements by means of negotiations or eminent domain, if necessary. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 15.b. MOTION NO. 2011-164 Motion authorizing the City Manager, or designee, to execute a Legal Services Agreement with Bruce Hawn, Welder Leshin, LLP, to represent the City in environmental services, permits, and land acquisition matters associated with acquisition of Mary Rhodes Pipeline Phase 2 easements, at an hourly rate of $250.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. Mayor Adame referred to Item No. 17, interview date for the City Auditor position. Council discussed dates for interviewing individuals for the newly created City Auditor position. There was concurrence to meet on August 9, 2011 at 9:00 am regarding this matter. PRESENTATIONS, Mayor Adame referred to Item No. 18, Report on 1-69 Town Hall Meeting. Rudy Garza, Interim Assistant City Manager informed the Council about the upcoming Corpus Christi Town Hall meeting scheduled for Tuesday, August 2, 2011, 5:30 pm - 7:00 pm at the Del Mar College - Center for Economic Development, to provide an update on the development of the 1-69 Corridor in Texas. -10- City Council Minutes July 26, 2011 Page 11 PUBLIC COMMENT MayorAdame called for petitions from the audience. The following citizens spoke regarding the following issues: Jack Gordy — illegal signs in the right of way; Joan Veith — water break in her neighborhood; Yolanda Mandel - opposed to Las Brisas; and Russel Roland - opposed to Las Brisas. CITY MANAGER COMMENTS City Manager Olson provided an update on the following city issues: ongoing work on the FY 2011-2012 operating budget; Nueces County Appraisal District; shifting of the Fiscal Year; improving the Development Services Department; and creation of a Performance Plan for the City of Corpus Christi. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:15 p.m. on July 26, 2011. —1 1 — MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting August 9, 2011 - 9:00 a.m Present: Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Kevin Kieschnick Priscilla Leal David Loeb Nelda Martinez Mark Scott Absent: John Marez City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall at 9:00 a.m. The invocation was delivered by Council Member Mark Scott and the Pledge of Allegiance was led by Council Member Kevin Kieschnick. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and required Charter officers were present to conduct the meeting. Mayor Adame announced the executive session which was listed on the agenda as follows: Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, and duties of the City Auditor with possible discussion and action in Open Session. Council returned from Executive Session at 11:36 a.m. The Mayor reconvened the meeting and asked if Council Members had any comments. Council Member Martinez made a motion seconded by Council Member Kieschnick as follows: MOTION NO. 2011-165 Motion hiring Celia Gaona as City Auditor contingent upon successful negotiation of employment terms with the Council Administrative Committee and completion of employment requirements of the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Loeb, Martinez, and Scott voting "Aye". Marez and Elizondo absent. There were no public comments and the meeting was adjourned at 11:40 a.m. —13— 2 a. INTERGOVERNMENTAL COMMISSION ON DRUG & ALCOHOL ABUSE — Three (3) vacancies with terms to 8-19-13. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION: Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso-Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. ORIGINAL MEMBERS TERM APPTD. DATE *Jesus S. Molina (City) 8-19-11 5-10-05 *Jean Newberry (City) 8-19-11 8-05-86 **Robert Huerta, Jr. (City) 8-19-11 7-06-10 Abby Saenz (County) 8-19-12 Aaron Bonds (County), Chair 8-19-12 Joe Alley (County) 8-19-12 Kirby Warnke (CCISD) 8-19-12 Yolanda Reyna (CCISD) 8-19-12 Rosario Voorhees (Calallen) 8-19-12 Allen Peters (Flour Bluff) 8-19-12 Steve Lackey (West Oso) 8-19-12 Gail Birdwell (Tuloso-Midway) 8-19-12 Anna Rodriguez (Robstown) 8-19-12 Legend: * Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jesus S. Molina (City) 7 4 57% Jean Newberry (City) 7 5 71% —17— OTHER INDIVIDUALS EXPRESSING INTEREST Ron Antosko Stephanie Cloutet Sandra L. Jackson Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (7/12/11) Recent college graduate. Received BBA in Business Management from Baylor University. (7/26/11) Equipment Specialist, Corpus Christi Army Depot. Attending Texas A&M University -Corpus Christi. Activities include: Corpus Christi Area Chapter Black in Government. (4/28/11) William M. Kramer, Jr. Abel A. Sanchez Roger Vazquez Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walls and Diabetes Walk. (6/17/11) Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Cline and Golf Marshal at Base. (4/12/11) Teaching Assistant, Texas A&M University -Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University -Corpus Christi. (5/18/11) -18- b. LIBRARY BOARD — One (1) vacancy with term to 11-05-11. (Since the term expires on 11- 05-11, it is recommended to reappoint to a new two-year period ending 11-05-13.) DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two - years. Each nominee must be confirmed by a majority of City Council Members. ORIGINAL MEMBERS TERM APPTD. DATE Mary Jane Garza 11-05-11 12-08-09 Lawrence Jordan 11-05-11 2-10-09 ***James M. Martin 11-05-11 2 -19 -08 -Dr. Stuart Elovitz 11-05-12 2-10-09 Lucy McCracken 11-05-11 11-08-05 John B. Keys 11-05-11 12-8-09 Michael Flores, Chair 11-05-12 5-13-08 Ella Wall Prichard, La Retama Club 11-05-12 11-09-10 Natalie Rogen, Friends of C.C. Libraries 11-05-12 2-10-09 Sue Stanford Honorary, non-voting 1-17-03 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation INDIVIDUALS EXPRESSING INTEREST Paul Altheide Ron Antosko Chief Executive Officer, Ed Rachal Foundation. Received AA from Del Mar College and BBA from Texas A & I University. Activities included: American Institute of Certified Public Accountants; Texas Society of Certified Public Accountants; Corpus Christi Estate Planning Council; and Del Mar Kiwanis Club. (8/04/11) Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (7/12/11) —19— William M. Kramer, Jr. Catherine MacLachlan Ken Muir Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Legal Assistant, Law Office of Richard J. Lorenz. Received BA from the University of Texas at Austin; MHR in Human Relations from the University of Oklahoma; and Texas Teaching Certification. Activities include: National Association of Underwater Instructors Master Diver; Goldn Key National Honor Society; UT and OU Alumni; and volunteer at Padre Island National Seashore and Texas Marine Mammal Stranded Network. (7/25/11) Attorney -Advisor, _ Corpus_ Christi-Army--Depot--Legal Office. Activities include: Volunteer for the Optimist Coastal Bend Chess Federation for scholastic chess. (4/18/11) —20— c. MARINA ADVISORY COMMITTEE — One (1) vacancy with term to 12-18-11. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. MEMBERS Robert Vega (Scientist) Dan Leyendecker (Engineer) John Adams (Environmentalist) Monte L. Reitz (Restaurant) Robert Cagle Hal Suter Marie Adams Roy Pell, Chair ***Rakesh Patel TERM 12-18-12 12-18-11 12-18-11 12-18-12 12-18-11 12-18-12 12-18-11 12-18-12 12-18-11 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation INDIVIDUALS EXPRESSING INTEREST Captain Ron Behnke Curt Broomfield ORIGINAL APPTD. DATE 12-18-07 12-18-07 12-18-07 12-07-10 12-18-07 12-18-07 12-18-07 12-18-07 12-18-07 Retired, Fishing Guide. Licensed United States Coast Guard Captain. Attended College. (4/12/11) CEO, South Beach Inc. Retired from U.S. Marine Corp. Activities include: Public Affairs Officer of the Coast Guard Auxiliary; USO Board; Past President of the Rotary Club; and former Convention and Visitors Bureau Board member. (6/08/11) —21— Sharon Emerson William M. Kramer, Jr. Anthony John Mulheron Larry L. White Martha Wild Paralegal, Law Office of Arnold Gonzales, Jr. Activies include: President and Board of Directors of Corpus Christi International Seamen's Center; Live Auction Chair of March of Dimes Celebrity Chefs Auction; former Bayfest Chairman and Chairman of the Mayor's Fourth of July Committee. (4/19/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online Activities include: Wounded Warrior. (5/02/11) Process Engineer, DuPont. Received B.S. and M.S. in Chemical Engineering from Louisiana Tech and M.S. in Environmental Engineering at Memphis State. Activites included. American Institute of Chemical Engineers; Corpus Christi Bucarader; Engineering Advisory Council; and Citizens Advisory Committee on Desalinization and new Harbor Bridge. (4/09/11) Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18/11) —22— d. REGIONAL HEALTH AWARENESS BOARD — One (1) vacancy with term to 1-01-14 representing the category of City Representative. (City Representatives serve until their replacement has been appointed and their terms are unlimited) DUTIES: To connect public, government and industry on issues regarding health, safety, and the government. COMPOSITION: The Regional Health Awareness Board is made up of thirteen (13) voting members representing a cross-section of health, environmental, and social interest. Two (2) of these community members will be appointed by the City Council, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County for three-year terms. At -large members are appointed to three-year terms as follows: 1 -City of Corpus Christi, 1 — Nueces County, 1 — San Patricio County, 2 — Port Industries of Corpus Christi, 1— Texas A & M —Corpus Christi, and 1 — Texas A & M — Kingsville. Additionally, there are four (4) ex-officio/non-voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County/City of Corpus Christi Public Health District and San Patricio County Department of Public Health. MEMBERS Dr. James Mobley (San Patricio — Comm. Rep.), Chair Tom Ballou (Port Industries) Margie Rose (City Representative) Patricia E. Mattocks (City — Community. Rep.) Patty Clark (City — Community Rep.) Ronald K. Barnard (County — Community Rep) Dr. William G. Curtis (County — Community Rep.) Alonso Molina (San Patricio — Community Rep.) Dr. Wesley Stafford (County Representative) Dennis Roberts (San Patricio Representative) Rich Tuttle (Port Industries) Dr. Mary Jane Hamilton (TAMU — Corpus Christi) Dr. Alvaro Martinez (TAMU — Kingsville) Annette Rodriguez (Nueces County Health Admin) Delores Bacon (San Patrico Administrator) Shirley Quinones (Environmental Protection Region 6) Susan Clewis (TX Comm. on Environmental Quality) TERM 01-01-12 01-01-13 01-01-14 10-01-11 10-01-12 10-01-12 10-01-12 10-01-12 01-01-13 10-01-12 01-01-14 01-01-12 01-01-12 Ex -officio Ex -officio Ex -officio Ex -officio ORIGINAL APPTD. DATE 10-01-05 10-01-03 03-08-05 10-14-08 10-13-09 06-01-09 06-01-09 10-01-03 02-02-11 10-01-05 01-01-07 10-01-05 05-01-09 (Note: Due to the reorganization of departments, Assistant City Manager Margie Rose is no longer responsible for the Health District. City Manager Olson is recommending the appointment of Assistant City Manager Oscar Martinez to replace Assistant City Manager Rose as the City Representative to a term ending 01-01-14.) —23— e. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — Two (2) vacancies with terms to 6-16-13 representing the category of At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ("SCP") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities_of_older-adults.-The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one- year/serve minimum fifteen (15) hours per week), 1— SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Shirley Tipton (SCP Volunteer) 6-16-12 6-16-09 Maria (Isabel) Odeh (SCP Vol. Station) 6-16-12 6-16-09 ****Christie Martinez (At Large) 6-16-11 6-08-10 Monica Rodriguez (At Large), Chair 6-16-12 2-09-10 Apolonia P. Cantu (At Large) 6-16-13 6-16-09 *Marie Partington (At Large) 6-16-11 6-16-09 Shirley A. Selz (At Large) 6-16-13 11-9-10 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation (The Senior Companion Advisory Committee is recommending the reappointment of Marie Partington and the new appointment of Martha Wild.) —24— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Marie Partington (At Large) 5 5 100% OTHER INDIVIDUALS EXPRESSING INTEREST Jonathan Mike Barlow Self Employed. Volunteers with Texas State Aquarium. (5/4/11) Stephanie Cloutet Margareta Fratila William M. Kramer, Jr. Mary Helen Salazar Martha Wild Recent college graduate. Received BBA in Business Management from Baylor University. (7/26/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (2/8/11) Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18/11) —25— 3 City of Corpus = Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com (361) 826-3169 Award for purchase of specialized equipment utilizing funds from the 2009 Homeland Security Grant PURPOSE: Motion approving the purchase of specialized equipment for a total amount of $180,641.28 from the 2009 -Homeland -Security Grant awarded to the City of Corpus Christi and budgeted in the State Homeland Security Program. BACKGROUND AND FINDINGS: On November 10, 2009, City Council approved to accept a grant in the amount of $1,030,745.58 from the Texas Department of Public Safety, Division of Emergency Management to carry out designated homeland security activities as part of the 2009 Homeland Security Grant Program. The funds are provided for homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response capabilities. An analysis was conducted and specialized equipment was identified. Pricing has been secured for the specialized equipment totaling $180,641.28. The grant deadline for all projects to be complete and for reimbursement requests, which includes a paid invoice and proof of payment, to be submitted to the State of Texas is April 15, 2012. ALTERNATIVES: Not applicable FINANCIAL IMPACT: X Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 1,030,745.58 1,030,745.58 Encumbered/Expended amount as of (DATE) 455,042.79 455,042.79 This item 180,641.28 180,641.28 BALANCE 395,061.51 395,061.51 FUND(S): Fire Grants: HSGP 09-12 51 -ISP Comments: The cost of the specialized equipment is $180,641.28. The Fire Grant funds have $1,030,745.58 allocated for the Homeland Security Grant Program to be expended by April 15, 2012. —29— RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fire Department Municipal Information Systems LIST OF SUPPORTING DOCUMENTS: Not applicable cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Michael Armstrong, Director of MIS Richie Quintero, Interim Fire Chief —30— 4 loweiloY City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: 08/23/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Motion Authorizing Execution of a Service Agreement for Professional Psychologist Services (Request for Proposal No. BI -0149-11) PURPOSE: Motion approving a professional services agreement for professional psychologist services with Sharon L. Rogers, Ph.D., P.C. of Corpus Christi, TX, for an estimated amount of $385,080 of which $117,663 is required in FY 11-12. The term of the agreement will be three years with an option to extend for up -to -two additional one-year periods subject to the approval of the -vendor and the city manager or his designee. Funding is available in the General and Airport Funds in FY 11-12 and will be requested in future fiscal years. BACKGROUND AND FINDINGS: This service agreement will provide professional psychologist services specific to the needs of recruits and sworn officers in the Police, Fire and Aviation departments. Services will consist of counseling related to personnel issues, work stress, critical incidents and use of lethal force. The professional psychologist will determine if candidates for sworn officer positions may be certified as psychologically fit to perform required duties and will interview candidates to assess their psychological fitness to serve on the SWAT and Hostage Negotiation teams. In June of 2010, City Council approved a five-year contract for professional psychologist services with Yaron G. Rabinowitz, Ph.D. Due to the fact that he is relocating, Dr. Rabinowitz recently submitted a notice of contract termination. Thus, it is necessary to secure these services from a new provider under a new agreement. Request for Proposal BI -0149-11 was issued. A proposal was received from one proposer, Sharon L. Rogers, Ph.D., P.C., with whom an agreement has been negotiated. Pursuant to the requirements for this service, as prescribed by the Texas Commission on Law Enforcement Officer Standards & Education, the psychologist must be licensed by the Texas State Board of Examiners of Psychologists. Dr. Rogers is so licensed. ALTERNATIVES: In lieu of having a contracted professional psychologist, the Police, Fire and Aviation Departments could secure such services on a case-by-case. However, having a contracted service provider ensures the ready availability of and access to such services, enables officers to establish a rapport with one provider and provides fixed and firm pricing with respect to budgeting requirements. FINANCIAL IMPACT: o Not Applicable x Operating Expense -33- ❑ Revenue o CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 347,810.00 $ 695,620.00 $ 1,043,430.00 Encumbered/Expended amount as of (8/1/11) 0.00 0.00 0.00 This item $ 117,663.00 $ 267,417.00 $ 385,080.00 BALANCE 230,147.00 428,203.00 658,350.00 FUND(S): Police, Fire an Aviation Departments RECOMMENDATION: Staff recommends authorizing award of a professional services agreement with Sharon L. Rogers, Ph.D., P.C. for the provision of professional psychologist services. CONFORMITY TO CITY POLICY: This purchase conforms with City purchasing policies and procedures and state statutes regulating procurement EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police, Fire and Aviation Departments. LIST OF SUPPORTING DOCUMENTS: Summary Evaluation Matrix, and Professional Psychologist Service Agreement attached. cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management & Budget Margie Rose, Assistant City Manager Troy Riggs, Chief of Police Richie Quintero, Interim Fire Chief Fred Segundo, Director of Aviation —34— CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI -0149-11 Evaluation Criteria Professional Psychologist Services Summary Evaluation Matrix Maximum Score Technical Solution 15% Proposer's Profile & Qual. 35% Pricing 50% Exceptions 0% Total Score 100% SHARON L. ROGERS, Ph.D., P.C. Corpus Christi, TX 14.3% 35.0% 50.0% 0.0% 99.3% -35- SERVICE AGREEMENT No. SA11-060 THIS PROFESSIONAL PSYCHOLOGIST SERVICES AGREEMENT (this "Agreement") is entered into by and between Sharon L. Rogers, Ph.D., P.C. (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 PROFESSIONAL PSYCHOLOGIST SERVICES in response to Request for Proposal No. BI -0149-11, which is incorporated by reference and attached hereto as Exhibit A; WHEREAS the City has determined Contractor to be the most advantageous Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide PROFESSIONAL PSYCHOLOGIST SERVICES in accordance with Request for Proposal No. BI -0149-11, which is incorporated by reference and attached hereto as Exhibit A. 2. Fee for Services. The City agrees to pay the Contractor those fees mutually agreed to between both parties as set out in Exhibit A and incorporated herewith. Fees are fixed and firm for the duration of the initial three-year contract and for each of the two one-year extension options. 3. Term. This Agreement is for three years, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee ("City Manager".) 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phaces 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 Chief of Police. 5. 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. 6. 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 thirty (30) days' advance written 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 fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI -0149-11, which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty (30) days' advance written notice to Contractor. 136— 7. 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. 8. 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. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's bid offer to Request for Proposal No. BI -0149-11 waives any subsequent breach of the same. 10. 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 11. 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. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perforin the services specified in Request for Proposal No. BI -0149-11. 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 at least 5 work -days' advance 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 twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on 24 -hours' advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out in Section 14 of this Agreement. 14. 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 thirty (30) days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing 24 hours' advance written notice to Contractor. 15. 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 testing policy. -7- 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. The City has a zero -tolerance Violence in the Workplace policy. 17. 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 in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Chief of Police P. O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Name: Sharon L. Rogers, Ph.D., P.C. Contact Person: Sharon L. Rogers Address: 1001 Ayers Street City, State, Zip: Corpus Christi TX 78404 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new PROFESSIONAL PSYCHOLOGIST SERVICES contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then -current fee under the term of this Agreement, 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. 19. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITYAND 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 AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, 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 UNMIliaD WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR 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 %IND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 20. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. —38- 3 SIGNED this °? day of , 2011. CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF Contractor: Sharon L. Rogers, Ph.D., P.C. S -&& 0°2 C . Signature b %l / ` Date Name: Sharon L. Rogers Title: d a-Jtiunr - , 2011. CARLOS VALDEZ, CITY ATTORNEY By: Brian Narvaez, Assistant City Attorney Incorporated by Reference: Exhibit A: Fee Schedule Exhibit B: Request for Proposal No. BI -0149-11 Exhibit C: Proposer's Proposal —39- 4 Exhibit A FEE SCHEDULE FIRST ONE - INITIAL YEAR THREE-YEAR EXTENSION CONTRACT OPTION SECOND ONE- YEAR EXTENSION OPTION ITEM FEE PER HOUR FEE PER HOUR FEE PER HOUR Personnel Assessment and $250.00 $300.00 $350.00 Selection $250.00 $300.00 $350.00 Interview $250.00 $300.00 $350.00 Test Interpretation $250.00 $300.00 $350.00 Feedback to Chief $250.00 $300.00 $350.00 Administrative Work $250.00 $300.00 $350.00 Teaching Classes $250.00 $300.00 $350.00 J Performance Enhancement $250.00 $275.00 $300.00 Leadership Development First Individual Session $225.00 $250.00 $275.00 Follow Up Session $200.00 $225.00 $250.00 Group Feedback/Instruction $225.00 $250.00 $275.00 Clinical Work Intake Interview/First Session $250.00 $275.00 $300.00 Follow Up Sessions $250.00 $275.00 $300.00 Training and work (non selection or clinical) with HNT /SWAT $300.00 $350.00 $400.00 Court Testimony $250.00 $275.00 $300.00 NOTE! Pricing is firm for the duration of the initial three-year contract and for each of the two optional one-year extension periods. NOTE! Pricing shall include all costs of all equipment, office supplies and all other direct or indirect costs associated with your organization's provision of this service. -i10- 5 r.••.... City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com (361) 826-3169 Award of supply agreements: Hot Mix Asphalt — Type D (Bid Invitation Number BI -0172-11) PURPOSE: Motion -approving -supply -agreements with the following suppliers for the following amounts for hot --mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI -0172-11 for an estimated semi-annual expenditure of $995,377.50. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2011-2012. BAY, LTD. Corpus Christi, Texas $943,065.00 Primary Supplier BACKGROUND AND FINDINGS: HAC MATERIALS, LTD. Corpus Christi, Texas $52,312.50 Secondary Supplier Grand Total: $995,377.50 This commodity is used by Street Services for the repair of City Streets. It has been under contract with the current primary supplier, Bay, Ltd., since May 2009. HAC Materials, Ltd. did participate as the secondary supplier but chose not to extend due to the raising costs of raw materials. Due to increasing materials costs, it was not feasible for Bay, Ltd., to maintain pricing through the duration of the contract. The contractor agreed to hold pricing until a new contract is in place. The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract in the event the primary supplier is unable to provide product. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. ALTERNATIVES: Bids received from Bay, Ltd., and HAC Materials, Ltd., meet all of the City's bid requirements. Bay, Ltd., submitted the lowest price and is therefore recommended as primary supplier. HAC Materials, Ltd., submitted the second lowest price and is recommended as secondary supplier. —43— FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. Current Future TOTALS v (CIP Only) Year Years Budget 0 $ 5,528,478.64 $ 5,528,478.64 T Encumbered/Expended amount as of (DATE) 0 0 0 0 This item 0 995,377.50 0 995,377.50 BALANCE 0 4,533,101.14 0 4,533,101.14 FUND(5): General RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Storm Water Department Street Division LIST OF SUPPORTING DOCUMENTS: BI -0172-11 Bid Tabulation Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Valerie Gray, Director of Storm Water Operations Andy Leal, Assistant Director of Street Services —44— CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: REBECCA JEFFCOAT DATE: 08/23/2011 BID TABULATION NO. BI -0172-11 HOT MIX ASPHALT - TYPE D Primary Supplier Secondary Supplier Award Total: Grand Total: $943,065.00 $995,377.50 $52,312.50 The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. -45- Bay, LTD. Corpus Christi, Tx HAC Materials LTD. Corpus Christi, Tx ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE UNIT EXTENDED PRICE PRICE 1 2 Hot Mix Asphaltic Concrete Pavement Item 340, PG 84-22, Type D, supplied with an anti -stripping agent. Monday thru Friday Hot Mix Asphaltic Concrete Pavement Item 340, PG64=22—Type DTsupplied with an anti -stripping agent. Monday thru Friday 14,250 750 Ton Ton $66.18 $943,065.00 $69.75 $52,312.50 - Award Total: Grand Total: $943,065.00 $995,377.50 $52,312.50 The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. -45- 6 City of Corpus = Chnsti AGENDA MEMORANDUM for the City Council Meeting of (August 23, 2011) DATE: August 1, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of MIS MichaelAr@cctexas.com 361-826-3735 Renew maintenance and licensing agreement with Calence, DIR SDD-1460, for Cisco IronPort Internet filtering device. PURPOSE: Motion authorizing the City Manager or designee to renew a maintenance and licensing agreement for one (1) IronPort Internet filtering device with Calence, DIR-SDD-1460. Agreement will cover all City network users for three (3) years for a total cost of $75,298.11. This purchase will be financed over a three year period with Key Govemment Finance, Inc. of Superior, Colorado with three annual payments of $25,099.37. BACKGROUND AND FINDINGS: A service agreement for a Cisco IronPort web security device has been in place for the last three years. The device works well and satisfies our need to filter and monitor user's Internet activity. The term of the proposed agreement does not exceed the expected useful life of the equipment. Financing through Key Government finance for three (3) years improves affordability due to better pricing for a longer term commitment. Three annual payments of $25,099.37 will be required. Total payments over the three years total $75,298.11. One payment will be required during the current fiscal year. Funds for this payment are available in the current MIS budget. Funding for subsequent years is subject to annual appropriation of funds. ALTERNATIVES: Not renewing agreement will result in loss of filtering and monitoring of the City's intemet activity. No comparable device or service is available for less than the proposed agreement. OTHER CONSIDERATIONS: City Council approved a lease contract with Key Government Finance, Inc. for similar services in 2009. —49— FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue Page 2 of 2 ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 0 Encumbered/Expended amount as of (DATE) 0 This item 0 25099.37 50198.74 75298.11 BALANCE 0 25099.37 50198.74 75298.11 FUND(5): RECOMMENDATION. Staff recommends purchasing the service. CONFORMITY TO CITY POLICY: Conforms to Policy G25 — Electronic Communication EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. LIST OF SUPPORTING DOCUMENTS: Two sets of signed Financing Documents Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager -50- Tuesday, August 02, 2011 City of Corpus Christi John Sendejar 1201 Leopard Street Corpus Christi, TX 78401 Re: Key Government Finance, Inc. Property Schedule No. 5 ill I,III, CISCO Key Government Finance, Inc. 1000 South McCaslin Boulevard Superior, CO 80027-9456 Dear Mr. Sendejar: Enclosed, please find two (2) sets of financing documents for your review and execution. (If these documents were emailed to you, please print out two (2) sets.) Execute both sets and return all of the originals to my attention. The original sets of the executed documents are required prior to funding your transaction. To expedite the return of these documents, please overnight them to me using Key Government Finance's FedEx account #129905042,—and-send to: KEY GOVERNMENT FINANCE, INC. ATTN: SUZANNE HOFF 1000 S. MCCASLIN BLVD, SUPERIOR, CO 80027. All fully executed documents must be returned no later than Wednesday, August 31st, 2011; otherwise, the transaction may be subject to re -pricing. Only the person with Signing Authority should execute the documents. For verification of original documents, please execute in blue ink. Upon closing, Key Government Finance will return a fully executed original set for your files. Please refer to the enclosed Document Checklist when preparing the documents. Executed documents required for funding are: 1. Property Schedule No. 5 2. Property Description and Payment Schedule (Exhibit 1) 3. Lessee's Counsel's Opinion (Exhibit 2) 4. Lessee's Certificate (Exhibit 3) 5. Payment of Proceeds Instructions (Exhibit 4) 6. Acceptance Certificate (Exhibit 5) 7. Bank Qualification Certificate (Exhibit 6) 8. Notification of Tax Treatment. 9. Invoicing Instructions — Required in order to ensure that invoices are directed to the proper area in your organization. Please contact me at 720-304-1419 with any questions or concerns you may have. Sincerely, Suzanne Hoff, Account Manager KEYCORP CONFIDENTIAL - This is counterpart # of manua/gxecuted counterparts. Only counterpart *1 constitutes chattel paper ❑ Property Schedule 5* ❑ Property Description and Payment Schedule -Exhibit 1 ❑ Lessee's Counsel's Opinion - Exhibit 2. Exhibit 2 is the standard legal opinion used by Key Government Finance, Inc.. This opinion will need to be processed by your attorney on their letterhead. Your attorney will want to review the Lease/Purchase Agreement. ❑ Lessee's Certificate - Exhibit 3. Please fill in the date of the meeting of the governing body, referenced in section 1. We would also like a copy of those minutes or board resolutions for our files. ❑ Payment of Proceeds Instructions - Exhibit 4. This is the Vendor payment information. ❑ Acceptance Certificate - Exhibit 5. The date of Acceptance will need to be filled in with the date the equipment is installed and accepted. ❑ Bank Qualification Certificate -Exhibit 6 — One of the boxes must be checked. ❑ Notificationof ❑ Invoicing Instructions — The information you provide enables us to invoice you correctly. An IRS Form 8038-G or 8038 -GC will be required for this transaction. Please consult with your Legal/Bond Counsel for instruction to complete this form. The original form will be required for funding, which we will submit to the IRS on your behalf. Or, you may submit the original completed form to the IRS directly. KGF will require a copy of the completed form and proof of filing prior to funding. DOCUMENTATION CHECKLIST *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. KEYCORP CONFIDENTIAL - This is counterpart # _ of _ manually executed counterparts. Only counterpart # 1 constitutes chattel paper -52- Property Schedule No. 5 Master Tax -Exempt Lease/Purchase Agreement This Property Schedule No. 5 is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax - Exempt Lease/Purchase Agreement (the "Master Agreement"), dated as of 4/2/2009, between Key Government Finance, Inc., and City of Corpus Christi. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date for this Property Schedule is 8/23/2011. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit A hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Rental Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5. Lessees Certificate. The Lessee's Certificate is attached as Exhibit 3. 6. Payment of Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions_attached hereto as Exhibit 4. 7. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 5. 8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Rental Payments payable under this Property Schedule shall be subject to prepayment as follows: See termination amount in Exhibit 1 (Payment Schedule), subject to per diem adjustment. 9. Bank Qualified Tax -Exempt Obligation. Attached as Exhibit 6. 10. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this Property Schedule and all ancillary documents) are not received by Lessor at its place of business by 8/31/2011. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: Key Government Fin nce, Inc. By: ti r v P. Name: MYRA AKSAM°" CON 'l' Title: Lessee: City of Corpus Christi By: Name: Title: Attest By: Name: Title: Approved as to form. ?/3(a" `1 n�� Lisa Aguila Assistant Cltyr Attorney For City Attorney KEYCORP CONFIDENTIAL - This is counterpart # of _ manuallteiecuted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule No. 5 to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Corpus Christi. The Property is as follows: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. EQUIPMENT LOCATION: 1201 Leopard St., Corpus Christi, TX 78401 USE: Networking - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Rental Payment Schedule If the Due Dates are not defined in this Rental Payment Schedule, they shall be defined as the first day of each annually period of this Rental Payment Schedule commencing with the Acceptance Date. Total Principal Amount $72,729.80 Payment No. Due Date Payment made by Lessee Principal Interest Termination Amount 1 23 -Sep -2011 25,099.37 24,903.00 196.37 49,261.61 2 23 -Sep -2012 25,099.37 23,526.56 1,572.81 25,029.25 3 23 -Sep -2013 25,099.37 24,300.24 799.13 0.00 Lessee: City of Corpus Christi By: Name: Title: Approved as to form. T73/a43 Lisa Aguilar L) Assistant City Attorney For City Attorney KEYCORP CONFIDENTIAL - This is counterpart # _ of _ manually5 cuted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT A Property Description Equipment as described in Calence insight Networking Solutions Quote Dated 4/18/201 referred to and incorporated herein by this reference. CoCC (Cisco IronPort Maintenance Renewal - 3 Yr with Data Loss Prevention) Part Number Description WBUN-2A-GV-DBE-3Y-REN Cisco IronPort Web Security Single Appliance GOV Bundle 4. Renewal - 3 Year- Web Usage Controls, Web Reputation, Malware Protection, Platinum Support: S/N 2DXF4G1 & 38RLXF1 EBUN-2A-GV-SQRTV-3Y-REN IronPort Dual Appliance Bundle renewal GOV- 1 Year including: IronPort Platinum Support, IronPort Anti -Spam, Sophos Anti -Virus, and Virus Outbreak Filters, Email Encryption, Dala Loss Prevention, Centralized Management S/N 4BTKLF1 & J9TKLF1 KEYCORP CONFIDENTIAL - This is counterpart # of manuallecuted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT 2 Lessee's Counsel's Opinion [To be provided on letterhead of Lessee's counsel.] [Address to Lessor and Lessee] RE: Property Schedule No. 5 to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Corpus Christi. Ladies and Gentlemen: We have acted as special counsel to City of Corpus Christi ("Lessee"), in connection with the Master Tax -Exempt Lease/Purchase Agreement, dated as of 4/2/2009 (the "Master Agreement"), between City of Corpus Christi, as lessee, and Key Government Finance, Inc. as lessor ("Lessor"), and the execution of Property Schedule No. 5 (the "Property Schedule") pursuant to the Master Agreement. We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement and Property Schedule. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Master Agreement and the Property Schedule and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Master Agreement and the Property Schedule and to perform its obligations thereunder. 3. The execution, delivery and performance of the Master Agreement and the Property Schedule by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Master Agreement and the Property Schedule, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Master Agreement and the Property Schedule. 7. The Master Agreement and the Property Schedule have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 8. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the KEYCORP CONFIDENTIAL - This is counterpart # _ of manua!y5e ecuted counterparts. Only counterpart # 1 constitutes chattel paper Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. 9. The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder, and the portion of payments identified as the interest component of the rents (as set forth in the payment schedule attached to the Property Schedule) will not be includable in Federal gross income of the recipient under the statutes, regulations, court decisions and rulings existing on the date hereof and consequently will be exempt from Federal income taxes. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: DO NOT SIGN THIS FORM - MUST BE ON LETTERHEAD OF LESSEE'S COUNSEL Dated: KEYCORP CONFIDENTIAL - This is counterpart # of manuaLLytypc.uted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT 3 Lessee's Certificate Re: Property Schedule No. 5 to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Corpus Christi. The undersigned, being the duly elected, qualified and acting of the City of Corpus Christi ("Lessee") do hereby certify, as of 8/23/2011, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held on by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above -referenced Property Schedule (the "Property Schedule") and the Master Tax -Exempt Lease/Purchase Agreement (the "Master Agreement') by the following named representative of Lessee, to wit: NAMEOF EXECUTING OFFICIAL (Official who signed the documents.) TITLE OF EXECUTING OFFICIAL SIGNATURE OF EXECUTING OFFICIAL And/ Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present -time -the office set -forth -above. ---- 3. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. AU meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. City of Corpus Christi Attest By: Title: SOMEONE OTHER THAN THE EXECUTING OFFICIAL(S) SHOWN ABOVE MUST SIGN HERE. KEYCORP CONFIDENTIAL - This is counterpart # of manuaUy 5 cuted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT 4 Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Payment of Proceeds Instructions Re: Property Schedule No. 5 (the "Property Schedule") to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. ("Lessor") and City of Corpus Christi ("Lessee"). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: By check By wire transfer City of Corpus Christi By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually5;Faieuted counterparts. Only counterpart # 1 constitutes chattel paper EXHIBIT 5 Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Acceptance Certificate Re: Property Schedule No. 5 to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Corpus Christi Ladies and Gentlemen: In accordance with the above -referenced Master Tax -Exempt Lease/Purchase Agreement (the "Master Agreement"), the undersigned ("Lessee") hereby certifies and represents to, and agrees with, Key Government Finance, Inc. ("Lessor"), as follows: Date: (1) The Property, as such terms are defined in the above -referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof. City of Corpus Christi as Lessee By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of_ manualiTusuted counterparts. Only counterpart# 1 constitutes chattel paper EXHIBIT 6 Bank Qualification Certificate Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Re: Property Schedule No. 5 to Master Tax -Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Corpus Christi. Bank Qualified Tax -Exempt Obligation ❑ (Check box for Bank Qualified designation) Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.00. Non -Bank Qualified Tax -Exempt Obligation ❑ (Check box for Non -Bank Qualified designation) Lessee reasonably anticipates issuing more than $10,000,000.00 in tax-exempt obligations in the calendar year of the Commencement Date as defined in the Property Schedule. **Note: ONE of the boxes above MUST be checked. Lessee: City of Corpus Christi By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manuaHy5x-beuted counterparts. Only counterpart # 1 constitutes chattel paper Notification of Tax Treatment Key Government Finance, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. X I am exempt from sales/use tax and I have attached a completed exemption certificate to Key Government Finance, Inc. I have previously provided a completed exemption certificate to Key Government Finance, Inc. which is valid for this transaction. _tam -exempt -from -state -tax but -subject -to local -tax. I -have -attached acompleted exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: City of Corpus Christi By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of _ manuaLy&lecuted counterparts. Only counterpart # 1 constitutes chattel paper KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper -63- LESSEE INVOICE INSTRUCTIONS (The information you provide enables us to invoice you correctly.) City of Corpus Christi BILL TO ADDRESS: BILLING CONTACT: First, M.I. and Last Name: Title: Phone Number: Fax Number PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES NO Purchase Order Number: FEDERAL TAX ID NUMBER: EQUIPMENT LOCATION (If different from Billing Address): ADDITIONAL INFORMATION NEEDED ON INVOICE: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper -63- 7 d6 City of Corpus Christi tasoW AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: July 25, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Street Closure: Making Strides Against Breast Cancer 5K Walk PURPOSE Motion approving the application for street closure from the American Cancer Society to temporally close the following street sections for the Making Strides against Breast Cancer 5K Walk; to take place, Saturday, October 22, 2011. A. The temporary street closure of Northbound Shoreline Boulevard between Furman Street and Power Street, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011. B. The temporary street closure of Northbound and Southbound Shoreline Boulevard between Power Street and the Art Museum of South Texas; including the barge dock, beginning at 5:00 A.M. and ending at 12:00 P.M on Saturday, October 22, 2011. BACKGROUND AND FINDINGS: The American Cancer Society Making Strides Against Breast Cancer walk unites communities to celebrate people who have battled breast cancer, educate people about ways to reduce their risk, and empower communities to join the fight. Since 1993, nearly 7 million walkers have raised more than $ 400 million to help fight breast cancer through participating in a 3 to 5 mile non competitive events. In 2010, nearly 800,000 walkers across the country collected more than $ 60 million to save lives from breast caner. This year the Strides Against Breast Cancer 5K Walk will begin and end at the Water Garden. An expected 10,000 participants will unite to walk along the Bayfront on Shoreline Boulevard to raise local awareness. ALTERNATIVES: Not Applicable v.\cMnIMccoIknroecctr c\IrAdCCOIMr\rrll lkIrll efCI.me RACIMIC\CV+n 1 INcDcrfl1 Pm,Are crocrrn ne MCC \ IA AV1M/] CTOInee _g7_ OTHER CONSIDERATIONS: Traffic Engineering has approved a one lane closure of northbound Shoreline Boulevard in the past. Over 6000 participants walked in last year's event overflowing the protected route. This required the police department to implement a complete road closure of northbound Shoreline Boulevard. Event organizers should consider beginning the walk at the earliest time as possible, or shortening 'the route in order to minimize the impact on traffic flow and the safety of the participants. FINANCIAL IMPACT: X Not Applicable RECOMMENDATION: ❑ Operating Expense o Revenue o CIP Traffic Engineering recommends that the street closure application for northbound Shoreline Boulevard be approved for the Strides Against Breast Cancer 5K Walk. CONFORMITY TO CITY POLICY: Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article I. IN General; Division 2- Temporary Closure of Streets EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable LIST OF SUPPORTING DOCUMENTS: Street Closure Application Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E., Assistant City Manager K:\ENGINEERING\TRAFFIC ENGINEERING\COUNCIL AGENDA MEMOS\FY 1411\SPECIAL EVENTS STREET CLOSURES\MAKING STRIDES AGAINST BREAST CANCER\AGENDA MEMO -MAKING STRIDES AGAINST BREAST CANCER.DOCX -68- City of _' �- Corpus .r,.,.� Christi City of Corpus Christi Department of Engineering Services Traffic Engineering CoryuschrisB '1111' APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT zaon Sponsoring Event: , //� 1. Name of Organization ti E t VI, P (gym& l thietr-sty Piz Address: City: Phone #: g101 5. eqbAkideu L 44 state: zip: ow/ n 41- • a'7 -d3(, Fax#: .1p / Email: )0)1;el l;e r%(�(.G 1 £ &31/7011-7re 2. Name of Proposed Event: 7 3. Date of Planned Event: / IIO" pcP 4. Key Contact Individual edict e Phone #: ?5'? -z/ J(n 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE AJur P803n�9 Shoiq q /netot /�d1 lfbf n. _ ),tlavir (-ordorb TO — (-vrota,' 5f(ttl Tina — -/ILY 6. Purpose pf Even and,Detailed Description of Activ' 'es Plan d: $ Il wal>u»Si of Ol d/ u�r�'� j1 Racist Cotten(, aI( rr® _Arm fie x'-/ce[t o r.Jrf./fur$ 7. List foods and beverages to be served: 11)4 pr Page 1 of B —69— 8. Services Requested by the City: 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event, 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In_consideration _of obtaining -a_ permit_ to_ close_ a- City -street for -a public -event,, -the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four -percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A" E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi -tenant buildings. This notice is to be fumished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor, security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 -70- K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and retum it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Camival-type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. a� 3tzd t Evdnt Chairman/Organizer Signature AN inCi@d1. e IWO r SMiI& Sponsoring Organization Or 5 '6/ Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469-9277 Page 3 of 8 —71— INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, -therefore, -in -consideration for -the -issuance -of a -permit -to the undersigned - by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of - Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this AD date of t Applicant Signature r�u��, ern7&.- 5O &e Company Name Page 4 of 8 —72— EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such Insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination Is Per occurrence aggregate required -on -all -certificates COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind. Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 1I. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. 2008 Street Closure Permit Ins. req, 5-8.08 ep Risk Mgml. Risk Management Representative Approved Insurance Date Page 5 or 8 —73— DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required; application. No streets shall be closed temporarily nor shall any street right-of-way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms famished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988) Sec. 49-16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary -closure of -a- street or streets in the following manner. a) Neighborhood events. For neighborhood events at which no admission is charged and no Items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5, 7-24-2007) Sec. 49-17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)/five hundred thousand dollars ($500,000.00)/one hundred thousand dollars ($100,000.00) Page 6 of 8 -74- and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)/one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to Indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard fomi of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To -all -building -managers and property managers of all multi -tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi -tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. 1) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 -75- n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way, o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53-195 for a contractor occupying public right-of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements,- the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11-1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007) Sec. 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either. a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses Incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6-15-1983) Sec. 49-19. Reserved. http://www.mun icode.com/resources/oatewav.asp?pid=13945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page 8 of 8 -76- SCALE: N.T.S. AERIAL FLOWN 2006 CANCER WAL EVENT ROUTE LAWRENCE ST. T—HEAD FURMAN AVE. EVENT ROUTE TURN AROUND SUBJECT: STRIDES AGAINST BREAST CANCER WALK NIES IS Traffic Engineering Div, Engineering Services Dept. !/— leitCity of Corpus Er Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 10, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services/0 petean@cctexas.com (361) 826-3781 Richie Quintero, Interim Fire Chief richieq@cctexas.com (361) 826-3936 Approval of Job Order Contract: Fire Station Warehouse Slab Replacement (Project No. E11051) PURPOSE: Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for the Public Safety Warehouse Fire Station Slab Replacement. (BOND ISSUE 2008) BACKGROUND AND FINDINGS: This property and building was purchased under the Bond Issue 2008, in lieu of constructing a new facility for the Public Safety Warehouse for the Police and Fire Departments. As part of the purchase agreement, the former owner was required to make modifications for improved access to the property and into the warehouse. This primarily included pavement repairs and additional garage door openings. This property is of sufficient size to locate and construct a new Police Department Warehouse by separate contract. This project consists of replacing the current 3'/ inch thick concrete slab and constructing a new 18 inch thick steel reinforced concrete slab. This will be done by sawcutting the existing concrete and removing it while excavating additional material to allow for the increased thickness. This will accommodate the weight of the emergency vehicles and will reduce future maintenance and repairs. ALTERNATIVES: 1) As preserved. 2) Prepare package for formalized bid process; would require additional time and money. OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction—related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost-effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as -needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. —81- J:\GEN\FIRE DEPARTMENT1E11051 FIRE WAREHOUSE SLAB REPLACEMENT2 AGENDA ITEM.DOCX (VELMAP) FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Page 2 of 2 Comments: RECOMMENDATION City staff recommends that the construction contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for Fire Station Warehouse Slab Replacement. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —82- J:IGENFIRE DEPARTMENT\E11051 FIRE WAREHOUSE SLAB REPLACEMENTI2 AGENDA ITEM.DOCX (VELMAP) Prior Year (CIP Only) Current Year Future Years TOTALS FISCAL YEAR: 2011-2012 Budget $0.00 $85,435.14 $0.00 $85,435.14 Encumbered/Expended Amt. as of July 29, 2011 0.00 0.00 0.00 0.00 This item 0.00 74,833.14 0.00 74,833.14 BALANCE $0.00 $10,602.00 $0.00 $10,602.00 FUND(S): Fire Comments: RECOMMENDATION City staff recommends that the construction contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for Fire Station Warehouse Slab Replacement. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —82- J:IGENFIRE DEPARTMENT\E11051 FIRE WAREHOUSE SLAB REPLACEMENTI2 AGENDA ITEM.DOCX (VELMAP) PROJECT BUDGET Fire Station Warehouse Slab Replacement Project No. E11051 August 23, 2011 FUNDS AVAILABLE: Fire CIP Fund (Bond Issue 2008) $85,435.14 FUNDS REQUIRED: Construction (Barcom Commercial, Inc.)......... ........... ....... ......... ...... Contingencies (10%) Engineering Services (3.5%) Misc. (Printing, Advertising, etc.) Total —83— $74,833.14 7,483.00 2,619.00 500.00 $85,435..14 —_ File \Mproject\councilexhibits\exhE11051. dwg UP RCCUP R .11 cc AGNES CORPUS CHRISTI INTERNATIONAL q AIRPORT CORPUS ctKPIst "ay McGLCIN RD Lx PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT # E11051 VICINITY MAP NOT TO SCALE FIRE STATION WAREHOUSE SLAB REPLACEMENT 84 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-23-2011 mow mu. war min w•00 9 WICity of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: PURPOSE: Pete Anaya, P.E., Director of Engineering Services E -Mail: Peteancctexas.com Work Phone: 826-3781 Texas Commission on Environmental Quality Grant for Air Quality Planning a. Resolution Authorizing the City Manager, or designee, to Accept an Additional Grant from the Texas Commission -on -Environmental Quality in the Amount of $96,592.99 for Air -Quality Planning and Authorizing the City Manager to Execute Related Amendments to Interlocal Cooperation Agreements with North Texas University and Texas A & M University — Corpus Christi b. Ordinance appropriating $96,592.99 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has made an additional $96,592.99 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub -contract Near Non -attainment Assessment and Planning and Pollution Prevention Partnership. The grant agreement must be executed by the City and TCEQ prior to September 1, 2011. To ensure the funds are obligated prior to September 1, 2011, TCEQ has requested the grant amendment be approved to simply accept the additional funding. They will address the work program for the additional funds through a future amendment that will be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Resolution and Ordinance as recommended. 2. Decline to accept the grant offer. FINANCIAL IMPACT: X Not Applicable o Operating Expense J:\GENIENVIRONMlAirQuelilyGrant20111Amd2SupplementalFundingMemc. tlocx _87_ ❑ Revenue o CIP Page 2 of 2 FISCAL YEAR: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 96,592.99 96,592.99 Encumbered/Expended amount as of 08/30/2011 0.00 0.00 This item 0 0.00 0.00 BALANCE 0 96,592.99 0.00 96,592.99 COMMENTS: Funds not sub -contracted will be utilized to defray the cost of grant administration. RECOMMENDATION: Approval of the resolution and ordinance as presented. CONFORMITY TO CITY POLICY: The contracts and selection process complies with City Policy. EMERGENCY / NON -EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: Grant Agreement Amendment Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager J:\GEMENVIRONM W irQualityGrant201114md2SupplementalFuntlingMemo.tlocx -88- Grant Agreement 582-11-11223 Texas Commission on Environmental Quality Grant Agreement for Air Quality Planning Grant Amendment Number Two Signature Page Grant No. 582-11-11223 Amendment 2 Grant Agreement Name: Corpus Christi Area Rider 8 Agreement Grant Agreement Number: 582-11-11223 Performing Party: City of Corpus Christi Performing Party Identification Number: 17460005741 Maximum TCEQ Obligation: $612,922.25 Effective Date of Amendment: Date of Last Signature Expiration Date of Grant Agreement: 08/31/2012 The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and Performing Party, a governmental body, agency, or political subdivision of the State of Texas, amend this Agreement (Grant Agreement) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas, _The _parties _ agree:_ the amendment_ must_ be signed by an authorized party of theTCEQand the Performing Party; as authorized by TCEQ, Performing Party will conduct Grant Agreement Activities as part of its own authorized governmental functions, and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards and this Grant Agreement. Parties to the Grant Agreement Amendment Texas Commission on Environmental Quality (TCEQ) City of Corpus Christi (Performing Partyl By (authorized signature) Printed Name Zak Covar Title Deputy Executive Director City Manager Date of Si:nature Grant Agreement Manager Name Leigh Ann Brunson, Grant Manager Contact Phone Number _(512) 239-1903 Procurement and Contract's Representative Printed Name Deborah Brown, CTPM, CTCM Date Pager of -89- Exhibit A Page 1 of 5 Grant Agreement 582-11-11223 Amendment 2 GRANT AGREEMENT NUMBER 582-11-11223 AMENDMENT OF THE GRANT AGREEMENT BETWEEN THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI AMENDMENT NUMBER 2 The Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (Performing Party) agree to amend the Grant Agreement 582-11-11223 in accordance with general authority to enter the underlying grant agreement, Article 12.5, and Article 21, as follows: 1. Article 1 WORK Add the following at the end of Article 1.1: "Appropriation: Air Quality Planning. Included in amounts appropriated out of the Clean Air Account No. 151 in Strategy A.1.1, Air Quality Assessment and Planning, is $3,537,500 for the biennium beginning on September 1, 2011 for air quality planning activities to reduce ozone in areas as approved by the Texas Commission on Environmental Quality (TCEQ). These areas may include Waco, El Paso, Beaumont, Austin, Corpus Christi, Longview -Tyler -Marshall, San Antonio, and Victoria. These activities may be carried out through interlocal agreements or contracts and may include: identifying, inventorying, and monitoring of pollution levels; modeling pollution levels; and the identification, quantification, and implementation of appropriate locally enforceable pollution reduction controls. The TCEQ shall allocate these funds in such a way as to channel the funds to those projects most useful for the State Implementation Plan (SIP). The areas receiving funds shall submit work plans for TCEQ approval describing the work they will complete with those funds." 2. Maximum TCEQ Obligation (Maximum Amount Available for Reimbursement) The maximum TCEQ obligation (maximum amount available for reimbursement) under this grant is revised to: $612,922.25. 3. Article 1.3 WORK PLAN The first sentence of Article 1.3 is revised to read: "The Performing Party has prepared a Work Plan document (Attachment B) that describes each task of each project in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the Performing Party agrees to complete by August 31, 2012 and all individual tasks shall be completed on or before August 1, 2012." 4. Article 1.4 Page 2 of 5 —90— Exhibit A Page 2 of 5 Grant Agreement 582-11-11223 Amendment 2 Article 1.4 is amended to read: "Unless prior written approval of the TCEQ is obtained, all routine monitoring data that will be sent to the TCEQ's Leading Environmental Analysis Display System (LEADS) system or Texas Air Monitoring Information System (TAMIS) must be collected using the TCEQ standard procedures, where they exist, as the minimum specification for the Work. Existing standards or procedures are available from the TCEQ Field Operations Support Division. If you require any assistance in locating this information, please contact your project representative." 5. ARTICLE 2. REIMBURSEMENT, CONTRACT/GRANT AGREEMENT AMOUNT Article 2.3 is amended to read: "The maximum amount of reimbursement to be providedby TCEQ forthe completion of the Work shall not exceed $612,922.25 during the 2011 and 2012 fiscal years unless the parties amend this amount in accordance with the Grant Agreement Documents. The TCEQ shall not reimburse the Performing Party for any expenses not a part of the approved work plan (Attachment B)." 6. Article 3 TERM OF GRANT AGREEMENT Article 3.1 is amended to read: "This agreement shall commence on the last date of signature by the parties and shall terminate on August 31, 2012. However, certain reporting requirements as identified in this Grant Agreement shall survive the termination of this Grant Agreement. This Agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate or to provide sufficient funds necessary to perform this Agreement. This Agreement may be extended beyond August 31, 2012, as necessary, in order to allow completion of the Work." 7. Article 12 REIMBURSEMENT OF COSTS AND THE PAYMENT PROCESS Add the following at the end of Article 12: "Release of Claims 12.34 As a condition to final payment or settlement, Performing Party shall complete and deliver to TCEQ a release of all claims against the TCEQ with the final invoice under this Grant Agreement. Performing Party shall use the form provided under Attachment D for the Release of Claims." Page 3 of 5 —91— Exhibit A Page 3 of 5 Grant Agreement 582-11-11223 Amendment 2 ATTACHMENT D Page 4 of 5 -92- Exhibit A Page 4 of 5 Grant Agreement 582-11-11223 Amendment 2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims The City of Corpus Christi hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 582-11-11223. The amount remaining to be released is Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this contract have been paid in full and satisfied. All services and tasks required to be completed under the referenced contract have been completed. Prompt payment, therefore, of the attached invoice, including any and all funds which may have been "retained" by TCEQ in accordance with said contract, is requested. Executed on this day of , 20 . By: (signature) (name, typed or printed) (title) Contract 582-11-11223 Beginning Balance $612,922.25 Expenses Reimbursed by TCEQ Remaining Balance Being Released TCEQ-20399 (07-26-07) Page 5 of 5 —93— Page 1 of i Exhibit A Page 5 of 5 Resolution Authorizing the City Manager, or designee, to accept an additional grant from the Texas Commission On Environmental Quality in the amount of $96,592.99 for air quality planning and authorizing the city manager to execute related amendments to interlocal cooperation agreements with North Texas University and Texas A & M University — Corpus Christi Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to accept an additional grant from the Texas Commission on Environmental Quality that provides an additional $96,592.99 for air quality planning. SECTION 2. The City Manager is authorized to execute an amendment to the interlocal cooperation agreement with North Texas University for the "Corpus Christi Ozone Near Non -Attainment Area Assessment and Planning Study", as required by the City's Rider 8 Air Quality Planning Grant from the Texas Commission on Environmental Quality, to provide for expanded services based upon the final revised work plan provided by the Texas Commission on Environmental Quality. SECTION 3. The City Manager is authorized to execute an amendment to the interlocal cooperation agreement with Texas A & M University — Corpus Christi for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the Partnership, implementing the Auto Check vehicles reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality Planning Grant from the Texas Commission on Environmental Quality, expanded services. SECTION 4. The City Manager, or designee, may reject, alter the terms of, or terminate the grant with the Texas Commission on Environmental Quality based upon the final revised work plan provided by the Texas Commission on Environmental Quality. SECTION 5. The City Manager is authorized to make editorial and non -substantive modifications and execute amendments to the interlocal cooperation agreements North Texas University and Texas A & M University — Corpus Christi without the further approval of the City Council that do not requite the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. TCEQ air planning grantacceptres .. 08122011.docx —94— Attest: Armando Chapa City Secretary Approved: 17th day of August, 2011. R. J mm� First Assistant City Attorney For City Attorney TCEQ air planning grantacceptres — 08122011.docx City of Corpus Christi Joe Adame Mayor —95- 2 Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott TCEQ air planning grantacceptres — 08122011.docx —96— 3 Page 1 of 2 Ordinance Appropriating $96,592.99 from Texas Commission On Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $96,592.99 from Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund is appropriated for air quality planning. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2011. Attest: City of Corpus Christi Armando Chapa City Secretary Approved: August 17, 2011 R. ini g First Assistant ity Attorney For City Attorney TCEQ air planning grant appropord-- 08122011.docx Joe Adame Mayor —97— Page 2 of 2 Corpus Christi, Texas day of , 2011 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 David Loeb John E. Marez Nelda Martinez Mark Scott TCEQ air planning grant appropord-- 08122011.docx —98— 10 6ti City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandocacctexas. com 826-3105 Amendment of City Council Policies PURPOSE: Resolution amending Council Policy 14 "Boards, Commissions, and Committee Procedures" to provide for time of consideration of appointment. BACKGROUND AND FINDINGS: The current city council policy regarding time for consideration of Boards, Commission, and Committee appointments states that all appointments will be presented to the City Council by the City Secretary no earlier than thirty (30) days before a term expires unless required by law. During the City Council Retreat, direction was given to the City Secretary to present an amendment to the current policy that would extend the period of time for consideration to ninety (90) days. X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount 0 0 This item 0 0 0 BALANCE 0 0p 0 0 FUND(S): General Fund Comments: This item has no financial impact on the budget. RECOMMENDATION: Approval of the Resolution as presented. —101— EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: Resolution Cc: Carlos Valdez, City Attomey —102— A RESOLUTION AMENDING COUNCIL POLICY 14 "BOARDS, COMMISSIONS, AND COMMITTEE PROCEDURES" TO PROVIDE FOR TIME OF CONSIDERATION OF APPOINTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Council Policy 14 "Boards, Commissions, and Committee procedures," adopted by Resolution No. 021901 on March 22, 1994, is amended to read as follows: "14. Boards, commissions, and committee procedures. "All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nominations by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. The following rules and procedures will govern standing City Boards, Commissions, and Committees: q. All board, commission, and committee appointments will be presented to the City Council by the City Secretary no earlier than thirty (30) ninety (90) days before a term expires unless required by law. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: Joe Adame Mayor Carlos Valdez City Attorney -103- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. -Kevin Kies hnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott -104- 11 Cor us Christi vier AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: TO: FROM: July 7, 2011 Ronald L. Olson, City Manager Foster Crowell, Director of Wastewater Operations fostera@cctexas.com 361/857-1801 Padre Island Yacht Club Lease Extension and Renewal PURPOSE: Ordinance authorizing City Manager, or designee, to execute a 14 year lease agreement (with an option to renewal for an additional 10 years at City Council's discretion) with the Padre Island Yacht Club that supersedes the current 10 year lease that expires on July 11, 2015. BACKGROUND AND FINDINGS: The City of Corpus Christi currently leases 2.55 acres of property adjacent to the Whitecap Wastewater Treatment Plant to the Padre Island Yacht Club. The Club has requested an extension and renewal of their current lease, which expires on July 11, 2015. This replacement lease will assist the Club in its effort to refinance its loans and make needed improvements to its facilities. The new lease will expire on July 11, 2025. ALTERNATIVES: Do not extend lease. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense XX Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended Amt. This item $2,000 $26,000 $28,000 Balance: 52,000 $26,000 $28,000 —107— Page 2 of 2 Comments: Club will pay City 10% of gross income or $2,000 annually, whichever is greater from reoccurring monthly assessments and slip rentals. RECOMMENDATION: Staff recommends the approval of the agenda item. CONFORMITY TO CITY POLICY: City Council approval is required for all leases. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks & Recreation, and Wastewater Departments. LIST OF SUPPORTING DOCUMENTS: Request for extension and renewal of current lease from Padre Island Yacht Club Lease Agreement Certificate of Liability Insurance Cc: Michael Morris, Director, Parks & Recreation R. Jay Reining, First Assistant City Attorney Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -108- ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A 14 YEAR LEASE AGREEMENT (WITH AN OPTION TO RENEWAL FOR AN ADDITIONAL 10 YEARS AT CITY COUNCIL'S DISCRETION) WITH THE PADRE ISLAND YACHT CLUB THAT SUPERSEDES THE CURRENT 10 YEAR LEASE THAT EXPIRES ON JULY 11, 2015; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a 14 year Lease Agreement (with an option to renew for an additional 10 years at the discretion of City Council) with Padre Island Yacht Club that supersedes the current 10 year lease that expires on July 11, 2015. The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61St day after City Council adoption of this ordinance on second and final reading and will have a term of 14 years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. PI Yacht Club Pier Lease Ord 07012011.docx —109— That the foregoing ordin_arpe was read for the first time and passed to its second reading on this the j7L5-day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr, Kevin Kieschnick Priscilla Leal , 2011, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: J day of .J,.,7y , 2011: R. J ening First As&iistant City Attorney For City Attorney PI Yacht Club Pier Lease Ord 07012011.docx —110— r L short/ns EXHIBIT A CITY LIMIT LINE ti.%.r _.r.A_ ,-,1„1 1- INSURANCE REQUIREMENTS PADRE ISLAND YACHT CLUB'S LIABILITY INSURANCE A. Padre Island Yacht Club must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Padre Island Yacht Club must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Padre Island Yacht Club must furnish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE written_notice of cancellation is required on Bodily Injury Property -30-day all certificates of insurance with applicable policy endorsements and -Damage - Per occurrence / aggregate limit Ocean Marine Coverage 1. Marina Owners/Operators Liability coverage 2. Premises Liability — Broad Form General Liability 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury & Advertising Injury 6. Fire Legal Liability $1,000,000 per occurrence form $250,000 Damage to Premises rented to you $5,000 Medical Payments Commercial Property Padre Island Yacht Club is responsible for their own insurable interests in their property Liquor Liability — when liquor being served or consumed $1,000,000 Inland Marine / Builders Risk If applicable In amount of value of the improvements Business Auto Liability to include Hired and Non- owned Auto Liability $1,000,000 Workers Compensation and/ or USL&H Employers Liability Applicable for paid employees Which complies with the Texas Workers Compensation Act and Section II of this exhibit $500,000 / $500,000/ $500,000 C. In the event of accidents of any kind, Padre Island Yacht Club must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. EXHIBIT II. ADDITIONAL REQUIREMENTS A. If applicable, as stated in Section I -B, Table, Padre Island Yacht Club must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Padre Island Yacht Club will be promptly met. B. Padre Island Yacht Club's financial integrity is of interest to the City; therefore, subject to Padre Island Yacht Club's right to maintain reasonable deductibles in such amounts as are approved by the City, Padre Island Yacht Club shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Padre Island Yacht Club's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Padre Island Yacht Club shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Padre Island Yacht Club shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Padre Island Yacht Club agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the Ocean Marine Coverage and Business Auto Liability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and —113— • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Padre Island Yacht Club shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Padre Island Yacht Club's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Padre Island Yacht Club's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Padre Island Yacht Club to stop work hereunder, and/or withhold any payment(s) which become due to Padre Island Yacht Club hereunder until Padre Island Yacht Club demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Padre Island Yacht Club may be held responsible for payments of damages to persons or property resulting from Padre Island Yacht Club's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Padre Island Yacht Club's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and types of coverages are subject to adjustment if upon review of agreement, it is determined that the activity under this agreement requires increased levels and types of coverages. 2011 Padre Island Yacht Club ins. req. 5-9-11 ep Risk Mgmt —114— PADRE ISLAND YACHT CLUB 2011 HURRICANE/EMERGENCY ACTION PLAN This Hurricane/Emergency Action Plan (hereafter Plan) for the Padre Island Yacht Club (hereafter PIYC) property and facilities has been developed with the coordination and approval of the Emergency Management Office, Marina and Police Departments of the City of Corpus Christi. It is current for the 2011 hurricane season and thereafter until replaced. rescinded or amended. This Plan will be reviewed by the Marina Superintendent and PIYC's General Manager on an annual basis prior to June 1st and any updates, corrections and/or revisions will be forwarded to the Emergency Management Office by that date. PIYC CONTACT LIST — 949-2248 Chuck Hoffman, Commodore,13913 Skysail. 78418; Res.: -949=3 -1 -1 -2 -or 949-7551: Cell: (361) 318-5063 Adra Campbell, Vice Commodore, 13606 Moro Lane, 78418; Res.: 949-4602; Cell: (361) 537-2355 Augie Wagner, Dockmaster; 15410 Fortuna Bay Drive #303, 78418; Res.: 949-3253; Cell: (949) 374-1999 CORPUS CHRISTI MARINA KEY PERSONNEL - Ofc.: 826-3980 Peter M. Davidson, Marina Superintendent Rene Garza, Marina Maintenance Technician GOVERNMENT OFFICES Police Department Fire Department Emergency Operating Center Emergency Management Office GENERAL PROVISIONS 886-2600 826-3900 826-1100 826-1100 National Weather Service Recorded Forecast 289-1861 Office 289-0959 Parks & Recreation Office .. 826-3461 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator or Marina Superintendent. 2. It shall be the sole responsibility of PIYC's Owners/Operators to secure or remove from the premises all equipment, furniture, materials, supplies and portable units stored outside or on the property and to secure the facility. 3. It shall be the sole responsibility of PIYC to insure no pollutants enter the waters of the adjacent waters from any operation owned/operated by PIYC i.e., grease traps, garbage, materials. etc. PIYC -1- 05/18/11 —115— EXHIBIT C 4. All owners/operators, managers. employees will be required to evacuate the PIYC when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. PIYC will secure the area and insure all persons are off the PIYC premises. INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster -possibility -than -is -normally -presenter This conditionwillautomatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year); or other general conditions; such as fire threat. due to severe drought. CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans and utilize the media and other sources to recommend various protective actions to the public. PIYC'S ACTION: PIYC's Executive Board will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than June 1st. PIYC's Executive Board will prepare a contingency plan for (1) having grease traps vacuumed; (2) securing/removing objects from outside the building: and (3) otherwise securing the premises. CONDITION NUMBER 3 (YELLOW) - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to life or property. This condition might be generated by such events as a hurricane watch, tomado watch, severe thunderstorm watch. or presence of hazardous material in transit through the city by rail, truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thirty-six hours and/or within one hundred miles of the City of Corpus Christi. CITY ACTION: The Marina Superintendent or his designee will: advise PIYC of any changes in Condition as advisories or declarations are received. - complete hurricane preparations as required for Condition 3. PIYC -2- 05/18/11 —1 1 6— PIYC'S ACTION: cease all normal operations of the PIYC and begin securing the facility. make arrangements for the removal of any and all equipment, including dumpsters. make arrangements to have all grease traps vacuumed. make arrangements for removal of all refrigerated foods from the premises. CONDITION NUMBER 2 (ORANGE) - Situations Exist That Have Definite Characteristic of Developing Into A Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a hazardous situation which has a significant potential and probability of causing loss of life and/or damage to property. CONDITION 2 will usually require some degree of warning the public of a potential disaster. This condition might be generated by such events as a hurricane warning, tomado warning, severe thunderstorm -warning: or -any other- notification of the existence of adirect -threat -such -as a -toxic material spill, major fire, growing civil disturbance, etc. One such situation when this condition will be declared is when the National Weather Service indicates the possibility of a hurricane landfall within twenty-four hours or close enough to cause damaging winds or rising tides in the City of Corpus Christi. CITY ACTION: complete any remaining hurricane preparations and begin evacuating all persons from the Marina Complex. PIYC'S ACTION: complete any remaining hurricane preparations evacuate all persons from the premises. secure the PIYC gate. CONDITION NUMBER 1(RED) - Hazardous Conditions Are Imminent - This condition will be used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike. landfall predicted in 12 hours or less, tornado strike, large explosion, widespread civil disturbance. damaging tides, or other similar events will constitute a "Condition One" declaration. CITY ACTION: ensure that all hurricane preparations throughout the Marina Complex have been completed and all persons have evacuated the Marina Complex. PIYC -3- 05/18/11 —117— 4 FIVE'S ACTION: NYC will have completed all preparations and will have evacuated all persons from the premises prior to this Condition. HURRICANE PASSED; Marina staff will report to duty, as directed by the City's Bad Weather Policy, for damage assessment and appraisal, facility clean up and repair, launching operations, security, etc, Access to the Marina Complex will be restricted to personspresenting eVidence of tenancy issued by the Corpus Christi Municipal Marina (Le. a copy of the lute document or a Marina Emergency Pass). APPROVED on the dates written. Padre Island Yacht Club By: C R Date: City of Corpus Christi, Marina Department By: Date: C City of Corpus Christi, Police Department By: Date: City of Corpus Christi, Emergency Management Office By: Date: prrc —118- 05/18/11 2011 PIER LEASE, AMENDING, EXTENDING, RENEWING, AND SUPERSEDING, 1995 AND 2005 PIER LEASES BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND YACHT CLUB STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, a Texas home -rule municipal corporation, ("City") owns certain submerged and upland real estate adjacent to the Padre Island Wastewater Treatment Plant ("Whitecap Plant"); WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club") desires to lease certain property from City and to construct certain piers; WHEREAS, Club recognizes that the Whitecap Wastewater Treatment Plant treats wastewater and that there are certain unavoidable odors associated with treating wastewater; and WHEREAS, City has no responsibility to Club for air freshness. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this lease, City, acting by its duly authorized City Manager, or designee, ("City Manager") and Club agree as follows: 1. Premises. City leases to Club a 40 foot wide by 795 foot long portion of submerged land adjacent to the Whitecap Plant, as described by metes and bounds on the attached and incorporated Exhibit A. Further, City leases to Club an adjacent strip of upland 100 feet wide by 795 long, as shown on Exhibit A, for a total leased area of 2.55 acres, collectively called "premises." 2. Term: a. The original term of the 1995 lease was ten (10) years. The term of the 2005 lease was also for ten (10) years, commencing on July 11, 2005. The term of this lease shall be to extend the lease term to July 11, 2025 ( "lease termination date"). b. The Club has the option, with the approval of the City Council to renew this lease for an additional ten (10) year term after the July 11, 2025 lease termination date ("renewal option"). c. At least two (2) years prior to the lease termination date of July 11, 2025, the Club shall give the City Manager written notice of whether the Club intends to exercise the renewal option. Within sixty (60) days after the written notification, the City Council will Page 1 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —119— EXHIBIT A EXHIBITA advise the Club whether they approve the renewal. The approval may not be unreasonably withheld. 3. Rental Payments. a. Club agrees to pay ten percent (10%) of all gross income or $2000 annually, whichever is greater, from reoccurring monthly assessments and slip rentals, in advance on or before the tenth (10th) of each month. b. Club shall keep records of the monthly dues and slip rent received. Club records of monthly dues and rent received must be open to City Manager's designated representative during Club's business hours. These records must be retained for five (5) years after expiration or other termination of this lease. 4. Improvements. a. Improvements have been constructed by the Club upon the leased premises, including but not limited to, a clubhouse and boat slips, the improvements having been appropriately approved. b. All the facilities, including but not limited to piers, support structures, slips, buildings, clubhouse, parking, fencing, lighting, landscaping, and any other improvements, are collectively called the "Improvements." c. No future Improvement may be installed unless the improvement and related plans and specifications have been approved in advance by City Engineer. Each improvement must be inspected during and after construction or installation. d. Club shall obtain all necessary permits and comply with all federal, state, and local laws and regulations with respect to construction of and repairs to the pier and improvements. Any application to the Corps of Engineers ("Corps"), whether made in the name of City or Club, must shall be submitted to City Engineer for its approval before submission to the Corps, which approval will not be unreasonably withheld, and all related expenses must be paid for by Club. e. The design of all future improvements must conform to City's Building Code, any and all limitations in this lease, and must have prior written approval by the Padre Isles Property Owners Association Architectural Review Committee. Before start of construction on future improvements Club shall submit plans and specifications to the City Engineer ("City Engineer") for the City Engineer's written approval or provide written exceptions to the plans and specification, which exceptions must be considered and the plans and specifications resubmitted until written approval is obtained from City Engineer. f. Once Club has obtained City Engineer's written approval of the plans and specifications for any future improvements, Club may either construct the Improvements with the labor and materials being supplied by Club members, or volunteers, or must bid out construction and materials. If any construction work is to be performed by or Page 2 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —120— materials to be supplied by other than Club members or volunteers, Club must receive bids from a minimum of three bidders before start of construction. Not all bidders may be members of Club. City Engineer must approve th@ successful bidder before start of construction. All successful bidders must provide proof of insurance that meets City's requirements for similarly priced construction projects. City must be named as Additional Insured. g. A boat pump out facility has been constructed upon the premises, the boat pump out facility is deemed to be an improvements, and all necessary approvals and permits for the boat pump out facility having been received. The Club shall exercise reasonable normal care and maintenance of the boat pump out facility. Provided that the has reasonable access at all times to the boat pump out facility. h. Improvements, such as the lighting, that cause complaints from adjacent or nearby property owners must be altered or removed reasonably to remedy the complaint and provide the improvement that Club desired, at Club's expense. 5. Maintenance. a. Club shall perform all maintenance of the premises including replacement of pilings, piers, pier superstructures, catwalks, catwalk superstructures, litter pickup and removal, mowing, weeding, fence and lighting repair, parking lot repair, repair of the boat pump out facility, and all other maintenance and Improvement maintenance that City Manager may require, to City Manager's satisfaction, at a level no less than the standard of maintenance by City. All other Improvements must be maintained at the same level of maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds. b. Club shall repair all damages to the premises and improvements caused by its members or guests. 6. Renovation. a. Club shall perform normal renovations of the improvements, including replacement of pilings, piers, pier superstructures, catwalks, and catwalk superstructures, to City Manager's reasonable satisfaction, at a level no less than the standard of original construction, reasonable wear and tear excepted. b. Before undertaking any renovation, Club shall submit plans and specifications to City Engineer, who must provide written approval of the plans and specifications or provide written exceptions to the plans and specifications. The exceptions must be considered and the plans and specifications must be resubmitted until written approval is obtained from City Engineer. The City Engineer's approval may not to be unreasonably withheld. 7. Utilities. Club is responsible for extension of all utility services, including meters, hook up, and payment of all service charges and monthly charges for utilities. 8. Control and Use. Club shall control the use and charges for the premises. However, as part of the consideration for this lease, Club shall provide, free of charge, one slip for Page 3 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —121— berth of a search and rescue vessel. The search and rescue vessel need not be provided by Club, but by some governmental agency. All other slips must be used for berthing of individual pleasure craft belonging to or in the custody of Club members or guests. No live-aboards will be permitted on the Premises. 9. Reverter. Upon expiration of this lease, all rights and possession of the premises, and any improvements to the premises revert to City. 10. Right to Enter. During this lease, City personnel have the right to enter the premises at all reasonable times for the purposes of inspection, fire, police, and other safety actions, and the enforcement of this lease, or if access is needed for operations at the Whitecap Plant. If City needs access across the premises, Club shall permit the access up to and including removal or relocation of club Improvements. 11. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee -("Indemnitor" )-covenants-to-fully-indemnify;-save— and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Page 4 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —122— Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. 12. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit B, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Lease. b. The Certificate of Insurance with applicable policy endorsements must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance and applicable endorsements must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. In the event alcoholic beverages are to be served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 18(a) of this lease. Page 5 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —123— 13. Nonassignability. Club may not assign, mortgage, pledge, or transfer this lease, or any interest in this lease, without the prior written consent of the City Council, except as set out in this lease. 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease[, and including during any Holdover Period that may occur]. 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, personal property tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, by reason of any work or labor performed any mechanic, materials furnished by any materialman, or for any other reason. 16. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 17. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 18. Termination. Except as otherwise provided in this lease, City may terminate this lease on ninety (90) days notice whenever Club fails materially to comply with the provisions and covenants in this lease, and thereafter fails or refuses materially to comply within a reasonable time, stated in writing, after receiving written detailed notice of the violation, recommended cure, and reasonable period to cure. 19. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the premises, collect the lease payment(s) due under this lease, collect for any damages to the premises, or to in any other way enforce the provisions of this lease, Club agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. 20. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste material, litter, or trash from the premises is allowed to spill or collect in the water in the vicinity of the premises, on the premises, or on the Whitecap Boulevard peninsula adjacent to the club. It shall be Club's duty regularly to inspect for and remove accumulated waste material from the premises, the Whitecap Boulevard peninsula adjacent to the club, and the water areas adjacent to the Club's facilities, and properly dispose of the waste material in conformance with regulatory requirements. 21. Compliance with Laws. Club shall comply with all federal, state, and local laws, ordinances, rules, and/or regulations, as amended, including, without limitation, City's Fire Code, City's Technical Construction Codes, FEMA Regulations, Americans with Disabilities Act, Texas Commission on Environmental Quality rules and regulations, and the Coast Guard rules and regulations. Page 6 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011 docx —124— 22. Taxes, Fees. Club shall pay all taxes that its use of the premises cause to be assessed against the premises or Improvements. Club shall pay all sales taxes and related taxes and fees incident to operation of the club on the premises or improvements. 23. Sanitary Sewer. a. Club's operation of sanitary sewer facilities, both at the clubhouse and the boat pump out facility, if any, must be in accordance with City's Code of Ordinances, Chapters 13 and 14, including, but not limited to, Building and Housing Standards Code, Technical Construction Codes, and Flood Hazard Prevention Code, and Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, and "Greasetrap Ordinance," as same may be amended. b. It is intended that Club's presence at the premises may not in any manner affect City's required wastewater sampling at the adjacent Whitecap Wastewater. Treatment Plant. Club may not dump, nor allow anyone visiting the Premises to dump any effluent or wastewater of any type into the water. All effluent or wastewater must be properly disposed of through Club's wastewater hookup or boat pump out facility. 24. Fencing. Club, at its expense, shall fence the premises from the street right-of-way and the treatment plant property so that no one can access the premises from the street or right-of-way property. The gate to the premises must be kept locked at all times club is not open. 25. Hours of Operation. Club may operate the premises from 6:00 a.m. to 12 midnight, 365 days a year. If nearby property owners complain about noise or nuisance and the complaints go unresolved, Wastewater Director has the authority to shorten the hours of operation. 26. Landscaping/screening. Landscaping for buffer must be required on the premises. A plan may be presented to Wastewater Director for approval, or Wastewater Director may present a landscaping plan to Club and approve a timetable for implementation. 27. Erosion. If, in the opinion of City Engineer or Wastewater Director, excessive erosion occurs along the shoreline of the premises as the result of Club's usage of the premises, Club shall repair and correct the erosion and do any other repairs needed to prevent the erosion from recurring. 28. Notices and Addresses. a. All notices, demands, requests or replies provided for or permitted by this lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: Page 7 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —125— If to City: City of Corpus Christi Attention: Director of Wastewater Operations P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Club: Padre Island Yacht Club Attention: Commodore 14300 S.P.I.D. Corpus Christi, Texas 78418 b. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective one (1) business day after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service shall be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. 29. Modifications. No changes or modifications to this lease may be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 30. Hurricane Preparedness. In the event the area is threatened by a hurricane or some other emergency situation, Club shall comply with all reasonable orders of the Marina Superintendent or authorized representative under the Hurricane Preparedness Plan for the improvements, a copy of which is attached and incorporated as Exhibit C. A current copy of the Hurricane Preparedness Plan must be kept on file with the City Secretary's copy of this lease. Any time this plan is revised, the newest revision becomes the attached and incorporated Exhibit C. 31. Non-discrimination. Club, and all its members and guests, are responsible for the fair and just treatment of their respective employees, members, prospective members, and guests. Club warrants that it is, and will continue to be, an equal opportunity employer and covenants that no employee, member, prospective member, or guest will be discriminated against because of race, creed, color, disability or national origin. This non discrimination clause must be posted on the Premises and must set out the Wastewater Director's address and phone number. Violation of this provision by Club or any member or guest is cause for immediate termination of this lease by City. 32. Interpretation. This lease must be interpreted under the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. 33. Headings for Convenience. The headings contained in this lease are for convenience and reference only, and are not intended to define or limit the scope of any provision. Page 8 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —126— 34. Entirety Clause. This lease and the exhibits incorporated and attached to this lease constitute the entire agreement between City and Club for the use granted. All other agreements, promises, and representations with respect to the use of the premises, unless contained in this lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached to this lease. The unenforceability, invalidity, or illegality of any provision of this lease may not render the other provisions unenforceable, invalid, or illegal. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: , 2011 R. Jay Reining First Assistant City Attorney For City Attorney Ronald L. Olson City Manager Page 9 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011 .docx —127— PADRE ISLAND YACHT CLUB By: John A. White, Sr. Director ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2011, by Ronald L. Olson, City Manager of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of 2011, by John A. White, Sr., Director, of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas Page 10of10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx —128— 12 City of •n Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 26, 2011 DATE: July 20, 2011 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager margier@cctexas.com (361) 826-3232 frtz_, Adoption of Ordinance for creation of City Auditor PURPOSE: Ordinance providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. BACKGROUND AND FINDINGS: On November 10, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. ALTERNATIVES: None — City Charter requirement. FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue ❑ CIP FISCAL YEAR: 2010-2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount 0 0 This item 0 259,914 259,914 BALANCE 0 0 259,914 259,914 FUND(S): General Fund Comments: The FY 2011-2012 budget includes funding for the salaries of the City Auditor and two support positions. -131- RECOMMENDATION: Staff recommends approval of the ordinance. CONFORMITY TO CITY POLICY: This ordinance adheres to City Charter requirements. EMERGENCY / NON -EMERGENCY: Non -emergency - this ordinance requires two readings. DEPARTMENTAL/ OTHER CLEARANCES: City Council Administration Committee Human Resources Legal LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint presentation Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget —132— 1 ORDINANCE PROVIDING FOR THE HIRING AND QUALIFICATIONS OF A CITY AUDITOR; PRESERVING THE AUDITOR'S INDEPENDENCE; PROVIDING ACCESS TO CITY RECORDS; DETERMINING DISTRIBUTION OF AUDIT REPORTS; ESTABLISHING THE POWERS AND DUTIES THEREOF; AND PROVIDING FOR A PEER REVIEW. WHEREAS, on November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council; WHEREAS, Article II, Section 29(a) of the City Charter provides for the City Council to appoint a City Auditor; WHEREAS, Article II, Section 29(b) of the City Charter provides that the City Auditor shall report-to--the-City-Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States; WHEREAS, modern internal auditing objectively evaluates and reports not only whether government funds are handled properly and in compliance with laws and regulations, but also whether government organizations, programs, and services are achieving the purposes for which they were authorized and funded and whether they are doing so economically, efficiently, and effectively; and WHEREAS, close cooperation between the City Council, City Management and the City Auditor is essential to facilitate the City's commitment to provide cost effective, high quality service to the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended by adding a new Chapter 5 as follows: "Chapter 5. CITY AUDITOR Section 5-1. Establishment of the office of City Auditor. (a) There is hereby established the Office of the City Auditor, which shall be directed by the City Auditor who shall be appointed by affirmative vote of a majority of the entire membership of the City Council. (b) The City Auditor must: (1) be a person knowledgeable in performance and financial auditing, public H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx —133— administration, and public financial and fiscal practices. (2) be licensed as a Certified Public Accountant or Certified Internal Auditor, and (3) exercise due professional care in carrying out his or her responsibilities and provide reasonable assurance that due professional care will be employed in conducting audits. The City Auditor will establish audit policies and procedures consistent with Government Auditing Standards, established by the Comptroller General of the United States, as well as applicable laws and regulations. Section 5-2. Independence, objectivity, and audit standards. (a) The organization and administration of the auditor's office shall be sufficiently independent -to-assure--that- no-interference--or--influence--shall--adversely affect -an independent and objective judgment of the auditor. (b) The Office shall be provided a discrete budget sufficient to carry out the responsibilities and functions established in this ordinance. (c) The City Auditor shall establish an organizational structure appropriate to carrying out the responsibilities and functions of this ordinance. (d) No person shall be appointed to the position of City Auditor who has been Mayor, Council Member, or City Manager of the City during a period of five years prior to the date of the City Auditor's appointment. In no case shall the City Auditor be related by affinity or consanguinity within the second degree, to the Mayor, any Council Member or the City Manager. (e) The City Auditor shall not be actively involved in partisan political activities of the City of Corpus Christi. (f) Neither the City Auditor nor any member of the Office staff shall conduct or supervise an audit of an activity for which they were responsible or within which they were employed during the preceding two years. (g) The City Auditor shall adhere to Government Auditing Standards, insofar as possible when conducting the City Auditor's work and will be independent as defined by those standards. (h) The responsibility for selection of audit areas shall initiate with the City Auditor, with due consideration of the interests and concerns of the City Council and City Manager. To accomplish this: (1) no less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx -134- Council through the Council Administrative Committee for review and comment. The plan shall include identification of the scope of each audit to be conducted in terms of the organizations, services, programs, functions, and activities to be audited and in terms of the potential audit elements to be addressed. The Council Administrative Committee shall forward the plan to the City Council for City Council review and final approval; (2) the annual audit plan may be amended during the year, following notification of the Council Administrative Committee and due provision for comment. Such amendments may be initiated by the City Auditor, or requested by the Council Administrative Committee, or the City Manager, or City Manager's designee; any amendments to the annual plan must be reviewed by and approved by City Council., (3) Results of special audits shall be distributed in the same manner as all cher audit reports, as provided in Section 5-5, Preparation and Release of Reports, of this ordinance (4) if the City Auditor determines that there is serious concern regarding fraud, abuse, or illegality, or that the scope of an audit in progress should be expanded as the result of any findings, the City Auditor is authorized to initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program. The City Auditor shall notify the Council Administrative Committee of the change. (5) Notwithstanding the calendar identified above in subsection (h)(1), the initial audit plan for remainder of the fiscal year ending July 31, 2012 shall be prepared by the City Auditor and submitted to Administrative Committee, for review and comments by Administrative Committee, within thirty (30) days of appointment of City Auditor. The initial audit plan shall then be submitted to City Council for its review and final approval. (i) Within the budget approval process and personnel policies established by the City Council for all departments, the City Auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he/she may deem necessary for the efficient and effective administration of the affairs of the office of the City Auditor. All employees of the City Auditor's Office shall be in the exempt from classified Pers—net service - designated by the City Auditor. (j) Neither the City Manager, nor Assistant City Managers, nor the Council nor any of its members shall in any manner dictate the appointment or removal of any such officer or employee whom the City Auditor is empowered to appoint, subject to any duly authorized grievance procedure. J:\LISA\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx July 26, 2011 —135— 4 (k) As provided in the City Charter, Article II, Section 29(a); the City Auditor may be removed only by a majority of the City Council. Section 5-3. Council review. (a) The appointment of Council Administrative Committee members will be decided annually in August. However, if a committee has not been appointed, then the duties of the Council Administrative Committee as described in this ordinance shall be undertaken by the entire City Council. (b) The duties of the committee with respect to the City Auditor are described below: a. To review and provide comments regarding the City Auditor's annual work program, to be formally reviewed and approved by City Council each year; b. To monitor the City's internal- controls -through the results of— external audits, and internal audits and other activities of the City Auditor; and c. To monitor audit results and follow-up activities of the City Auditor, The City Auditor shall have direct communication with the Council Administrative Committee, and attend all Council Administrative Committee meetings. Section 5-4. Access to records and property. All officers and employees of the City shall provide free and open access to and furnish the City Auditor or employees in the Office of the City Auditor with requested information, records, books, accounts, internal memoranda, writings and tapes, reports correspondence files, computer data, reports, money, and other information and property in their custody. In addition, they shall provide access for the City Auditor to inspect all property, equipment, and facilities within their custody and observe anv operations for which they are responsible. Section 5-5. Preparation and release of reports. (a) Each audit shall result in a report which shall: (1) Be transmitted in draft to the City Manager, who will provide a written response to the City Auditor regarding the audit findings and recommendations within an agreed time frame. The response will indicate agreement or disagreement and reasons for any disagreements, and what actions, if any will be taken. The City Auditor will include the responses in the final report, unless they are not received within the established time frame; (2) Be submitted in final form to the City Council and the City Manager, and shall be retained in the City Auditor's office as a permanent record; (3) Adhere to reporting standards for financial and performance audits as described in Governmental Audit Standards; H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx —136— 5 (b) When appropriate, the City Auditor may issue other reports as needed which provide information when an audit is not required. These reports present work that is generally advisory in nature. Section 5-6. Powers and duties. (a) The City Auditor shall systematically and continuously examine the works of all City operations to identify opportunities to reduce costs, increase efficiency, quality, and effectiveness, or otherwise improve management of City programs and services. (b) Scope of work.. The City Auditor is empowered to conduct performance and other audit work to determine whether: (1) Activities and programs being implemented have been authorized by the Council or some other legal authority, and are being conducted in a manner contemplated to accomplish the objectives intended by the Council or other authorizing authority; (2) -The effectiveness of organizations, programs, activities, functions or policies, and the extent to which desired results or benefits are being achieved (3) The audited entity is acquiring, protecting, and using its resources (such as personnel, property, and space) economically and efficiently, and the causes of inefficiencies or uneconomical practices; (4) The audited entity is in compliance with Council or other legally imposed mandates regarding efficiency, economy, effectiveness, or expenditure of public funds: (5) Systems of administrative and accounting control have been established by management to effectively, economically, and efficiently carry on the City's operations; (6) Financial and performance reports are being provided that disclose fairly accurately, and fully all information that is required by law or other established or state criteria that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities. (c) Follow-up on audits. The City Auditor shall ensure accountability and implementation of a continuous improvement process by an annual status report of prior audit recommendations. Accordingly: (1) Six months after the transmittal of an audit report to the Council, the City Auditor shall request a status report on actions taken by appropriate officials in response to the audit recommendations; (2) The City Auditor may request additional periodic status reports and H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx —137— 6 conduct follow-up review as needed; (d) Report of Irregularities. If the City Auditor detects apparent violation of law or apparent instances of misfeasance or nonfeasance by an officer or employee or information that indicates derelictions may be reasonably anticipated, the Auditor shall, after consultation with and advice from the City Attorneys immediately report the irregularities to the appropriate authority, including the City Manager. If the irregularity is criminal in nature, the Auditor shall also notify the appropriate chief prosecuting attorney. (e) Contract auditors, consultants, and experts. Through appropriate procurement requirements and within the limits of the adopted budget, the Auditor may obtain the services of certified or registered public accountants, qualified management consultants, or other professional experts necessary to perform the Auditor's duties. (f) The -City -Auditor -shall -meet- with the external auditors -to -discuss pertinent matters, review the financial statements auditors' opinions, and management letters resulting from the annual financial audit. Section 5-7. Peer review. (a) Authority Statement - The City Auditor's Office shall within three years of date of this ordinance be subject to peer review and thereafter not less than once every three years by a professional, non-partisan, objective person or group, comprised of auditors and other professionals with appropriate government auditing expertise and experience. (b) Scope of peer review - The peer review shall determine compliance with Government Auditing Standards and the quality of audit effort and reporting including: (1) General standards such as staff qualifications, due professional care, and quality assurance; (2) Fieldwork standards such as planning, supervision, and audit evidence; (3) Reporting standards such as report content, presentation, and timeliness. (c) Reporting - A copy of the written report of the peer review shall be furnished to each member of the City Council after review and approval by the Council Administrative Committee. (d) Cost - The cost of the peer review including reasonable travel and living expenses, shall be paid from funds budgeted specifically in the City Auditor's budget. H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx -138- Section 5-8. City Auditor Vacancy —Selection process. (a) At such times when a vacancy occurs in the Office of the City Auditor, the first principal assistant shall act in the capacity of City Auditor_pendinq the appointment of a new City Auditor. (b) The Council shall appoint an ad hoc nominating committee to recommend to the City Council candidates for City Auditor. The committee shall consist of five members, including a chair and vice -chair selected by majority vote of members, meeting the following qualifications: (1) Three members shall be members of the City Council nominated by the Council Administrative Committee. (2) One member shall be an at large City of Corpus Christi resident. (3) One member shall be the City Manager or his or her designee. (c) The full committee shall, within 15 days of its appointment, hold its first meeting to consider applicants to serve as City Auditor. Within 90 days of its first meeting, the committee shall recommend to the City Council three candidates selected by a majority of the committee members. The City Council shall, within 15 days after receipt of the recommendation of three candidates, select a City Auditor." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This ordinance is effective upon final approval of City Council. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR\Lisa\2011 Ordinance\AUDITOR ORDINANCE 5 clean.docx —139— That the foregoing ordinanpe was read for the first time and passed to its second reading on this the ,-Vo Tri day of�Q� , 2011, by the following vote: 11 a David Loeb Joe Adame Chris N. Adler Larry Elizondo ,91-yt Nelda Martinez Kevin Kieschnick Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal John E. Marez Mark Scott PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 20, 2011 p By: Lisa Agu for the , Assistant City Attorney y Attorney Joe Adame Mayor —140— 13 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 11, 2011 TO: FROM: PURPOSE: Ronald L. Olson, City Manager Miguel S. Saldana, A.I.C.P. Manager, Land Development Development Services Department MiguelS@cctexas.com (361) 826-3568 A request for a change of zoning from the "RS -TF" Two -Family District ("R-2" Multiple Dwelling District) to the "ON" Office District ("AB" Professional Office District) by Donald and Patricia Zylks. The applicant has requested a change in zoning from the `RS -TF" Two -Family to the "ON" Office District on a piece of property described as Corpus Christi Retirement Residence Addition, Block 1, Lot 1. The "ON" district is consistent with current development trends in this area. BACKGROUND AND FINDINGS: • The proposed office use will be adjacent to a large residential community and other contributing traffic factor, but will not augment the overall traffic stasis. The change of zoning will not allow more intense uses other than offices and not allow for commercial expansion. The office use will act as a buffer between the more intense commercial uses of the South Staples street corridor and the lower intensity uses of a retirement community and a single-family residential subdivision. ALTERNATIVES: The Planning Commission and Staff are in agreement in recommending approval of the change of zoning. OTHER CONSIDERATIONS: N/A —143— FINANCIAL IMPACT: ® Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: On July 6, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the "ON" Office District. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for medium density residential uses. The proposed change in zoning is not consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and Southside ADP encourage commercial development contingent upon the impact on neighboring residential properties. The proposed office use will have little impact and is adjacent to a multi -story retirement community. The proximity to the intersection with South Staples Street will prevent any traffic impact to the residential areas and there are several other medical offices nearby. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: • Zoning Map • Future Land Use Map • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K:\DEVELOPMENTS VCS\SHARED\1. PLANNING COMMISSION\ 2011 CC\AUG 2011\0711-01 EXECUTIVE SUMMARY.DOC —144— SUBJECT PROPERTY R-2 9W20/2011 Prepared By: SRR Department of Development -Semites CASE: 0711-01 1. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 41 Limited Industrial District A -IA Apartment House District 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apartment -Tourist District R -1A One Family Dwelling District 6-1 Neighborhood Business District R -1B One Family DweelMg District 13 -IA Neighborhood Business District R -1C One Family Dwelling District 6-2 Bayfront Business District R-2 Multiple Dwelling District B -2A Barter Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District 0-4 General Business Distdct R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Pernit B-6 Primary Badness Cora Distils' T -1A Travel Trailer Perk District BD Corpus Christi Beach Design Diat. T -1B Manufactured Home Perk District F -R Farm Rural Distdct T -1C Manufactured Home Subdivision HC Historical -Cultural Landmark District Preservation fl Subh ct 200' buffer with 20 O Oers Property in lewnvor 4 Owners within 200' listed on y Owners attached ownership table A in opposition -1 5- SUBJECT PROPERTY COM 0610/1011 Prepared By: SRR Department of Development Services CASE: 0711-01 4. SITE- FUTURE LAND USE 1= Agrlcultural/Rural TOR Tourist n Estate Residential lig Research/Business Park Low Density Res. n Light Industrial Med Density Res. I HI I Heavy Industrial 1-1 High Density Res. lig Public Semi -Public MH Mobile Home PK Park Vacant ® Drainage Corridor 1=3 Professional Office 1 DP Dredge Placement Commercial w"IR Water E1 Conservation/Preservation 1 I,,I]D COM Transportation Plan Evisdng Proposed Ha Expressways no Arterials ----� Collectors ----. Nn Parkway 000 4+4-1-1- Railroad -Hill Map Scale: 1:2,400 -146- SUBJECT PROPERTY R 2 06120/20„ Prepared By: SRR Department of Development Services CASE: 0711-01 Exhibit A Planning Commission's & Staffs Recommendation From: RS -TF (R-2) To: ON (AB) Ordinance No. LOCATION MAP n ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, UPON APPLICATION BY DONALD AND PATRICIA ZYLKS, BY CHANGING THE UDC ZONING MAP IN REFERENCE TO CORPUS CHRISTI RETIREMENT RESIDENCE ADDITION, BLOCK 1, LOT 1, FROM THE "RS -TF" TWO FAMILY DISTRICT (FORMERLY "R-2" MULTIPLE DWELLING DISTRICT) TO THE "ON" OFFICE DISTRICT (FORMERLY "AB" PROFESSIONAL OFFICE DISTRICT), AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendationsconcerning the application ofDonaldand Patricia- Zylks, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 6, 2011, during a meeting of the Planning Commission, and on Tuesday, August .23, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Corpus Christi Retirement Residence Addition, Block 1, Lot 1, located along the north side of Lipes Boulevard and west of South Staples (FM 2444), from the "RS -TF" Two Family District (Formerly "R-2" Multiple Dwelling District) to the "ON" Office District (Formerly "AB" Professional Office District) (Zoning Map 044,032) (Exhibit A -"Planning Commission's and Staffs Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. —148— Page 2 of 3 SECTION 3. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs andsuspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this _ day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor, City of Corpus Christi Joe Adame APPROVED AS TO FORM: This i' day of [ borah Walther Brown Assistant City Attorney For City Attorney `�LalrL� .Yf" , 2011 K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda \8-23-11\Donald & Patricia Zylks\8-7-11.No.0711-01 Donald & Patricia Zylks.OrdinanceFinaloWB.docx —149— Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:\Legal\SHARED\LEGAL-DEV.SVCS12011 Agenda \8-23-11\Donald & Patricia Zylks\8-7-11.No.0711-01 Donald & Patricia Zylks.OrdinanceFinalDWB.docx —150— SUBJECT PROPERT R.2 CASE: 0711-01 Exhibit A Planning Commission's & Staffs Recommendation From: RS -TF (R-2) To: ON (AB) Ordinance No. +i City of LOCATION MAP 14 NO ATTACHMENT FOR THIS ITEM -155- 15 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager ,8 FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361) 826-3227 Ordinance setting the FY11-12 Ad Valorem (Property) Tax Rate PURPOSE: Ordinance -setting -a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. BACKGROUND AND FINDINGS: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a property tax rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service ($0.190218/$100) and the rate needed to support the city's maintenance and operations expenditures ($0.380339/$100) for FY 2011-2012. Additionally, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of the September, at which time it will be presented to City Council for approval. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a -159- FINANCIAL IMPACT: o Not Applicable o Operating Expense x Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP only) Current Year Future Years TOTALS Budget -General Fund - $ 50,028,246.16 - $50,028,246.16 Budget -Debt Service Fund - $ 25,608,932.48 - $25,608,932.48 Budget -Reinvestment Zone#2 $ 1,668,193.00 $ 1,668,193.00 Budget -Reinvestment Zone #3 - $ 69,023.00 - $ 69,023.00 Encumbered/Expended amount of (date) - - - - This item - $ 77,374,394.64 - $77,374,394.64_ BALANCE - $ 77,374,394.64 - $77,374,394,64 FUND(S)-: 1020"Gene?arFund" 2010 "Debt Service Fund" 1111 "Reinvestment Zone #2" 1112 "Reinvestment Zone #3" COMMENTS: In accordance with the Texas Property Tax Code, once a taxing entity adopts its ad valorem tax rate, the tax assessor then provides the certified tax levy to the entity. This certification is anticipated to be received from the Nueces County Tax Assessor on or before September 30, 2011 and represents the anticipated property tax revenue that the City of Corpus Christi will be receiving during fiscal year 2011-2012. If the levy generates revenue that is materially different from what was budgeted by the City of Corpus Christi for fiscal year 2011-2012, then City staff will bring a budget amendment to the City Council to account for the variance in revenue. Also at that time, the certified tax levy will be submitted to City Council for approval. RECOMMENDATION: Staff recommends City Council approval of the Ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy and the "Truth -in -Taxation" guidelines in the adoption of the ad valorem tax rate. EMERGENCY / NON -EMERGENCY: This ordinance requires two readings. The second reading is scheduled for August 30, 2011. —160— DEPARTMENTAL CLEARANCES: Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —161— 1 AN ORDINANCE SETTING A PROPERTY TAX RATE OF $0.570557 PER $100 VALUATION; PRESCRIBING THE PROPERTY TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2011 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2011 as follows: $0.380339 for the purpose of maintenance and operation 0.190218 for payment of principal and interest on debt $0.570557 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.380339 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.190218 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011 August 23, 2011.DOC —162— 2 for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2011-2012 J:\LISA12011 Ordinance\Ord-Ad Valorem Tax Rate 2011 August 23, 2011.DOC —163— Principal Interest & Fees Other Amounts to be Paid Total 2001 General Obligation $ 3,850,000 $ 744,631 $ 4,935 $ 4,599,566 2001A General Obligation 135,000 6,750 173 141,923 2002 Certificates of Obligation 1,380,000 1,109,140 1,769 2,490,909 2003 General Obligation 0 86,463 0 86,463 2004 Certificates of Obligation 295,000 234,865 378 530,243 2004 General Obligation 165,000 8,250 211 173,461 2005 General Obligation 3,270,000 3,764,713 4,191 7,038,904 2005 Certificates of Obligation 290,000 618,379 372 908,751 2006 Certificates of Obligation 395,000 811,144 506 1,206,650 2007 Certificates of Obligation 103,752 94,786 133 198,671 2007 General Obligation 165,000 150,238 211 315,449 2007A General Obligation 1,250,000 1,203,263 1,602 2,454,865 2008 Tax Notes 1,025,000 151,360 0 1,176,360 J:\LISA12011 Ordinance\Ord-Ad Valorem Tax Rate 2011 August 23, 2011.DOC —163— 3 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. J:\LISA12011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —164— Principal Interest & Fees Other Amounts to be Paid Total 2008 Certificates of Obligation $230,000 $575,450 $295 $805,745 2009 General Obligation 3,205,000 3,612,863 4,108 6,821,971 2009 Certificates of Obligation 285,000 324,144 365 609,509 2010 General Obligation 485,000 505,050 622 990,672 2010 Certificates of Obligation 100,000 116,776 129 216,905 2011 General Obligation 0 1,163,750 0 1,163,750 Total required for 2011 debt service $16,628,752 $15,282,015 $20,000 $31,930,767 Less: Amount paid from unencumbered fund balance 950,000 Less: Transfers for self- supporting debt 7,010,707 Total to be paid from taxes in 2011 $23,970,060 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. J:\LISA12011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —164— 4 SECTION 5 If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —165— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing -ordinance -was -read -for -the -second -time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: Ar 4, a31 Lisa Aguilar, Assistant City Attorney for the City Attorney By: J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —166- 5 1 AN ORDINANCE SETTING A PROPERTY TAX RATE OF $0.570557 PER $100 VALUATION; PRESCRIBING THE PROPERTY TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2011 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate -on -$100 valuation for this city for tax year 2011- as follows: $0.380339 for the purpose of maintenance and operation 0.190218 for payment of principal and interest on debt $0.570557 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.380339 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.190218 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises de4cribed in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided —167— 2 for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2011-2012 —168— Principal Interest & Fees Other Amounts to be Paid Total 2001 General Obligation $ 3,850,000 $ 744,631 $ 4,935 $ 4,599,566 2001A General Obligation 135,000 6,750 173 141,923 2002 Certificates of Obligation 1,380,000 1,109,140 1,769 2,490,909 2003 General Obligation 0 86,463 0 86,463 2004 Certificates of Obligation 295,000 234,865 378 530,243 2004 General Obligation 165,000 8,250 211 173,461 2005 General Obligation 3,270,000 3,764,713 4,191 7,038,904 2005 Certificates of Obligation 290,000 618,379 372 908,751 2006 Certificates of Obligation 395,000 811,144 506 1,206,650 2007 Certificates of Obligation 103,752 94,786 133 198,671 2007 General Obligation 165,000 150,238 211 315,449 2007A General Obligation 1,250,000 1,203,263 1,602 2,454,865 2008 Tax Notes 1,025,000 151,360 0 1,176,360 —168— 3 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. -169- Principal Interest & Fees Other Amounts to be Paid Total 2008 Certificates of Obligation $230,000 $575,450 $295 $805,745 2009 General Obligation 3,205,000 3,612,863 4,108 6,821,971 2009 Certificates of Obligation 285,000 324,144 365 609,509 2010 General Obligation 485,000 505,050 622 990,672 2010 Certificates of Obligation 100,000 116,776 129 216,905 2011 General Obligation 0 1,163,750 0 1,163,750 Total required for 2011 debt service $16,628,752 $15,282,015 $20,000 $31,930,767 Less: Amount paid from unencumbered fund balance 950,000 Less: Transfers for self- supporting debt 7,010.707 Total to be paid from taxes in 2011 $23,970,060 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. -169- 4 SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. —170— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor —171- 5 16 City of i Corpus E Christi AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: 08/23/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Ordinance Authorizing Execution of a License Agreement to Operate Bayfront Park Kiosk (Request for Proposal No. BI -0011-11) PURPOSE: Ordinance authorizing the city manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a/ Game Time Food & Beverage Services (Game Time) for operation of the Bayfront Park Kiosk. BACKGROUND AND FINDINGS: The City of Corpus Christi recently completed construction of a five -acre park at the north end of Shoreline Drive, adjacent to the American Bank Center and overlooking Corpus Christi Bay. At the north end of the park is a 478 square foot kiosk. The recommended vendor will operate the kiosk as a food concession offering snacks and drinks to the park's visitors and the general public during spring break and the summer months. Request for Proposal BI -0011-11 was issued. Proposals were received from two proposers, one of whom, SnowBall Wizard, was determined to be ineligible for consideration as the City's Code of Ethics prohibits an employee from having an interest in any contract with the City. A license agreement was negotiated with Game Time. This is a revenue contract that will not result in expenditure of City funds. The license fee to be paid to the City is structured as follows: 0% on gross sales, less sales tax, of $0 to $10,000 per month 8% on gross sales, less sales tax, in excess of $10,000 per month. ALTERNATIVES: In lieu of using the kiosk to provide a food concession service, the space may be used as a visitors' information center. However, a food concession not only provides food service, but also serves as an additional amenity available to park visitors and the general public. FINANCIAL IMPACT: o Not Applicable o Operating Expense x Revenue ❑ CIP FISCAL YEAR: (CIP Only) Year Years TOTALS Budget 0.00 Encumbered/Expended amount as of (7/12/11) 0.00 This item 0.00 BALANCE 0.00 FUND(S): _J J —175— RECOMMENDATION: Staff recommends authorizing award of a license agreement with Amarillo Sports Services, Inc. d/b/a/ Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks & Recreation. LIST OF SUPPORTING DOCUMENTS: Summary Evaluation Matrix attached. cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant -Director -of -Management & Budget- Margie Rose, Assistant City Manager Michael Morris, Director of Parks & Recreation Pete Anaya, Director of Engineering —176— CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI -0011-11 Bayfront Park Kiosk Summary Evaluation Matrix Maximum Evaluation Criteria Score Technical Solution 20% Proposer's- Profile -&-Qual.-----25% Pricing 50% Exceptions 5% Total Score 100% AMARILLO SPORTS SERVICES, INC. D/B/A GAME TIME FOOD & BEVERAGE SERVICES Buffalo Grove, Illinois 15.6% 23.8% 50.0% 3.5% 92.9% -177- Ordinance authorizing the City Manager or designee to execute a License Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manger or designee is hereby authorized to execute a License Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. -178- That the foregoing ordinance was read for the first time and passed to its .second. reading on this the day of 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: Fa -1 a , 2011. By: Brian Narvaez Assistant City Attorney For City Attorney -179- BAYFRONT PARK KIOSK AGREEMENT Between the City of Corpus Christi and Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services o c State of Texas County of Nueces KIOSK AGREEMENT THIS AGREEMENT is entered into by and between Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services ("Licensee") a Texas Corporation (organizational status - .... ,.::) and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation ("City"), by and through its duly authorized City Manager, each of whom agrees as follows: FOR AND IN CONSIDERATION of the mutual terms, covenants, and conditions herein, City hereby grants to Licensee the license to operate the Bayfront Park Kiosk. The parties intend that a license, not a lease, easement or any other interest in real property be created hereby and Licensee acknowledges he/she is not receiving any interest in real property by this Agreement. Except as expressly otherwise provided herein, the rights granted under this license are exclusive. AGREEMENT 1. TERM. The term of this Agreement shall commence on the date signed by the last signatory hereto and shall continue for one year thereafter, with an option to extend for up to two additional one-year periods, subject to the approval of the City Manager or his designee ("Term"). The City reserves the right to re -negotiate the Kiosk Fee during the extension process. At any time during the Term of this Agreement, City shall have the right to terminate this Agreement upon thirty (30) days' prior written notice to Licensee. The term "Term" as used in this Agreement shall include any and all extension periods. 2. USE. 2.1 Use of Licensed Property. Licensee shall use the Licensed Property and the Facilities for only the following purposes: DNISVHi3dna (a) Operation of Facilities for Group Use. Operation and maintenance of the Licensed Property and the Facilities for group use, by reservation only, for picnics, barbecues, recreational games and similar events. —180— (b) Food Services. Operation and maintenance of food services, including serving, selling, vending and dispensing popcorn, potato chips, ice cream, hot dogs and hamburgers, candy and similar merchandise and light lunches. The sale of alcoholic beverages at the Licensed Property is strictly prohibited. Licensee shall submit its proposed menu and list of merchandise to City for City's approval, which approval shall not be unreasonably withheld. During the Term, Licensee shall not make any major charges to such menu or list of merchandise as approved by City, without first obtaining City's approval, which shall not be unreasonably withheld. (c) Catering. Operation and maintenance of a catering service for food preparation for large groups at the Licensed Property. Licensee may, at its discretion, perform the food preparation itself or contract with a third -party to perform such services. (d) Promotion. Promotion of the Licensed Property and the Facilities through publicity, special events and contacts with schools and large group users, all at Licensee's expense and with City's prior written approval. Promotional material must include acknowledgement that facilities are located on CITY OF CORPUS CHRISTI land. 2.2 Days and Hours of Operation of the Licensed Property. Licensee's business at the Licensed Property shall maintain the following hours: The Kiosk shall offer seven -day -a -week operation from 11:00 a.m. to 8:00 p.m. beginning Memorial Day weekend and continuing through Labor Day, as well as during the two weeks comprising Spring Break. Modifications to this schedule as well as establishing days and hours of operation outside these time frames must be approved by the Director of Parks and Recreation, or his designee, prior to any such modification being implemented by Licensee. 2.3 Facility Manager. Unless Licensee personally serves in such capacity, Licensee shall hire and assign a full-time, qualified, experienced facility manager for its operations. Said facility manager will have no other duties or responsibilities and will be physically available during reasonable operating hours. The qualifications of said facility manager shall be submitted to the City upon request. During the hours when the manager is not on duty or available, there shall be a designated assistant manager. The manager and assistant manager shall be the authorized representatives of the Licensee -and entitled to act in all matters relating to the operation of the facility assigned hereunder. The City shall be advised in writing of the names of the manager and assistant manager. Tenant shall provide telephone numbers of the manager and assistant manager or other representatives in order that the City many communicate quickly with representatives during emergencies or other unusual circumstances. 2.4 Licensee's Employees. All employees shall be fully trained and qualified to perform the duties assigned to them and shall perform such duties in an efficient and courteous manner. If any employee of Licensee fails to so perform his/her duties, Licensee shall take any and all appropriate action to discipline such employee, including, without limitation, dismissal of such employee. If Licensee fails to take such action and such employee continues to perform his/her duties in a manner inconsistent with the standards set forth herein, Licensee shall, upon City's demand, dismiss such employee. —181— All of Licensee's employees shall be appropriately attired to distinguish such employees from members of the public. 2.5 Rates and Charges. Prior to the commencement of this Agreement, and thereafter upon City's request, Licensee shall submit to City a schedule of the rates and prices Licensee shall charge the public for goods. If City reasonably disapproves any such price, Licensee shall modify such price schedule as directed by City. Licensee shall post its rates and prices for goods in such places on the Licensed Property as City may designate. 2.6 Quality of Licensee's Services. (a) Licensee shall conduct its operations in an orderly manner and so as not to annoy, disturb or offend customers, patrons or others on the Property. (b) Licensee shall control the conduct, demeanor and appearance of its officers, members, employees, agents, representatives, customers and patrons, and, upon objection of the City — concerning the conduct, demeanor or appearance of any such person, Licensee shall immediately take all necessary steps to remedy the situation. (c) Licensee shall furnish good, prompt and efficient service, adequate to meet all reasonable demands therefor. (d) Licensee shall serve only the best quality products obtainable for the type of service offered. (e) City reserves the right to prohibit the sale, rental or use by Licensee of any article or item which City regards as objectionable, unnecessary or of inferior quality for proper service to the public. (f) Licensee shall not store food, supplies, equipment or any other item outside of a structure on the Licensed Property, except as specifically approved in writing by City at its sole discretion. (g) Licensee's personnel may drive private vehicles into areas near the Kiosk in which non -City vehicles are prohibited, only as required for loading and unloading items used to operate the Licensed Property. (h) Notwithstanding (g) above, Licensee shall use its best efforts to arrange for all food, supplies and other items needed for operation of the Licensed Property to be delivered by the fewest possible vehicles. Licensee shall use its best efforts to minimire the disruptions and amount of traffic in the immediate area of the Kiosk that would result from numerous deliveries. (i) Licensee shall not install, use or permit to be operated or used on the Licensed Property any public address equipment, television equipment, juke box, radio, loudspeaker or other noise - producing equipment, except as specifically approved by the City, at its sole discretion. Audio equipment may be used only during periods when patrons or customers have reserved the area. —182— 2.6 Compliance with Laws. Licensee shall comply with all laws concerning the Licensed Property or Licensee's use of the Licensed Property. The judgment of any court of competent jurisdiction or the admission by Licensee in any action or proceeding against Licensee that Licensee has violated any laws in the use of the Licensed Property shall be deemed to be conclusive determination of that fact between City and Licensee, even though City is not a party to such action or proceeding. 2.7 Other Limitations on Licensee's Use of Licensed Property. Licensee shall not use the Licensed Property for or permit in or upon the Licensed Property any of the following: (0 any nuisance or offensive, noisy or dangerous trade, business, manufacture or occupation; (ii) any activity which violates public policy; or (iii) any auction, liquidation, fire or bankruptcy sale. Licensee agrees not to cause, permit or suffer any waste to the Licensed Property. 2.8 Exterior Displays. Licensee shall not, without prior written approval of City, keep, display, sell or permit the display or sale of any merchandise outside of any building located in the Licensed Property unless there is prior approval by City. 2.9 Coin -Operated and Other Machines. Licensee shall not install, maintain use or allow in or upon the Licensed Property any pinball machines, coin-operated music machine, video machines or other coin-operated amusement devise of any kind or character without prior written approval of the City. If Licensee violates the provisions of this Section 2.9, City may, in addition to its other rights and remedies, enter the Licensed Property and remove and store, or otherwise dispose of, any such machines and devices at the expense of Licensee. 2.10 Storage of Refuse. (a) Licensee shall cause all refuse and trash to be promptly removed from the Licensed Property and shall not allow refuse, garbage or trash to be stored outside of any building on the Licensed Property except in a screened area in a location reasonably approved by City. City will provide a dumpster and disposal of the contents. Licensee must not dispose of toxic or hazardous materials, as defined by the Environmental Protection Agency, in the dumpster. (b) Grease Trap. Licensee will clean, or have cleaned, the grease traps on no less than a monthly basis or more often if deemed necessary, and will properly dispose of or ensure proper disposal of the contents of the grease trap. 2.11 Miscellaneous Use Requirements. (a) Health Department Requirements. Licensee shall, at its own expense, correct any deficiencies at the Licensed Property as required by the City of Corpus Christi Health Department and the Nueces County Health Department. (b) Condition of Premises. Licensee shall immediately report in writing to City any observable defects in or about the Licensed Property which could foreseeably lead to personal injury or further property damage. Licensee shall at all times be alert to detection of such defects and shall report them promptly upon observation. City may, at its option, provide a form for such reports from time to time. —183— (c) Patterns of Public's Use of Licensed Property. Licensee shall, from time to time, supply written notice to City of observed patterns of use of the Licensed Property by members of the public, with special reference to undesirable, dangerous or questionable situations or conditions that might reasonably merit review by City, but which are not of an emergency nature. (d) Emergency. Notwithstanding the foregoing, if Licensee becomes aware of any act of vandalism or of any casualty, or any other condition involving imminent danger of loss of life or injury to persons or public property, Licensee shall immediately report same to the Corpus Christi Police Department; provided, however, in addition to Licensee's obligation to notify the Corpus Christi Police Department, if Licensee or its employees are at the Licensed Property at the time of the occurrence of any emergency situation, Licensee shall take whatever steps are reasonably necessary to protect City and its property. (e) Protection of Kiosk Facility. Licensee recognizes that the Licensed Property is located within Bayfront Park, a city park owned, operated and maintained by City as an essential part of its system for furnishing recreation and open space for use by the citizens of Corpus Christi. Licensee agrees not to interfere in any way with City's activities: (i) to protect the property of City from destruction by erosion, fire or improper use, and (ii) to protect the public at all times from hazards. 2.12 Pest Control. Licensee will provide pest control services to the Premises and Seating Area at least monthly and must notify the Contract Administrator at least two (2) business days prior to any pesticide application. 3. LICENSE FEES; PAYMENT; REPORTS; RECORDKEEPING. 9 Licensee hail` 1n or be + rs t e i O" dtty each month, remit payment to the Contract Administrator, for the prior month, and provide to the Contract Administrator, on or before the 10th day of each month, for the prior month, the Licensee shall remit payment and provide a completed monthly report (attached as "STATEMENT OF GROSS REVENUES") enumerating the Gross Receipts, sales taxes and corresponding Kiosk Fee that are certified by a duly authorized officer of Licensee and shall be remitted to the Director of Parks & Recreation 3.2 Definition of Gross Receipts. The term "gross receipts" shall mean the dollar aggregate of the advance deposits for reservations and of the selling prices of all goods and merchandise sold, leased, licensed or delivered at or from the Licensed Property by Licensee, its permitted licensees or concessionaires, whether made for cash, check, credit account, debit account, exchange, coupon redemption, or otherwise, and shall include, without limitation, sales, rentals and services where the orders originate or area accepted by Licensee at the Licensed Property, even though delivery or performance is made from elsewhere, and where orders originate outside of the Licensed Property, but delivery or performance of such orders is made from the Licensed Property, and shall also —184— include sales made by means of mechanical or other vending devices on the Licensed Property. It shall be a condition of any such permitted license, concession or other arrangement that such gross sales clear through Licensee's books and records so that Licensee shall be in a position to render full and complete reports as required by this Agreement. Gross receipts from business conducted in cooperation with any of City's other concessionaires or licensees shall be included either in such other concessionaire's or in Licensee's gross receipts, as City shall direct, but not both. Each charge or sale upon credit shall be treated as a sale in each month during which any deposit, fee, advance payment or other payment is received, to the extent of each such payment. Licensee may accept payments attributable to a sale of goods or services for use beyond the term of this Agreement if Request for Proposals and selection process goes beyond the end date of this agreement or any extension hereof. These payments shall be held in a City account pending the appointment of a new Licensee. In this case, Licensee agrees that these deposits or advance payments are turned over to any new Licensee chosen. 3.3 Net Receipts. The following items may be deducted from gross receipts in determining net receipts, -but only to the extent that they have been included in gross receipts: (a) the amount of any city, county, state or federal sales, use or excise taxes on sales or services rendered from the Licensed Property where such taxes are added to the selling price, are stated separately and are paid by Licensee directly to the taxing authority; (b) the net amount of cash refunds made by Licensee of funds previously paid to Licensee and reported in gross sales on account of either (i) cancellation of a rental reservation, or (ii) the food or merchandise, or part of it, returned by the purchaser to, and accepted by, Licensee (but not exceeding in any instance the amount of the selling price of the item in question); (c) exchanges or transfers of food or merchandise between stores of Licensee, where such exchanges or transfers are made solely for the convenient operation of Licensee's business and do not have the effect of consummating elsewhere a sale which has in fact been made at or from the Licensed Property; (d) returns to shippers and manufacturers; (e) sales of fixtures after their use in the conduct of Licensee's business at the Licensed Property as permitted by this Agreement; (f) sums and credits received in the settlement of claims for loss or damage to food and merchandise; and (g) receipts from public telephones, stamp machines, public toilet locks or vending machines installed solely for the use of Licensee's employees. No exclusion or deduction shall be allowed for uncollectible accounts receivable or other extensions of credit. 3.4 Recordkeepinq; Inspection. Licensee shall keep, at Licensee's office, full and accurate books of account, cash receipts and other pertinent data customarily used in Licensee's type of operation, A7 7-1 —185— 1\ showing Licensee's activities under this Agreement, including, without limitation, Licensee's gross receipts ("Recordkeeping"). Licensee shall utilize only those recording machines or records, including, without limitation, cash registers, tapes, books, ledgers, journals, sales slips, guest checks, invoices and cash register maintenance logs, which are acceptable to City and by which every sale and other transaction made from the Licensed Property shall be recorded. Licensee shall keep such books of account, cash receipts and other pertinent data for a period of not less than three years following the end of each year of the Term of this Agreement. City and its authorized representatives shall have the right to examine any of Licensee's records kept at a location different from the Licensed Property. If such Location is outside the area of City's jurisdiction, Licensee shall pay all costs of City's travel and other costs associated with any examination of records at such a location. Licensee shall fully cooperate with City in making any such inspections and examinations and shall provide City, its employees, agents and representatives with adequate and convenient facilities therefor. City shall also be entitled, once in any year during the Term of this Agreement, and once after expiration or termination of the Term, to an audit of the books of account, cask receipts, records and other pertinent data showing business done by Licensee on the Licensed Property, to be made by a certified public accountant to be designated by City. If any audit shows that there is a deficiency in the payment of License Fees, the deficiency shall become immediately due and payable. The costs of such an audit shall be paid by City unless an audit discloses that Licensee understated gross receipts by two percent (2%) or more, or discovered recordkeeping inadequacies which, in the opinion of the auditors, could result in the understatement of gross receipts by two percent (2%) or more, in which case Licensee shall pay all of City's costs of audit. The acceptance by City of any monies paid to City by Licensee as License Fees, as shown by any statement furnished by Licensee, shall not be an admission of either (i) the accuracy of such statement, or (ii) the sufficiency of the amount of the License Fees. Recommendations to improve Recordkeeping made by the auditor and approved by City shall be implemented by Licensee. Any audit undertaken on behalf of City to determine any overdue amount(s) shall be in addition to audits allowed and shall be at the cost of Licensee. Extra expense of audit due to inaccurate or inadequate recordkeeping shall be at the cost of the Licensee. 3.5 No Partnership Formed. City is not, and shall not in any way or for any purpose become, an agent, partner or joint venturer of Licensee in its business or otherwise. 3.6 Taxes. (a) Taxes on Licensee's Personal Property. Licensee shall pay, before delinquency, all taxes, assessments, license fees and other charges that are levied and assessed on Licensee's personal property, major maintenance performed by Licensee and/or Licensee's trade fixtures. 3.7 Late Charge. Licensee hereby acknowledges that late payment by Licensee to City of any License Fee or other sum payable by Licensee pursuant to this Agreement will cause City to incur costs not contemplated by this Agreement, the exact amount of which would be extremely difficult and impracticable to ascertain. Such costs include, without limitation, processing and accounting —186— x/ charges, personnel costs and late charges which may be imposed on City by the terms of any indebtedness secured by the Licensed Property. Accordingly, if City does not receive any License Fee or any other sum owed by Licensee on or before the fifth (5th) day following its due date, Licensee shall pay to City a late charge equal to ten percent (10%) of any such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Licensee. Acceptance of such late charge by City shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent City from exercising any of its other rights and remedies. 3.8 Interest. In addition to the late charges provided in Section 3.$, any License Fee or sum due hereunder not paid within 10 days after City has sent notice to Licensee, shall bear interest from the eleventh day at the rate of fourteen percent (14%) per annum, or the applicable maximum legal rate of interest, if any, whichever rate is lower, until paid. 4. REPAIR AND MAINTENANCE; CAPITAL MAINTENANCE FUND. 4.1 Routine Repair and Maintenance. Licensee shall, at its own cost and expense, conduct the routine maintenance and repair necessary to maintain the Licensed Property and the Facilities in good condition and repair during the Term. Such routine maintenance and repair shall include, without limitation, cleaning and painting (under $300) of the Licensed Property and the Facilities, repair and replacement of minor parts and components, and routine landscaping, such as trimming, watering and weeding, on the Licensed Property. 4.2 Liens; Non-Responsibilitv. (a) Licensee shall not suffer or permit any mechanics', materiahnen's or other liens to be filed against the Licensed Property and/or the facilities. (b) Non -Responsibility. Nothing in this License Agreement shall be deemed in any way to constitute the consent of City, express or implied to the performance of any labor or the furnishing of any materials for any improvement, alteration, repair or replacement of the building and improvements on the Licensed Property by any contractor, subcontractor, laborer or materialman, nor as giving Licensee any right, power or authority to contract for, on City's behalf, the rendering of any services or the furnishing of any materials. 5. SIGNS AND ADVERTISING. 5.1 Citv's Approval of Signs. Licensee, at Licensee's sole cost and expense, may install and maintain on the exterior of the buildings located on the Licensed Property or at other location(s) within the Bayfront Park, only those sign(s) of the type, color, type, size and location approved in writing by City, in City's sole discretion. —187— 5.2 Other Advertising Devices. Licensee shall not permit or cause to be used at the Licensed Property or elsewhere in Bayfront Park any advertising device such as phonographs, radios, public address systems, sound production or reproduction devices, excessively bright lights, changing, flashing, flickering or moving lights or any similar devices, which shall be visible from outside the building(s) located on the Licensed Property without City's prior written approval, which may be withheld in City's sole discretion. 5.3 Removal of Signs. If, at any time or from time to time, City shall object to any item or sign displayed by Licensee on the Licensed Property, City shall notify Licensee and Licensee shall, at its own expense, immediately remove the sign or item to which City objects. If Licensee fails to remove such objectionable item(s) from the Licensed Property, City shall have the right, but not the obligation, to enter the Licensed Property to remove and store or otherwise dispose of such objectionable item(s) at Licensee's expense. 5.4 Advertising. During the Term of this Agreement, Licensee shall have the right to use the name `Bayfront Park' m advertising its business, only as such business is conducted at the Licensed Property; provided, however, that Licensee shall not acquire any right to or interest in any name or distinctive designation which is, or may become, identified with the Licensed Property or the Bayfront Park. Licensee's right to use the name of the Bayfront Park shall terminate upon the expiration or termination of this Agreement. City shall have the right to change the name of the Bayfront Park at any time and from time to time, at City's sole discretion. 6. UTILITIES. In return for part of the consideration, City will provide Licensee water, wastewater, gas, electricity and the same lighting, heating, cooling and ventilation as generally provided at the Kiosk located in Bayfront Park. Licensee shall provide its own telephone and cable/satellite television service. City makes no representation or warranty as to the availability of any such utilities or services at the Licensed Property. 7. INDEMNIFICATION. Licensee shall indemnify and hold harmless City, its officers, employees, or agents ("Indemnitees") from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted against City on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of Licensee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises or any Improvements thereon pursuant to this Agreement with the expressed or implied invitation or permission of Licensee (collectively "Licensee's Invitees") or when any the injury or damage is the result, proximate or remote, of the violation by Licensee —188— or Licensee's Invitees of any law, ordinance or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Improvements located on the Premises herein or out of the use or occupancy of the Improvements to the Premises or the Premises itself by Licensee or Licensee's Invitees. Licensee covenants and agrees that in case City shall be made a party to any claim or litigation against Licensee or in any claim or litigation commenced by any party, Licensee shall defend City, with counsel satisfactory to City, upon receipt of notice regarding commencement of the claim or litigation. 8. INSURANCE. The Licensee must obtain and maintain the minimum insurance listed in Request for Proposal Number BI -0011-11 for the period of the Agreement at its own expense and use an insurance company or companies acceptable to the Contract Administrator and must furnish the Contract Administrator with a Certificate of Insurance evidencing that such insurance is in effect. The Certificate must specify parties who are additional insured and must indicate endorsements which are specifically included or excluded. Such Certificate and insurance must not be canceled, materially changed or not renewed without 30 days prior written notice to the Contract Administrator. A copy of all insurance policies will be provided to the Contract Administrator upon his/her written request. 9. DESTRUCTION. In the event of destruction, loss or damage by fire or other casualty of any improvements or fixtures on the Premises, which in the reasonable opinion of City cannot be repaired or restored in ninety (90) days, City may terminate this Agreement, by written notice, effective the date of such loss. In the event of such termination, insurance proceeds shall be used to demolish and clear the damaged improvements and the balance thereof shall be retained by Licensee if such damaged improvement was installed by Licensee. In the event of such destruction, loss or damage, and this Agreement is not terminated under this paragraph, any buildings, improvements, or fixtures constructed by Licensee shall be replaced by Licensee at Licensee's sole cost and expense or, if appropriate, for purposes of Licensee and satisfactory to City, other facilities may be substituted for such facilities. 10. ASSIGNMENT AND SUBLETTING. Licensee shall neither assign, sublease or otherwise convey any interest in this Agreement or arising hereunder to any person or persons, entity or entities whatsoever, without the prior written consent of City. Any attempt to assign or sublet premises other than group reservations provided herein, without such prior written consent, shall be void. 11. WAIVER OF CLAIMS. —189— x� Licensee hereby waives any claim against City, its officers, directors, agents or employees for damage or loss caused in connection with, or as a result of, any suit or proceeding directly or indirectly attacking the validity of this Agreement or any part thereof, or as a result of any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same or any part thereof from being carried out. 12. WAIVER OF CONTRACT TERMS. No waiver by either party at any time of any of the terms, conditions or covenants of this Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of City to re-enter the premises or to exercise any right, power, privilege or option arising from any default, nor any subsequent acceptance of rent then or thereafter accrued shall impair any such right, power, privilege or option or be construed as a waiver of any such default or a relinquishment of any nght or acquiescence therem. No notice to the Licensee shall be required to restore or revive time as of the essence after the waiver by the City of any default. No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given to the City by this Agreement shall be deemed cumulative. 13. MODIFICATION OF AGREEMENT. Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. City shall have the right to grant reasonable extensions of time to Licensee for any purpose or for the performance of any obligation of Licensee hereunder. 14. NON-DISCRIMINATION. The Licensee and Licensee's members shall not discriminate because of sex, race, color, age, religion, ancestry or national origin against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the general public, nor shall the Licensee or Licensees' employees or members publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of sex, race, color, religion, disability, age, ancestry or national origin. In the performance of this contract, the Licensee will not discriminate against any because of sex, race, color, religion, disability, age, ancestry or national origin. Licensee will ensure that members are recruited and treated without regard to their sex, race, color, religion, disability, age, ancestry or national origin. 15. NOTICES. —190— X� j Any notices required or permitted to be given under this Agreement shall be by certified mail and addressed to respective parties at their addresses indicated below. Such addresses may be changed from time to time by notice in writing to either party. If to City: Michael Morris Director of Parks & Recreation Parks & Recreation Department City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 If to Licensee: Name:Amarillo Sports Services d/b/a Game Time Food & Beverage Title:Brian Klassman Address:355 W Dundee Rd— City:Buffalo Grove State:Ilinois Zip:60089 16. COMMUNICATION. The Licensee shall direct all communications to the City regarding matters to the City's Parks & Recreation Department Director, Michael Morris. 17. TERMINATION FOR CAUSE. The City Manager may terminate this Agreement for Licensee's failure to perform the services specified in this Agreement. Licensee's failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Licensee written notice of same and provide Licensee a reasonable opportunity to cure. If Licensee has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. 18. TERMINATION WITHOUT CAUSE. The City may terminate this Agreement, without cause, upon 20 days written notice to Licensee. However, City may terminate this Agreement on 24 -hours written notice to Licensee for failure to pay or provide proof of payment of taxes as set out herein. 19. ATTORNEYS' FEES. Should either party bring any legal action or proceeding for the breach of any term, covenant or condition of this Agreement, the Court shall award reasonable attorneys' fees to one or more of the parties therein based upon the degree to which each party prevails in such action or proceeding, as / ) determined by the Court. —191— x / 20. ADVICE OF COUNSEL Each party hereto has been provided full opportunity for review of this Agreement by legal counsel. Therefore, no presumption or rule that ambiguity shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 21. ENTIRE AGREEMENT. This instrument contains the entire Agreement of the parties relating to the rights granted and obligations assumed and supersedes all prior written and oral discussions. IN WITNESS WHEREOF, the parties hereto have affixed their signature. CITY OF -CORPUS -CHRISTI LICENSEE By: By: Michael Barrera Title: Assistant Director of Financial Services Title: Date: Date: Co`/// 0 /I APPROVED AS TO FORM VALDE City Attorney By: Brian Narvaez Assistant City Attorney C OS Incorporated by reference, for all purposes: Exhibit A: Request for Proposal No.: BI -0011-11 Exhibit B: Proposer's Proposal Exhibit C: List of Equipment provided by the City of Corpus Christi and whose title shall remain with the City Exhibit D: List of Equipment provided by Licensee —1 9 2— 17 AGENDA MEMORANDUM for the City Council Meeting of August 23,2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Rudy D. Garza, Interim Asst. City Manager rudyga@cctexas.com 361-826-3082 CAPTION: This agenda item represents annual contract renewals with our State & FederalLegislativeconsultants at a reduced cost to the City. A. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. B. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services BACKGROUND AND FINDINGS: The City of Corpus Christi has previously engaged the services of our primary contacts, Snapper Carr and Brandon Aghamalian with Focused Advocacy at the state level, and Larry Meyers at the federal level, and we look to continue those established relationships. Due to budget reductions to the General Fund, which impacted the Intergovernmental Relations function, we have negotiated a reduction in the monthly retainer amounts according to available funding. In the case of Focused Advocacy, we've achieved a savings of $2,000 on a monthly basis and with Meyers and Associates, we've negotiated a $750 per month savings. In addition, we have mutually agreed to part ways with HilICo Partners at the state level, which provided a specific focus on issues before the Texas Commission on Environmental Quality. Those responsibilities will be absorbed by Focused Advocacy. These resources have proven their value in assisting the City with our legislative program and have been partners in making our programs a success in both state and federal legislative arenas. Attached for your review are biographies on each of our primary governmental relations resources. ALTERNATIVES: As previously discussed, the City is achieving savings of approximately $81,000 for the 2011- 2012 fiscal year by eliminating a contract and renegotiating the remaining agreements. This is achievable in large part due to the coming year being a non -session year at the state level. CONFORMITY TO CITY. POLICY: The agreements being proposed are consistent with past agreements and have been approved by our City Attorney. These funds are available and budgeted for the 2011- 2012 fiscal year. -195- FINANCIAL IMPACT: o Not Applicable Operating Expense o Revenue- ❑ CIP Fiscal Year: 2010- 2011 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget n/a 144,000 n/a 144,000 Encumbered / Expended Amount n/a 0 n/a 0 This item n/a 144,000 n/a 144,000 BALANCE n/a 144,000 n/a 144,000 Fund(s): General/Water/Wastewater/Airport/Gas Funds Comments: Based on the renegotiated contracts and the HillCo contract not being renewed for the coming fiscal year, this item represents a savings of approximately $81,000 from the previous fiscal year. That savings is primarily attributed to the general, water, and wastewater funds. Funding will be distributed -between -the -general -fund -and -multiple -enterprise funds depending upon the specific project advocacy requirements of each enterprise fund. Examples of our advocacy for the various enterprise funds includes water supply priorities such as issues associated with the Mary Rhodes Pipeline Phase II, agency work dealing with the TCEQ on various issues regarding permitting and enforcement, working on expansion of the runway at Corpus Christi International Airport to 10,000 feet and wind turbine issues at the federal level, and opportunities related to Compressed Natural Gas projects and funding and continued attention to state policy. RECOMMENDATION: Staff recommends continuing our existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington D.C. for the 2011-2012 fiscal year. Our existing lobbying resources have done an excellent job in helping the City of Corpus Christi advance our legislative program at the state and federal levels in years past. We recommend approval of the engagement of these firms for the upcoming year. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Each of the impacted enterprise fund Directors were consulted to ensure funding was budgeted and available for this purpose. LIST OF SUPPORTING DOCUMENTS: 1. Governmental Relations Consultant Biographies 2. Agreement between Focused Advocacy and the City of Corpus Christi 3. Agreement between Meyers & Associates and the City of Corpus Christi Approvals: Carlos Valdez, City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager —196— ATTACHMENT Governmental Relations Consultant Biographies Focused Advocacy (State Legislative Consultants): Snapper Carr, Partner and General Counsel Snapper Carr is widely recognized among legislators and industry representatives as an expert on municipal, telecommunications and utilities issues. As the company's general counsel, Carr represents the needs of local governments before the Texas Legislature. Before becoming a partner in Focused Advocacy, Carr served as general counsel and consultant for HiIICo Partners, a legislative and public affairs consulting firm, from 2006 through 2009. During his time at HiIICo, Carr assisted in the drafting and passage of more than 100 statutory changes, including historic legislation regarding water regulations and supply. Carr was responsible for managing and developing an extensive public and private sector client base that relied on his extensive knowledge and capabilities to effectuate significant public policy changes. From 1998 - 2006, Carr held the position of legislative counsel and associate for the Texas Municipal League (TML), representing municipal interests before state and federal legislative, administrative and judicial bodies. From 1994 to 1998, he was the chief committee clerk for two Texas House standing committees — the Committee on State Affairs and the Committee on Land and Resource Management. He also has provided media and issue consulting services for numerous political and public relations campaigns. Carr has been the recipient of many professional and academic awards, including the prestigious James W. McGrew Research Award from the American Society for Public Administration and the Judge Susan Covington Service Award for Pro Bono Legal Work. He also was recognized as a finalist for the American Bar Association's National Appellate Advocacy Competition. Carr earned his J.D. and bachelor's degree in communications from The University of Texas at Austin. Brandon Aghamalian, Partner and Vice President, Business Development Brandon Aghamalian is widely recognized as an expert on local government, transportation, economic development, property tax and cultural arts issues. As the company's vice president of business development and co-founder of the legislative division, his primary focus is representing the needs of local governments before the Texas Legislature while also designing communication and grassroots campaigns. Over the course of his career, Aghamalian has also become a trusted advisor and consultant to business leaders across the state regarding economic development and expansion projects. Prior to joining Focused Advocacy, Aghamalian was a public affairs consultant at HiIICo Partners where he founded the company's local government practice, managing a multi-million dollar practice group. During his time at HiIICo, Aghamalian represented dozens of municipalities before the Texas Legislature and worked with the Texas film and television industries to design and fund a $60 million incentive program. He also successfully managed several projects to secure millions of dollars in tax incentives on behalf of clients expanding facilities or creating new jobs in Texas. Before joining HilICo Partners, Aghamalian was the director of governmental relations for the City of Fort Worth from 2002 to 2006, where he served under Mayor Ken Barr and Mayor Mike Moncrief. While in Fort Worth, Aghamalian represented the city at both the state and federal —197— level, and also served as the liaison to the Texas Municipal League, the National League of Cities and the U.S. Conference of Mayors. Aghamalian previously worked as the chief of staff for then -Rep. Kim Brimer (R -Fort Worth) where he assisted in the passage of HB 1200, the Texas Economic Development Act, which provides incentives for capital -intensive industries to build or expand in Texas. Previous to that, he served as the director for the House Committee on Business and Industry where he helped negotiate a massive overhaul to the state's workers' compensation system (HB 2600) and the state's job training fund. Prior to that, Aghamalian was the Legislative Director for Rep. Todd Smith (R -Euless). From 1993 to 1997, Aghamalian served as the legislative coordinator for the Texas Parent Teacher Association. He has also served as an adviser and fundraiser for several political campaigns. Aghamalian earned his J.D. and master's degree from the University of Texas in Austin, and his bachelor's degree in accounting from Texas State University in San Marcos. Meyers & Associates (Federal Legislative Consultants): Larry Meyers, President Larry Meyers has over 34 years of experience since coming to Washington with then Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and former Secretary of the U.S. Treasury. After four years with the senator, serving as legislative director, he received an appointment in the Carter Administration being named Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. For the last twelve years, he has served as guest lecturer at the National Defense University on the topic of "lobbyists and lobbying." Larry also serves on the Board of Directors of Washington First Bank in Washington, D.C. The Corpus Christi community has retained Meyers & Associates since 1993 and past involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993 and 1995 BRAC processes; protection of the Naval Air Station; Choke Canyon Dam debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes Pipeline; federal funds for the acquisition of the site for the American Bank Center and Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel) authorization and funding. In each case, the firm's work with the members of the Texas congressional delegation representing Corpus Christi were critical to each project's success. The firm also represents Texas A&M University Corpus Christi for the purpose of facilitating federal research dollars to come to the university. -198- August 23, 2011 Focused Advocacy 823 Congress Avenue, Suite 1200 Austin, Texas 78701 ATTN: Mr. Snapper Carr Re: Agreement for Governmental Relations Services Relating to General Legislative and Administrative Matters as Directed by the City Manager Dear Mr. Carr: This will confirm the engagement of Focused Advocacy for providing the governmental relations services of Mr. Snapper Carr, Mr. Brandon Aghamalian, and other resources of the firm, as assigned, before various State agencies and the State of Texas Legislature. Such services will include but not be limited to assisting the City in formulating and executing the City's Legislative Program for the 83`d legislative session, monitoring interim activities of the 82nd Texas Legislature, and other matters as directed by the City Manager. Focused Advocacy will provide the City -Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. The services provided by Focused Advocacy will be performed at a rate of $6,000.00 per month beginning August 1, 2011 and ending July 31, 2012. Expenses are to be itemized and will be limited to reasonable and customary charges. Billing will be submitted monthly to Rudy D. Garza, Intergovernmental Relations Director, and will be payable within 30 days of receipt. Focused Advocacy will notify the Director of Intergovernmental Relations promptly of any conflict of interest between Focused Advocacy's representation of the City and any other interest or client that Focused Advocacy may have. This agreement is exclusive of any other agreement between Focused Advocacy and the City and may be cancelled by either party at any time with 30 days notice to the other party. Please indicate acceptance by signature below and return to the Director of Intergovernmental Relations. Sincerely, Ron L. Olson City Manager ACC PTED: 4 �L/�ilr for Fo u ed Advocacy APPROVED AS TO FORM: CARLOS VALDEZ CITY ATTORNEY Carlos Valdez AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1st day of August 2011. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies These include, but are-not-limited-to,—protection-of-our-military-installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,000.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. c. Such payments will commence in August 2011 and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. —200— 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2011 and continue until July 31, 2012, subject to the provisions for cancellation set out in Section 1(d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. —201— 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. By: By: APPROVED AS TO FORM: CITY ATTORNEY Carlos Valdez CITY OF CORPUS CHRISTI, TEXAS Ron L. Olson City Manager MEYERS & ASSOCIATES Date Sry Meyer MEYERS & ASSOCIATES —202— 18 wyiyu City of ■n1 Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting ofAugust 23, 2011 DATE: August 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Construction Contract: Triple Crown and Citation Drive Area Improvements forthe Base Bid plus Additive Alternate No. 2 PURPOSE. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. BACKGROUND AND FINDINGS: This project supports the City's commitment of providing the public infrastructure necessary for drainage. The project consists of re -grading approximately 500 linear feet of drainage ditch, installing approximately 25 linear feet of 18 -inch diameter reinforced concrete pipe and two Type A curb inlets with wings, two post and drop inlets, extension of 30 -inch diameter and 42 -inch diameter reinforced concrete pipe, pavement repair, construction of concrete rip rap and hydro - mulching or installing matting for the prevention of erosion. Additive Alternate 1 consists of concrete Rip Rap and retaining wall in place of Gabions. Additive Alternate 2 includes erosion matting. On April 13, 2011, the City received proposals from six (6) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid -Additive Alternate 1 Base Bid -Additive Alternate 2 Bridges Specialties Sandia, TX $92,037.36 $19,760.00 $18,147.70 Clark Pipeline Corpus Christi, TX $99,457.47 $11,238.88 $26,058.34 Max Construction Corpus Christi, TX $112,148.75 _ $38,304.00 $23,742.50 ALTERNATIVES: The following alternatives were considered: • Award Base Bid only for $92,037.36 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 for a total of $110,696.35 (Clark Pipeline) • Award Base Bid plus Additive Alternative No. 2 for a total of $110,185.06 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 plus Additive Alternative No. 2 for a total of $129,945.06 (Bridges Specialties) —205— MGM \Storm Water 2314 - Triple Crown and Citation Drive Am9CONSTRUCTIONa2314-Execufive Summary.docx OTHER CONSIDERATIONS: The original project construction budget was $117,000, thus awarding both Additive Alternatives No. 1 and No. 2 exceeded the original construction budget. Additive Alternative No. 1 includes construction of concrete rip rap and headwall at the drainage pipe outfall, an upgrade from the gabion structures included in the Base Bid for scour protectioi. Additive Alternate No. 2 includes providing new erosion control matting within the newly graded drainage ditch. The side slopes on the existing ditch are steeper than the 4:1 side slope typically recommended by the City and were limited due to theexisting available right-of-way width. Installing erosion control matting will minimize the potential for side slope erosion along this steeper ditch section and minimize potential for future maintenance costs. Awarding the Base Bid plus Additive Alternative No. 2 fall within the project construction budget and were recommended to be the best value for the City. FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $144,878.55 Encumbered/Expended Amt. This item $110,185.06 BALANCE $34,693.49 FUNDS (S): Storm Water CIP Comments: Failure to complete project would result in further deterioration of the storm water system in the area and could result in increased costs of repair and property damage. RECOMMENDATION: City staff recommends that the contract be awarded to Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Base Bid plus Additive Alternate No. 2. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2010-11 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Storm Water S:\GEN\Stonn Water\2314- Triple Crown and Citation Drive Are6CONSTRUCTITON\2314 -Executive Summary.docx LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —207- 3:\GEN\Storm Water \2314 - Triple Crown and Citation Drive Are&CONSTRUCTION2314 - Executive Summary.docx PROJECT BUDGET TRIPLE CROWN AND CITATION DRIVE AREA IMPROVEMENTS Project No. 2314 August 23, 2011 FUNDS AVAILABLE: Storm Water CIP (2010-2011) $144,878.55 FUNDS REQUIRED: Construction (Bridges Specialties) $110,185.06 Contingencies $11,018.51 Consultant Fees: Materials Testing $2,203.70 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) In -House Engineering Design Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Inspection Misc. (Printing, Advertising, etc.) Finance Issuance TOTAL $144,878.55 $3,030.09 $8,800.00 $3,856.48 $3,856.48 550.93 1,377.31 ESTIMATED PROJECT BUDGET BALANCE 0.00 -208- \Mproject\councilexhibits\exh2314. d wg CORPUS cs[Rxsst RAY LOCATION MAP NOT TO SCALE FRIO STREET PROJECT SITE PROJECT #2314 / CIP No, St 10 VICINITY MAP NOT TO SCALE Triple Crown and Citation Drive Area Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/23/2011 9 2U9 19 RESOLUTION ENDORSING. AND SUPPORTING THE DEMOLITION OF THE 1914 HISTORIC NUECES COUNTY COURTHOUSE WHEREAS, the 1914 Historic Nueces County Courthouse (the building) was built in 1914 and used as a county courthouse until 1977 when the new courthouse was built; and WHEREAS, several efforts were made to restore the building and adapt it for some other community purpose; and WHEREAS, all rehabilitation efforts have failed thus leaving the building in a deteriorated,_deplorable_and dangerous condition; and WHEREAS, a recent study has concluded that restoration of the building would require financial investment beyond what local government can provide; and WHEREAS,the building , as it stands, constitutes a danger to the public, a blight on the City's landscape, as well as an unappealing sight at the City's front door. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi endorses the idea being proposed by Nueces County to demolish the building. SECTION 2. The City of Corpus Christi supports the efforts of the Nueces County Commissioners Court to demolish the building. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM on the Ie of August, 2011. Carlos Valdez City Attorney -213- Corpus Christi, Texas of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal Leon Loeb John E. Marez Nelda Martinez Mark Scott —214— 20 6i6 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 10, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 PRESENTATION — Bayfront Development Plan, Phase 3 Project: Shoreline Boulevard realignment_ and master schedule update (Project No. 6511) STAFF PRESENTER(S): Name 1. Pete Anaya, P.E. 2. Dan Biles, P. E. 3. OUTSIDE PRESENTER(S): Title/Position Director Assistant Director Department Engineering Services Engineering Services Name Title/Position Organization 1. Carl Crull, P.E. Vice President HDR 2. 3. BACKGROUND: This presentation will update the Council on the Bayfront Development Plan, Phase 3 Project: Shoreline Boulevard realignment and the master project schedule. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation CC: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P. E., Assistant City Manager —217- J:1GEN\STREET\G511 BAYFRONT DEV PLAN PHASE 3\CITY COUNCIL PRESENTATIONS12011-0823 AGENDA COVER AND MEMO PRESENTATION.DOC (VELMAP) 64%, City of 19 Corpus a', Christi Bayfront Development Plan Phase 3 Shoreline Blvd Reconfiguration (Buford to Williams) Placemaking at Destination Bayfront Destination Bavfront-Conus Christi August 23, 2011 City of Corpus Christijiiiir Making Your CBondity Great 2008 Bayfront Development Plan, Phase 3 Bond 2008 15 JJJ O 1- a 70 . , Li,. S. WATER ST w ,c,, 9 N c, HG �. f9 S. SHORELINE BLVD Q Z 51 C.C. COLISEUM SHERRILL PARK 07. McCAUGHAN Bond 08 Budget: $13M Shoreline Blvd. Road Realignment Project Budget: $11.2M Balance: $1.8M 2 Bayfront Development Plan, Phase 3 - Bond 2008 Shoreline Promenade Shoreline Boulevard Festival Space/ Flexible Parking Sherrill Park Old Town Pleasure Garden to - Gateway Square & Park 7 McCaughan Park & McGee Beach Park Avenue Pier The Square of Arts & Culture Bayfront Water Recreation & Education Area Placemaking at Destination Bayfront Destination Bayfront -Corpus Christi November, 2010 inOiCorpus ChristiPrimar Phase 3 Tasks y • Shoreline Realignment (City of CC — Lead Partner) — Finish design of the road & determine how much of the $13 million bond package is available for park amenities • Organizational Structure (Destination Bayfront - Lead Partner) — Create structure that will plan, operate & oversee the park • Master Implementation & Phasing Plan (Destination Bayfront — Lead Partner) — Establish the process for setting priorities, identifying phases, estimating costs, developing operating & maintenance C.ilg ofCorpu Christi (O&M) plan, and identifying funding options, etc... Making Your City Great Bond 2003 4 Average Daily Traffic per Metropolitan Planning Organization • 2000: 38,400 • 2002: 27,300 • 2004: 29,600 • 2008: 18,800 • 2010: 16,700 Potential reasons for decline: construction; rebuilding seawall; detours; construction interference, people may have found alternate routes and not come back, especially with opening of cross town expressway south of Saratoga 5 al, City of ri Corpus a Christi Shoreline Realignment • 5 Realignment Options Evaluated — Original Concept • 5 lanes along existing Southbound right of way (median and protected left turns, some road -side parking) • Estimated Project Cost: $11.2M 4 Lanes, minimized road section width • 4 lanes with roundabouts at Park and Coopers Alley • Estimated Project Cost: $9.6M — Water Street Option 1 • Improve Ocean to Water Street movement, Shoreline to 2 lanes • Estimated Project Cost: $9.2M — Water Street Option 2 • Same as Option 1 with the Water St/Buford Intersection realignment pushed south (less impact to FUMC, more impact to southern properties) • Estimated Project Cost: $10.4M — Water Street Option 3 • Move traffic across vacant parcels north of Shoreline Terrace • Estimated Project Cost: $10.4M City of Corpus Christi Making Your city Grea0(It sond z£i 6 City of WI Corpus Christi. w Shoreline Realignment - 5 Lane Option C.C. COLISEUM! N. SHORELINE B - Project Budget: $11.2M City of Corpus Christi Making Your C13 Btyond Gr20(1£3 City of ri Corpus Christi Shoreline Realignment Minimal 4 Lane Option Legend - New Pavement - Existing Pavement to Remain - Remove Existing Pavement (optional) Sheet 1 ofI a Fa( • New Pavement ' - -Existing Pavement - Remove Existing Pavement {optional) '.,. Sheet 2 of 3 1].R Project Budget: $9.6M Cityo(Corpus Christijiiiir Making Your CBondity Great. 2008 City of WI Corpus Christi. Water Street Options Legend - New Pavement - Replace C&G1Sidewalk - Remove Existing Pavement (optional) • - Proposed Traffic Signal - Overlay Existing Pavement - Existing Pavement to Remain • Shoreline: 2 lane with 2 bike/parking aisles • Water Street: 4 traffic lanes w/ on -street ,,,oco, parallel parking Making Your City Great Bond 2003 City of ri Corpus Christi Water St Option 1 South End Project Budget: $9.2M City of Corpus Christi Making Your City Great Bond2008 10 al, City of ri Corpus _7E, Christi Water St Option 2 South End Project Budget: $10.4M City of Corpus Christijiiiir Making Your CBondity Great 2008 City of Olt Corpus Water St Option 3 South End S , 'r �" AI r , ,, Not r e i% .. f ` sic 4 6 lir or Project Budget: $10.4M City of Corpus Christijiiiir Making Your CBondity Great 2008 12 City of II Corpus 7 Christi Project Schedule City of Corpus Christi Making Your City Great Bond2008 13 2011 2012 2013 2014 >- < Z D J D O~ H> u Z m O O w< Q w O Z❑ -, m w< u. 2 (>- a< Q 2-, z D J C7 D D -> a HE- w O O >0 O z❑ w Z < -r m w u. Q 2 a Q } a 2 Z D J D U~ D w w I— O > U ❑ OO w Z < m w< Q< J Bayfront Phase 3 PHASE CONSTRUCTION PHASE Destination Bayfront AIE Selection Process Master Implementation and Phasing Plan Development Phase 1 Schematic Design City of Corpus Christi Making Your City Great Bond2008 13 City of Corpus a Christi FUNDS AVAILABLE: Bond 2008 Utility Portion (2011 CIP) TOTAL Minimal 4 Lane Option Project Budget $13,000,000 $1,984,000 $14,984,000 FUNDS REQUIRED: Construction (estimated) $6,125,114 Contingencies $612,511 Future NB Pavement Demolition, Right-of-way Requirements $800,000 Consultant Fees: Consultant (HDR)* $1,168,976 Geotechnical and Construction Materials Testing Services (Rock Engineering) $137,815 Reimbursements: $760,500 TOTAL $9,604,916 ESTIMATED PROJECT BUDGET BALANCE * Contract approved by Council on May 18, 2010 $5, 379a;u$4„. 14 ity of Corpus Christi • Questions Bayfront Development Plan Phase 3 City of Corpus Christi Making Your City Great $ond2IXI8 -250-