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Agenda Packet City Council - 02/28/2012
5�1_i e...aY4lV 4! f Naar• =:rt� ...... ... .. . �.. .. ::e;�.�:::a:= :. :ee��:1y!%ii 11:45 A.M. - Proclamation declaring February 28, 2012 as "John P. McGovern Champion of Health Award Winner Mission of Mercy Mobile Medical Program — Corpus Christi" Proclamation declaring March 2012 as "American Red Cross Month" Proclamation declaring March 2012 as "March for Meals Month Swearing -in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 28, 2012 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio pars 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 Philip Douglas, Unitarian Universalist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Kelley Allen Larry Elizondo, Sr. 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 February 28, 2012 Page 2 E. MINUTES: 1. Approval of Regular Meeting of February 21, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Mayor's Fitness Council G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Award of supply agreement for crushed limestone base Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. B1- 0059 -12, based on low bid, for an estimated annual expenditure of $340,600 of which $141,916.67 is required for FY2011 -2012. The term of the Agenda Regular Council Meeting February 28, 2012 Page 3 contract is for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY2011 -2012. (Attachment # 3) 4. Purchase of a valve maintenance machine for Water Department Motion approving the purchase of a valve maintenance machine from E.H. Wachs Co., of Harvard, Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,832.14. Funds have been budgeted by the Water Department in FY2011 -2012. (Attachment # 4) 5. Purchase of a replacement boom slope mower for Storm Water Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, of Sioux Falls, South Dakota in the amount of $106,229.70. 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 FY 2011- 2012. (Attachment # 5) 6. Approval of contract to electronically archive personnel files Motion approving a contract with MCCI, of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY2011- 2012. (Attachment # 6) 7. Acceptance of a grant for compressed natural gas (CNG) of vehicle project a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. (Attachment # 7) Agenda Regular Council Meeting February 28, 2012 Page 4 b. Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project. (Attachment # 7) Council Corporation board appointments (Items 7 &8) 8. Motion appointing Council Members as Board of Directors to the Corpus Christi Corpus Christi Reinvestment Zone No. 3 Board of Directors. (Attachment # 8) 9. Motion appointing Council Member Kelley Alien to the Board of Directors of the Corpus Christi Housing Finance Corporation. (Attachment # 9) 10. Approval of an agreement for a water control structure for Rincon Bayou Motion authorizing the City Manager or designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Inc. for the construction and maintenance of a permanent water control structure on the Rincon Bayou. (Attachment # 10) 11. Approval of amendment to contract with Conrad Blucher Institute (CBI) at TAMU -CC Motion authorizing the City Manager or designee to execute Amendment #1 of the "Rincon Bayou Diversion Project - Salinity and Freshwater Inflow Monitoring" Contract with Conrad Blucher Institute (CBI) at Texas A &M University - Corpus Christi (TAMU- CC). (Attachment # 11) 12. Approval of professional service contract for environmental testing and reporting Motion authorizing the City Manager or designee to execute Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $107,450 for a total amount not to exceed $256,829 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. (Attachment # 12) Agenda Regular Council Meeting February 28, 2012 Page 5 13. Ordinance accepting and appropriating resident share of street hump construction Second Reading Ordinance — Accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 General Fund; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $3,000 each. (First Reading — 2/21/12) (Attachment # 13) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government 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 under Texas Government Code 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 14. Zoning change for property located at 14353 Commodores Drive from residential to commercial Case No. 0112 -02, Asset Development Corporation: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District and "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District- Barrier Island Business, resulting in a change of future land use. The property to be rezoned is an 111.69 -acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7 -14, Block 43, portion out of Lots 6, 8 and 14 and all of Lots 9- 13, and Block 44, portion out of Lots 1, 2, 6 and 7 and all of Lots 3 -5, all in Padre Island - Corpus Christi Fairway Estates, located Agenda Regular Council Meeting February 28, 2012 Page 6 west of South Padre Island Drive (PR22) and south of Commodores Drive. (Attachment # 14) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "CR -2" Resort Commercial District - Barrier Island Business. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application of Asset Development Corporation, LP, on behalf of multiple owners, by changing the UDC zoning map in reference to a 111.69 — acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7 -14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9 -13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3- 5, all in Padre Island- Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, from the "RS -6" Single Family 6 District and "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District — Barrier Island Business, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. (RECESS REGULAR COUNCIL MEETING) K. CITY CORPORATION MEETING: 15. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC): (Attachment # 15) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC) ANNUAL MEETING DATE: Tuesday, February 28, 2012 TIME: During the meeting of the City Council beginning at 12:00 p.m. Agenda Regular Council Meeting February 28, 2012 Page 7 PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Vacant, Vice Pres. Joe Adame Chris Adler Larry FElizondo, Sr. Priscilla Leal David Loeb Nelda Martinez Mark Scott Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treas. 3. Approve minutes from the Board meeting 2011. 4. Treasurer's Report. 5. Election of Officers: President Vice President on May Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 10, 6. Approval of the following resolutions with respect to a new Mortgage Credit Certificate (MCC) program: a. Resolution authorizing the President to file an application for a calendar year 2012 reservation for qualified mortgage bond authority. b. Resolution concerning an - election to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program, Series 2012. 7. Resolution authorizing the acquisition of the parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the payment of approximately $200,000 Agenda Regular Council Meeting February 28, 2012 Page 8 L. from the general account of the CCHFC, and execution of a $135,000 promissory note payable to the City within 18 months. 8. Public Comment 9. Adjournment (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. Approval of transfer of funds for Ward Building expenditures a. Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures. (Attachment # 16) b. Ordinance appropriating $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation and depositing into No, 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures. (Attachment # 16) c. Ordinance appropriating and transferring $578,360.15 from the Fund No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15. (Attachment # 16) d. Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on North Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. (Attachment # 16) Agenda Regular Council Meeting February 28, 2012 Page 9 17. Award of service agreement for temporary staffing services Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with Bid Invitation No. BI- 0186 -11, for an estimated two -year expenditure of $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY2011 -2012. The term of the service agreement is for two years with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. This service will be used by all City departments. Funds are available in the using departments' operating budgets in FY 2011 -2012 and will be requested for FY 2012 -2013. (Attachment # 17) Unique Employment Services Corpus Christi, Texas 26 Line Items $1,995,078.42 Absolute Staffing, L.P. Corpus Christi, Texas 35 Line Items $1,958,937.44 JAT Partners, LLC DBA Remedy Intelligent Staffing Corpus Christi, Texas 19 Line Items $1,159,110.17 Advance'd Temporaries, Inc. Corpus Christi, Texas 60 Line Items $1,623,555.95 Express Employment Professionals Corpus Christi, Texas 2 Line Items $251,586.30 Grand Total: $6,988,268.29 18. Memorandum of Understanding with the Lavaca - Navidad River Authority in regard to Garwood water rights Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca - Navidad River Authority (LNRA) to develop alternatives for the leasing of the Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. (Attachment # 18) 19. Ordinance adding new minimum monthly charge for industrial untreated water customers Second Reading Ordinance - Setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for publication. (First Reading — 2/21/12) (Attachment # 19) Agenda Regular Council Meeting February 28, 2012 Page 10 20. Ordinance executing temporary water sales contract Second Reading Ordinance — Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (First Reading — 2/21/12) (Attachment # 20) M. FIRST READING ORDINANCES: 21. Appropriating funds for American Bank Center repairs and marketing a. First Reading Ordinance - Appropriating $26,124.47 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. (Attachment # 21) b. First Reading Ordinance - Appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures for the American Bank Center; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000. (Attachment # 21) c. First Reading Ordinance Appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. (Attachment # 21) d. First Reading Ordinance - Appropriating $100,000 from unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. (Attachment # 21) { Agenda Regular Council Meeting February 28, 2012 Page 11 N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 22. Approval of professional services amendment for runway safety proiect Motion authorizing the City Manager or designee to execute Amendment #7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. (Attachment # 22) 23. Approval of construction contract for Wooldridge Road Motion authorizing the City Manager or designee to execute a Construction Contract with Grace Paving & Construction, of Corpus Christi, Texas in the amount of $2,719,256.42 for Wooldridge Road from Rodd Field Road to Quebec for the Base Bid (Bond 2008). (Attachment # 23) 24. Approval of construction contract for wastewater lift station main improvements Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in an amount of $353,425.00 for Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements for the Base Bid and Additive Alternate No. 1. (Attachment # 24) 25. Approval of professional . services amendment for downtown street signalization Motion authorizing the City Manager or designee to execute Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $142,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. (Attachment # 25) Agenda Regular Council Meeting February 28, 2012 Page 12 26. Amendment to agreement for red light enforcement program a. Motion authorizing an amendment to the agreement between the City of Corpus Christi, Texas and Redflex Traffic System, Inc. for Photo Red Light Enforcement Program. (Attachment # 26) b. Motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. (Attachment # 26) 27. Special Permit Time Extension for property located at the 17000 block of South Padre Island Drive (Park Road 22) Case No. C1001 -02A, Vista del Mar Irrigation Company: The applicant is requesting a time extension for a previously granted Special Permit. The subject property, Tract 1, consists of approximately 1,230 acres that are located on the south side of the Nueces /Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). (Attachment #27) Planning Commission and Staffs Recommendation: Approval of the request to extend the Special Permit for two (2) years. FUTURE PUBLIC HEARINGS Zoning Cases 28. Zoning change for property located at 2049 Flour Bluff Drive from commercial to industrial Case No. 1111 -01, Bettie L. Barr: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial use to a light industrial use. The property to be rezoned is Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. (Attachment # 28) Planning Commission and Staff's Recommendation: Denial of the change of zoning from "CG -2" General Commercial District to the "IL" Light Industrial District and in lieu thereof approval of a "CG -2" General Commercial District with a Special Permit "SP" subject to five (5) conditions, without resulting in a change Agenda Regular Council Meeting February 28, 2012 Page 13 of future land use from commercial use to a commercial use with a special permit. 29. Zoning change from property located at 7201 Yorktown Boulevard from farm rural to residential Case No. 0112 -01, Yorktown Oso Joint Venture: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - family 4.5 District, resulting in a change of future land use. The property to be rezoned is Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 acres out of Lot 29, south of Yorktown Boulevard and east of Rodd Field Road. (Attachment # 29) Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. 30. Zoning change from property located at 4331 ,South Padre Island Drive from industrial to commercial Case No. 0112 -03, Vishal Hotel, LP: The applicant is requesting a change of zoning from "1L" Light Industrial District to "CG -2" General Commercial District, not resulting in a change of future land use. The property is described as Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. (Attachment # 30) Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "CG -2" General Commercial District. UPDATES TO CITY COUNCIL: 31. Recommendations of the Ethics Commission to amend Article V, Code of Ethics (Attachment # 31) 32. Street Maintenance Funding Plan Overview (Attachment # 32) O. PUBLIC COMMENT ON NON - AGENDA OR AGENDA RELATED MATTERS 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 Agenda Regular Council Meeting February 28, 2012 Page 14 CHAMBER, GIVING YOUR NAME, ADDRESS AND . TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1, MAKE A STATEMENT OF FACTUAL INFORMATION, 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: * Update on City Operations Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entr n e to City Hall, 1201 Leopard Street, at 3 3a p.m., on 'P'22 ,2012. i rrnando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. 1 Present: Mayor Joe Adame MINUTES City of Corpus Christi, Texas Regular Council Meeting February 21, 2012 - 12:00 p.m. Council Members: Chris Adler Kelley Allen Larry Elizondo Priscilla Leal David Loeb John Marez (Arrived at 12:07 pm) Nelda Martinez Mark Scott (Arrived at 12:20 pm) City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Cuthbert Machamire, Christus Spohn Health System and the Pledge of Allegiance to the United States Flag was led by Council Member David Loeb. 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. MayorAdame called for approval of the minutes of the Regular Council meetings of January 31, 2012 and February 14, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Mayor's Fitness Council Rodney Brown(At Large) Christopher Carlile (Veteran's Wellness) Fancy Flores (Disability Networks), Declined appointment Intergovernmental Commission on Drug and Alcohol Abuse Meredith Delano CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 10).There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 21, 2012 Page 2 3. RESOLUTION NO. 029368 Resolution authorizing the submission of a grant application in the amount of $81,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a City match of $14,731.84 and $4,000 in -kind services for a total project cost of $99,920.53; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following voter Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. RESOLUTION NO. 029369 Resolution authorizing the submission of a grant application in the amount of $94,705.39 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the police department's Family Violence Unit with a City match of $47,165.68, and an in -kind match of $7,200 for at total project cost of $149,071.07; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. 5. RESOLUTION NO. 029370 Resolution authorizing the submission of a grant application in the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. 6. RESOLUTION NO. 029371 Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricia Counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. Minutes - Regular Council Meeting February 21, 2012 Page 3 7. RESOLUTION NO. 029372 Resolution adopting training standards for Juvenile Case Managers employed by the City of Corpus Christi, providing for implementation of said standards, and providing for periodic review to ensure implementation of the requisite standards. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. 8. RESOLUTION NO. 029373 Resolution authorizing the City Manager or designee to execute an Interlocal Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) Voluntary Local Government Contributions to Transportation Improvement Projects in the amount of $56,180 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. 9. ORDINANCE NO. 029374 Appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. (First Reading 2/14/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. 10. ORDINANCE NO. 029375 Appropriating $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. (First Reading 2/14/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scott was absent. PUBLIC HEARINGS Mayor Adame referred to Item No. 11, and a motion was made and passed to open the following public hearing: Miguel Saldana, Development Services stated that this item relates to text amendments to the Unified Development Code and includes twenty -one amendments. Mr. Saldana added that the Planning Commission is recommending approval of the text amendments. Mayor Adame asked for comments from the audience. Joanne Gilbertson and Carrie Robertson spoke about the text -3- Minutes - Regular Council Meeting February 21, 2012 Page 4 amendments. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Marez. City Secretary Chapa polled the council for their vote as follows: 11. ORDINANCE NO. 029376 Amending the Corpus Christi Unified Development Code by revising and abbreviation term at Subsection 1.11.2; by adding three definitions to Subsection 1.11.3; by revising Table 3.1.7.A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice requirements; by revising Subsection 4.2.8.C, and adding 4.2.8. D.4, 4.2.10 and 4.2.11, and revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B and 5.3.2.C, and deleting 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs; by adding Subsection 8.2.1.G.7 relating to cul -de -sacs; by adding Subsection 8.2.9 relating to dead end mains; and by revising 8.5.1.B and 8.5.2.B relating to the payment of fees; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; and providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Allen, Elizondo, Loeb, Marez, Martinez and Scott voting "Aye "; Leal was absent. REGULAR AGENDA Mayor Adame referred to Item No. 12. City Manager Olson stated that this item is for confirmation of Floyd Simpson as Police Chief. He stated that he will begin employment with the City of Corpus Christi Police Department on March 12, 2012. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 12. MOTION NO. M2012 -037. Motion confirming the City Manager's appointment of Floyd D. Simpson as Police Chief. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Loeb, Marez, Martinez and Scott, voting "Aye "; Leaf was absent. Mayor Adame referred to Item No. 13. Fire Chief Robert Rocha stated this item allows for the submission of an application to the Department of Homeland Security for funding of 27 firefighters. Mayor Adame asked for comments from the audience. Carlos Torres spoke in support of the grant funding application. City Secretary Chapa polled the council for their votes as follows: 13. RESOLUTION NO. 029377 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $2,464,533 to the United States Department of Homeland Security - Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 27 additional firefighters within the Fire Department and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. —4— Minutes - Regular Council Meeting February 21, 2012 Page 5 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. MayorAdame referred to Item No. 14. Dan Biles, Interim Director of Engineering stated this item relates to awarding a contract for the Williams Drive Phase 3 improvements. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 14. MOTION NO. M2012 -038 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $959,995 for Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. The foregoing motion was passed and approved with the following vote: Adame, Adler, Alien, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". MayorAdame referred to Item No. 15. Fred Segundo, Director of Aviation stated this item is awarding a consultant contract to Trillion Aviation for one year with options for four one -year renewals. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 15. MOTION NO. M2012 -039 Motion authorizing the City Manager or designee to execute a contract with Trillion AV LLC, of Austin, Texas for Aviation Business Consultant Services with effective date February 1, 2012, with term of one year, with options to extend for up to four additional one -year terms, with first year fee not to exceed $90,000, based on Statement of Work, of which the fee for the first six months of that first year shall not exceed $60,225, based on Statement of Work. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". FIRST READING ORDINANCE MayorAdame referred to Item No. 16. Dan Biles, Interim Director of Engineering stated this item is appropriating funds for speed hump installation. MayorAdame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE. First Reading Ordinance — Accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 General Fund; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $3,000 each. Minutes - Regular Council Meeting February 21, 2012 Page 6 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, and Martinez voting "Aye "; Scottwas absent. Mayor Adame referred to Item No. 17. Gus Gonzalez, Director of Water stated that Items 17 and 18 are related. He added that Item 17 sets a new rate for the sale of untreated water and Item 18 authorizes the City Manager to execute a temporary raw water sales contract with Formosa Plastic. Council Member Martinez noted that on Page 161 of the Agenda Book, the background and findings section of the agenda memorandum refers to a numeric percentage which should read 50% instead of 40 %. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 17. FIRST READING ORDINANCE Setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 18. FIRST READING ORDINANCE Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 19 - 33). Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on item Numbers 28 through 33. 19. Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. BI- 0059 -12, based on low bid, for an estimated annual expenditure of $340,600 of which $141,916.67 is required for FY2011 -2012. The term of the contract is for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY2011 -2012. 20. Motion approving the purchase of a valve maintenance machine from E.H. Wachs Co., of Harvard, Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,832:14. Funds have been budgeted by the Water Department in FY2011 -2012. 21. Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, of Sioux Falls, South Dakota in the amount of $106,229.70. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This —6— Minutes - Regular Council Meeting February 21, 2012 Page 7 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 FY 2011 -2012. 22. Motion approving a contract with MCCI, of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY2011- 2012. 23.a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office fora compressed natural gas vehicle project and to execute all documents necessary to implement the grant. 23.b. Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural .gas vehicle project. 24. Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 3 Board of Directors. 25. Motion authorizing the City Manager or designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Inc. for the construction and maintenance of a permanent water control structure on the Rincon Bayou. 26. Motion authorizing the City Manager or designee to execute Amendment #1 of the "Rincon Bayou Diversion Project - Salinity and Freshwater Inflow Monitoring" Contract with Conrad Blucher Institute (CBI) at Texas A &M University- Corpus Christi (TAMU -CC). 27. Motion authorizing the City Manager or designee to execute,Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $107,450 for a total amount not to exceed $256,829 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. 28, Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with Bid Invitation No. BI- 0186 -11, for an estimated two - year expenditure of $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY2011 -2012. The term of the service agreement is for two years with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. This service will be used by all City departments. Funds are available in the using departments' operating budgets in FY 2011 -2012 and will be requested for FY 2012 -2013. Unique Employment Services Corpus Christi, Texas 26 Line Items $1,995,078.42 Absolute Staffing, L.P. Corpus Christi, Texas 35 Line Items $1,958,937.44 Advance'd Temporaries, Inc. Corpus Christi, Texas 60 Line Items $1,623,555.95 JAT Partners, LLC DBA Remedy Intelligent Staffing Corpus Christi, Texas 19 Line Items $1,159,110.17 Grand Total: $6,988,268.29 Minutes - Regular Council Meeting February 21, 2012 Page 8 Express Employment Professionals Corpus Christi, Texas 2 Line Items $251,586.30 29. Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca - Navidad River Authority (LNRA) to develop alternatives for the leasing of the Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. 30. Motion appointing Council Members to the Board of Directors of the Corpus Christi Housing Finance Corporation. 31. Annual Board Meeting of the Corpus Christi Housing Finance Corporation. 32.a. Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures. 32.b. Ordinance appropriating $330,215.82 in Fund No. 9030 Corpus Christi Housing Finance Corporation to pay for Ward Building expenditures. 32.c. Ordinance appropriating and transferring $578,360.15 from the Fund No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15. 32.d. Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on North Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. UPDATES TO CITY COUNCIL: Mayor Adame referred to Item No. 34, City Business Plans, Plans and Tool. Saundra Thaxton, Interim Assistant of Strategic Management provided an overview of the business plan process and explained the purpose of business planning and the business plan monitoring tool. She added that business plans are prepared for city council goals, city manager work plan and departmental work plans and identified the key elements. MayorAdame referred Item No. 35, Plastic Bag Initiatives. Oscar Martinez, Assistant City Manager provided an overview of the plastic bag initiative and the current statistics. Mr. Martinez discussed the plastic film volumes in our stream; global, national and stateside initiatives; litter index survey including the primary sources of litter; and challenges. He stated that the next step is conducting an online residential survey, plastic bag education campaign and a plastic bag ordinance. Minutes - Regular Council Meeting February 21, 2012 Page 9 PUBLIC COMMENT Mayor Adame called for comments from the audience. The following citizens spoke about the issues related to Plastic Bag Initiatives: Joan Veith; Abel Alonzo; Metro E Students - Carolina Cardenas, Annie Marrow, and Nathaniel Ramirez; John Kelley; Dale McQueen; Carrie Robertson; Hope Malkan; Carolyn Moon; Mark Creider; Dr. Gloria Scott; Stacy Richards; Tony Reyes, also invited the City Council to attend a public meeting sponsored by TXU Energy, titled "Understanding Poverty" on March 3, 2012 at Grace Methodist Church in the Annaville area; Jeff Francis; Penny Falian, also announced that the Girls Scouts of Greater South Texas is celebrating their100'h anniversary and their annual project is to focus on reducing waste in the community; Dale Kinmmoth; George Gardiner; Luz Lumb; Leah Murray; Anastasia Colsi; Adriana Leiva, also read a letter on behalf of Julie Doyle; Nicki Sessorani; Jim Klein; Jamie Gardiner; Mr. Johnson; Rebecca Lyons; Theresa Finch; Daniel Lucio; and Cliff Schlabach. CITY MANAGER COMMENTS City Manager Olson introduced the new Police Chief, Floyd Simpson. Mr. Simpson thanked the Council and excited about being the next Police Chief for the city of Corpus Christi. Mr. Olson announced that Rudy Garza, Assistant City Manager submitted his resignation and that he has accepted a job in San Antonio, Texas. There being no further business to come before the Council, Mayor Pro Tem Adler adjourned the Council meeting at 4:10 p.m. on February 21, 2012. 2 a. AIRPORT BOARD — One (1) vacancy with term to 4- 04 -12. (Since the term ends on 4- 04 -12, it is recommended the appointment be for a new three-year term ending 4-04-15). DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE ***Richard Drilling 04 -04 -12 09 -09 -08 Joseph Wise, Vice Chair 04 -04 -12 04 -18 -06 Adam Nuse 04 -04 -14 04 -13 -10 Donald M. Feferman 04 -04 -14 04 -12 -11 Jesse Olivares 04 -04 -13 11 -08 -05 Rosie Collin 04 -04 -13 04 -13 -10 George B. Richard 04 -04 -14 05 -20 -08 Chad Magill 04 -04 -12 05 -26 -09 Jeffrey Kane 04 -04 -13 04 -13 -10 William McCord 04 -04 -14 04 -13 -10 Ed Hicks, Advisory 04 -04 -12 04 -12 -11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Airport Board is recommending the new appointment of Wayne Squires to ill this vacancy.) INDIVIDUALS EXPRESSING INTEREST: James "Jim" Abram Shawn P. Bodine Self - Employed, Air Traffic Control Consultant. Received an MS in Aviation Management and a BS in Aeronautics. (4/14111) Project Manager, Flint Hills Resources. Received B.S. in Electrical Engineering from Texas A & M University — Kingsville and MBA from University of Utah. Activities include: Project Management Professional; Certified LEED Professional; Class A & B California Contractors License; and P.E. in Texas and other states. Former member of Texas Society of Professional Engineers; Project Managers Institute; Builders Association. (6108111) Vincent E. Doyle Robert Franklin Dana Gunter Kelly Harlan Glenn R. Jones William M. Kramer, Jr. Anthony John Mulheron Joel S. Mumphord Robert C. Pate Retired, Corpus Christi Army Depot. Former Technical Engineer, Pipe and Maintenance Department. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4112111) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University- Corpus Christi. Recipient of Navy and Marine Corps Commendation Medal and Achievement Medal. Currently Serves on the Human Relations Commission. (7115/09) IT Regional Manager, Valero Energy, Inc. Attended College. Private Pilot. Activities include: Metro Ministries. (3115111) Director of Operations/Pilot, Lone Star Overnight. Attended Embry - Riddle Aeronautical University. Activities include: FAA FAAST Safety Team Representative, AOPA Airport Representative, Flight Instructor, Nueces County Republican Party, Girl Scouts of America (troop leader). (5/2111) Community Plans & Liaison Officer, Naval Air Station - Kingsville. Received BS in Business Economics, State University of New York. Retired United States Navy Air Traffic Controller. Activities include: Former Texas Association of Realtors, and Corpus Christi Association of Realtors. Former Transportation Advisory Committee member. (4125111) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4128111) Self - Employed, Attorney. Received a JD from Southern Methodist University School of Law. Certified Public Accountant, Univ. of Texas Graduate School of Business M.P.A. Former State District Judge, 78th Distr. Court and 148th Distr. Court, Airline Transport Pilot. Certified Flight Instructor, Instrument flight Instructor and Multi - Engine flight Instructor. Former Chair of Halo- Flight, Inc. (1/18112) —14- Curtis A. Rock Charles "Chip" Spence Wayne M. Squires Roger Vazquez Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A &M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU -CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (8112111) Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern California and Howard College. (114111) President/CEO, Orion Drilling Co.. Received BS in Petroleum and Natural Gas Engineering from Pennsylvania State University. Activities include:. Del Mar College Foundation Board of Trustees and Exec. Committee President, Texas A &M College Foundation Board of Trustees. Former two -year Member of Conoco Safety Leadership Team. (12120111) 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. (5118111) b. MAYOR'S FITNESS COUNCIL -- One vacancy representing Disability Networks with term to 541 -13. (Appointed by the Mayor with the approval of the City Council) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members.. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. Of the initial members, eight (8) members shall serve a two -year t erm and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE ** *Jane Bell (Disability Network) 5 -11 -13 5 -11 -10 Dr. Charles H. Campbell (Health Care/Med) 5 -11 -12 4 -12 -11 Rodney Brown (At Large) 5 -11 -13 2 -21 -12 Col. Christopher Carlile(Veteran's Wellness) 5 -11 -14 2 -21 -12 Elizabeth Feeney (Corporate Initiatives) 5 -11 -13 6 -28 -11 D. Scott Elliff ( Youth/After School) 5 -11 -13 5 -11 -10 Megan Allen (College/University) 5 -11 -12 11 -08 -11 Rick Hayley (Gov's Liaison), Vice Chair 5 -11 -12 5 -11 -10 Judy Lapointe Jennings (Senior Citizen) 5 -1142 5 -1140 Ken de Koning (Faith Based Partners) 5 -11 -12 11 -08 -11 Grete McBath (Worksite Wellness) 5 -11 -13 ' 5 -1140 Venessa Santos -Garza (Comm. Outreach) 5 -11 -12 5 -11 -10 Wade Spenst (At Large), Chair 5 -11 -13 5 -11 -10 Legend: *Seeking reappointment * *Not seeking. reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service Iimitation INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5114111) Chris Barrows Sarah Lathrop Baugh Victor Betancourt Jessica Engelbrecht Patricia Garcia William M. Kramer, Jr. Jason M. Mcdonel Bryan Mayhood Anthony John Mulheron Maintenance Technician, Anchor Resort Condominiums. Previous owner of exercise studio. Certified as a Master Trainer. Previous certification as a boxing coach. Activities include: organizer of Fitness Festival, a non - profit health and fitness awareness organization. (1/10/11) Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, CaJulien Baptist Church, Junior League and Republican Party. (2125111) Owner, V Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (1106111) Registered Dietitian, National Renal Institute, DSI. Received MS in Nutrition from Case Western Reserve University, a BS in Human Nutrition from Oklahoma State University. Activities include: YMCA, Junior League. (Disability Networks) (1110111) Owner /Manager, Wildfire Enterprises, Inc. Received a BA in Public Relations from Texas State University and an MS in Counseling from Texas A &M University— Corpus Christi. Formerly worked as information specialist, business development and grant writinglintergovemmental relations at TWC, TAMU -CC, CCISD, City of Corpus Christi. Activities include: Texas Association of Partners in Education, Flint Hills Resources Community Action Council, Leadership Corpus Christi Alumni Association, United Way Campaign Chair, former Sister City Committee, Youth Opportunities United and Downtown Rotary Club. (1125111) 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. (6117111) Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12115111) Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University - Corpus Christi. Activities include: Heart Walk Committee. (115111) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5102/11) _17_ Melissa N. Nesmith Raquel G. Richardson Michael Rivera Abel A. Sanchez James Scoville Lloyd Stegernann, M.D. Guy Watts Medical Assistant, Allergy, Asthma, and Dermatology — James Caplin, M.D. Received Associate's Degree in Liberal Arts from Del Mar College, a BS in Biomedical Science Pre - Physician Assistant from Texas A &M University- Corpus Christi, and Emergency Medicine Research Associate from Christus Spohn Memorial Hospital. (1121111) Owner, Brinca! Received MPA from Texas . A &M University - Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (611-7111) Retired. Attended 2 years college. Former employment included General Manager with U.S. Government. Currently volunteers for- Pulmonary Hypertension Association. (12106111) Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Clinic and Golf Marshal at Base. (4112111) President /CEO, YMCA of the Coastal Bend. Received MS in Health Care Administration for Des Moines University (formerly the Univ. of Osteopathic Medicine), and a BA in Leisure Administration from Iowa State University. (Disability Networks) (01125/11) Bariatric Surgeon, Texas Center for Medical & Surgical Weight Loss. Received BS in Biology from Texas A &I University, Kingsville, Medical School at University of Texas Health Science Center — Houston, received M.D., and Residency at University of Texas Health Science Center — San Antonio. (Graduate of Carroll High School — 1987). Former Educator as Physical Science Teacher. Currently Bariatric Surgeon in private practice. Professional Organizations include: Texas Assoc. of Bariatric Surgeons, Obesity Action Coalition, American Society of Metabolic and Bariatric Surgery, American College of Surgeons, American Medical Assoc., Nueces County Medical Society. (1120112) Attorney /Owner, Watts Law Office. Degrees include: AA, BS, MS, BA, JD, Ph.D. Activities include: Del Mar Board of Regents, ran marathons in NYC, Chicago, San Diego, Anchor Beach to Bay, YMCA 300 lb. Bench Press Club, YMCA Ironman, avid snow skier in USA, Europe and New Zealand, Youth Baseball Coach, and Youth Sports Network. (03122111) AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Award of a supply agreement: Crushed Limestone Base CAPTION: RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. BI- 0059 -12, based on low bid, for an estimated annual expenditure of $340,600 of which $141,916.67 is required for FY 201112012. The term of the contract is for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY 201112012. BACKGROUND AND FINDINGS: The crushed limestone base will be used by the Street Department as a subsurface foundation for street maintenance and repair. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. 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: Street Department _21_ FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,045,300.00 $198,683.33 $1,243,983.33 Encumbered / Expended Amount 330,154.44 0.00 330,154.44 This item 141,916.67 198,683.33 340,600.00_ $573,228.89 BALANCE $573,228.89 0.00 Fund(s): General Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON DATE: 02/28/2012 BID TABULATION BI- 00059 -12 CRUSHED LIMESTONE BASE TOTAL $340,6D0.00 $352,070.00 $372,600.00 Martin Marietta Materials San Antonio, TX Vulcan Construction Materials LP Corpus Christi, TX Coast Materials, Inc. Aransas Pass, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1.0 Crushed Limestone Base, Item 247, Type A, Grade 1, City waives the Triaxial Class 1, TX DOT D2 on City Spec.1070: 1.1 F.O.B. City Storage Yard, 5352 Ayers 16,000 Tons $17.85 $285,600.00 $18.50 $296;000.00 $19.40 $310,400.00 Street, Corpus Christi, Texas 1.2 F.O.B.. Job Site, West of Corn Products 1,000 Tons 17.85 ,17,850.00 18.00 18,000.00 19.40 $19,400.00 Road, Corpus Christi, Texas 1.3 F.O.B. Job Site, East of Corn Products 1,000 Tons 18.00 18,000.00 18.42 18,420.00 21.40 $21,400.00 Road to Airline Road, Corpus Christi, Texas 1.4 F.O.B. Job Site, East of Airline Road to include Padre Island in Corpus Christi, 1,000 Tons 19.15 19,150.00 19.65 19,650.00 21.40 $21,400.00 Texas TOTAL $340,6D0.00 $352,070.00 $372,600.00 4 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com Valve Maintenance Machine CAPTION: Recommendation: Motion approving the Ourchase of a valve maintenance machine from E. H. Wachs Co., Harvard, Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,832.14. Funds have been budgeted by the Water Department in FY 2011- 2012. BACKGROUND AND FINDINGS: The valve maintenance machine will be used by the Water Department to turn and perform preventive maintenance on valves installed throughout the water distribution system. Opening and closing these valves on a routine basis improves performance during actual line isolation and water pipeline repairs. ALTERNATIVES: The City currently has a service agreement for water valve inspection, operating and repair program. This machine will be used by City crews to offset the need to contract out this service. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Fiscal Year; 2011 -2012 l Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $155,000.00 J $155,000.00 Encumbered 1 Expended Amount $0.00 $0.00 This item $69,832.14 $69,832.14 BALANCE $85,167.86 $85,167.86 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: FEBRUARY 28, 2012 BUYBOARD CONTRACT #345-10 VALVE MAINTENANCE MACHINE PRICE SHEET E. H. WACHS CO, HARVARD, ILLIONES ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1 Value maintenance machine mounted on 7,000 GVWR utility trailer with 27 HP Kohler engine, hydratic pump and extended reach hydralic excerciser. 1 LOT $69,832.14 $69,832.14 TOTAL $69,832.14 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 2/28/2012 Ronald L. Olson, City Manager Michael Ban-era, Assistant Director of Financial Services mikeb @cctexas.com 361 - 826-3169 Purchase of a boom slope mower CAPTION: RECOMMENDATION: Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, of Sioux Falls, South Dakota, in the amount of $106,229.70. 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 inFY11 /12. BACKGROUND AND FINDINGS: The Storm Water Department is responsible for mowing and maintaining approximately 1,912 acres of right -of- way (ROW) - - -- Nine hundred and seventy -four (974) acres of unimproved street ROW mowing, 782 acres of major ditch ROW mowing, and 156 acres of improved street ROW mowing. Approximately 48% is maintained by City forces. The mower will be used by Storm Water to mow major drainage ditches throughout the City. The tractor is equipped with a specialized boom arm that allows for the mowing of 25- to 30 -foot deep ditches. This unit is a replacement to the fleet. The expected life for a boom mower tractor is eight years. The unit it will replace had been in service for twelve years, with maintenance repair costs of $89,264 paid during the last three years. ALTERNATIVES: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $107,000.00 0.00 $107,000.00 0.00 Encumbered / Expended Amount 0.00 0.00 This item 106,229.70 0.00 106,229.70 $ 770.30 BALANCE $ 770.30 0.00 Fund(s): Storm Water Fund Comments: NIA RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: 02/28/12 ITEM DESCRIPTION QTY. PRICE SHEET BUYBOARD CONTRACT #373 -11 UNIT TIGER CORPORATION SIOUX FALLS, SOUTH DAKOTA 1. John Deere 6330 JD /4wd/CAB /AIRJ 16X16 creeper gear, mid -mount boom mower w/legal rear stow, includes boom arms, mounting system including extended factory warranty 5 year /5000 hours, "full comprehensive" 6330JD Tractor and extended boom warranty - 3 years. Each Unit Price $106,229.70 Extended Price $106,229.70 Award Total $106,229.70 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resource vasm inec�ia,cctexas. cam 361- 826 -3315 Digital Archiving of Personnel Files CAPTION: Motion approving a contract with MCCI of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed . are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY 2011 — 2012. BACKGROUND AND FINDINGS: The Human Resources Department is responsible for maintaining personnel files for all City employees, current and former, and follows a records retention schedule in accordance with state and City requirements. Current employee personnel files are maintained in the Human Resources Department (space equivalent to four offices), and former employee personnel files are stored in the City Hall basement. The storage, maintenance and retrieval of documents from these files is time and space consuming. It is in the City's best interest to move to digital archiving of these records. Digital archiving will ensure the protection of personnel files regarding security, weathering, and disaster recovery, and reduce staff time needed for maintenance and retrieval, while also freeing up office space. The State Library of Texas has designated digitized records as t acceptable under records retention requirements. This process to digitize records will begin with the development of the archival system framework, and will include scanning all active personnel and benefit files into an electronic archiving system. As records are archived electronically, staff will be able to access records through the system rather than having to search through paper records. This will be of significant benefit to the department when responding, to public information requests. Upon approval of this agreement, MCCI has proposed, the digitization will be completed within three (3) to five (5) months•after receipt of the records. After the paper records have been digitally archived, they will remain in the City's storage for a period of one (1) year, following which the paper records will be destroyed. Funds have been budgeted for this project for FY 2011 — FY 2012. Funding specifically provides the following: -39- • Active Personnel Files -- Roughly 100 boxes • Active Medical Files — 66 boxes • Active Benefit Files -- 70 boxes • Retiree Enrolled in the Health Plan Benefit Files —14 boxes • Shipping • Batch Processing Modules for Laserfiche including maintenance (used to capture and index current personnel documents as they are being processed) • Professional Services (document prep assistance, design of index template) Total: 28, 952.00 19,108.32 20, 266.40 4,053.28 5,000.00 4,825.00 4,700.00 $86,905.00 MCCI has provided this service for numerous other Texas cities, and currently provides digital archiving services for several City departments (City Secretary, Water, Wastewater, Storm Water, and Neighborhood Services). ALTERNATIVES: Continue manual, paper documentation storage, maintenance and retrieval. OTHER CONSIDERATIONS: This will complete electronic archiving of current personnel, medical and benefit files. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Municipal information Systems Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years . TOTALS Line item Budget $164,864 $164,864 66,675 86,905 11,284 Encumbered / Expended Amount 66,675 This item 86,905 BALANCE 11,284 nd {s): General and Risk Administration Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: MCCI Proposal Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -40- 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a municipal corporation ( "City "), and MCC Innovations, ( "Consultant ") effective for all purposes upon execution by the City Manager or City Manager's designee. L SERVICES TO BE PERFORMED. The Consultant agrees to provide professional services to the City of Corpus Christi as described in attached proposal, attached as Exhibit A. The parties agree performance of the work shall commence upon authorization to proceed by the City Contract Administrator. The Director of Human Resources is designated as the City Contract Administrator responsible for all phases of performance and operations under this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to the Contract Administrator. H. FEE FOR SERVICES AND MILESTONE PAYMENTS. Total cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement shall not exceed $88,405.00 based upon fees as set forth in Exhibit A unless authorized by written amendment to this Agreement. Administrator and Consultant shall identify mutually agreed upon project milestones at which time payments shall be due. Payment shall be made within 30 days from receipt of invoice after Contract Administrator's acceptance of Consultant's successful completion of each project milestone. III. EFFECTIVE DATE, TERM, TERMINATION, HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager or his designee ( "Effective Date "). B. The term of this agreement is one year from the Effective date unless sooner terminated in accordance with Subsection C below. This agreement may be extended for up to two (1) additional one year terms upon the written approval of the Contract Administrator, at the same terms and conditions. C. The City may, at any time, with or without cause, terminate this Agreement upon sixty (60) days written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared or stored by the Consultant for the City, at the option of the City, will be delivered to the City. D. In the event of any conflicting terms between this Agreement and Consultant's Proposal, the terms in this Agreement control. IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. V. ASSIGNABILITY. Neither party may assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the other party. VI. INDEPENDENT CONTRACTOR. Consultant shall perform all services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or 2 conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City. VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City Contract Administrator. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. Any subcontractor utilized by Consultant shall be responsibility of Consultant to indemnify as described in Section X below and insure at same levels as required in attached insurance exhibit. . VIII. VENUE AND APPLICABLE LAW. Consultant shall comply with all applicable Federal, State and local laws. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the appropriate district, county, or justice court in and for Nueces County, Texas. IX. WAIVER. No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. X. INDEMNIFICATION. Subject to Consultant's liability being subject to one million dollars, Consultant agrees to indemnify and hold City, its officers, employees or agents ( "Indemnitees ") harmless of, from, and against all claims, lawsuits, demands, actions, damages, losses, costs, liabilities, and expenses, including court costs and attorney fees, for or on account of any injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part ofiConsultant, or any of its agents, servants, contractors, subcontractors, or employees in performance of this Agreement. Subject to Consultant's liability being subject to one million dollars, Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ( "Indemnitees "), from any and all liabilities, losses, damages, or expenses, including court costs and attorney fees, resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents, contractors, or subcontractors while in performance of this Agreement. XI. INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit B. XII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 3 XIII. NOTICES. Notices provided shall be in writing and mailed via first class US Mail, or overnight mail delivery service, addressed as follows: On behalf of the City: City of Corpus Christi Attn: Director of Human Resources P.O. Box 9277 Corpus Christi, TX 78469 -9277 On behalf of the Consultant: 1 MCC Innovations Attn: Donny Barstow PO Box 2235 Tallahassee FL 32316 XIV. DISCLOSURE OF INTERESTS. Consultant shall complete the attached Disclosure of Interest form. XV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. CITY OF CORPUS CHRISTI Ronald L. Olson Date City Manager 2. APPROVED THIS I `l DAY OF t.wc\-1 201X By: 1.473-• Assistant ity Attorney For City Attorney CONSULTANT: MCC Innovations By: f. Name: Donny Barstow Title: President Date: 2 j V lU CORPORATE OFFICE Sales Department -- DIR -SDD -980 PO Box 2235 s Tallahassee, Florida 32316 (800) 342 -2633 • FAX (850) 701 -0715 "Exhibit A" i`Y(CCi ExperienceExpelience Municipal Code Corporation RUSSELL HADDOCK Senior Account Executive 7940 Park Ridge Drive, Fort Worth, TX 76137 (817) 788 -1102 + rhaddock @mccinnovations.com February 9, 2012 Ms. Joan McKaughn Director of Human Resources PO Bos 9277 Corpus Christi, TX Dear Ms. McKaughn: Thank you for speaking with me recently regarding Scanning and Indexing your records and our archiving services for your permanent records. Per our conversation we have included a Proposal for scanning your documents so you have a searchable archived copy of your records. Our Scanning and Indexing service provides many benefits including: ➢ Full Search Features- Your typed documents will be fully searchable through the run -time CD equipped with the Laserfiche software. This powerful searching includes general text searching as well as date searches. Both of these searches can be combined to find documents instantly from your desk versus spending countless hours manually searching through your hard copy records. • Back File Document— one of the consistently growing issues our customers are facing is how to get their documents caught up to a point they can work from a complete "day forward" process within Laserfiche. By outsourcing the scanning of your records for use in Laserfiche with MCC', you'll have access to electronic records much sooner. • Disaster Recovery- By scanning and indexing your documents, you will no longer have to depend on the hard copies for finding information. This can be extremely valuable in the event of a disaster and your records were unobtainable temporarily or permanently. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me on our toll -free number. We appreciate your interest and hope that we will have the pleasure of working with you and serving the City of Corpus Christi. Sincerely, Russell Haddock Senior Account Executive —44— 5 Quotation Sheet D! R -SDD -980 PROJECT SCOPE — All estimates are based on information provided by the client • General Description Department: Document Types: Document Count: • Document Preparation Current Storage Method; Condition of documents: • Image Processing DPI & Color: Indexing Requirements: Optical Character Recognition • Image Output Media: Output & Content: • Material Handling Shipping Logistics: Human Resources Regular size documents up to 11x17 Active Files • Personnel Files— Roughly 100 Boxes • Medical Files -66 Boxes • Benefit Files -70 Boxes • Active Retiree Benefit Files -14 Boxes • Standard estimate is 2,200 images per box • Total estimated image count is 550,000 images Terminated Files: • Personnel Files from 1949 -2006 -200 Boxes • Recently Terminated Personnel Files -96 Boxes • Medical -24 Boxes • Total Estimated Image Count is 704,000 images Miscellaneous Files: • Recruitment -45 Boxes • Discipline /Investigations -29 Boxes • Various Police and Fire Records -31 Boxes • Total Estimated Image Count is 231,000 image Boxes (or will be boxed) Active and recent records in good condition, light document prep required. Many of the older permanent records are in worse condition and would require greater prep and may have a lower image quality. 300 DPI, Black & White Up to 3 Fields Included Removable Hord Drive Laserfiche Briefcase MCC! Pickup and Delivery -45- 6 PROJECT PRICING The Client will furnish MCC' for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. Conversion of Standard Documents up to 11 "x17" in size Prices listed are per image /per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. • 0 - 50,000 images = $0.26 (DIR 6% Discount = $0.2444) • 50,001 - 100,000 images = $0,21 (DIR 6% Discount = $0.1974) • 100,001 - 500,000 images = $0.16 (DIR 6% Discount = $0.1504) • 500,001+ images = $0.14 (DIR 6% Discount = $0.1316) Large Format Documents up to 42" = $1.15 per image Color Documents = $1 per image in addition to regular per image rate The following services are included in this proposal when 350k or more images are scanned at no additional expense: • Up to 2 Days onsite assistance from MCCI Project Manager (Travel Expenses not included) o Document Prep Assistance a Indexing Needs and Template Design o Pre - Scanning Workflow Design Consultations (can be done offsite at client request) o Normal, Non Volume - Discounted cost to client is $2,100 per day • Up to four hours of remote import assistance from MCCI Project Manager a Incorporate scanned work into clients existing file structure o Review completed work o Answer any client questions o Normal, Non Volume- Discounted cost to client is $110 per hour Optional Services for jobs less than 350k images or on an as needed basis: • Remote Import Assistance /Offsite Consultations = $110.00 per hour • Additional On -Site Assistance = Pricing provided on an as needed basis Shipping Expenses: • $10 per box pickup and $10 per box delivery o Not to exceed $2,500 per trip Special notes: The pricing terms listed are in effect for 3 years from signed contract date. At the completion of the 3 year term the agreement can be modified and /or extended as needed, The volume based per image prices are on a per job basis, if the job is broken up into multiple parts the volume pricing must be broken up as well. Reasonable Travel expenses for on -site document prep and consultation will be invoiced at MCCi cost, but not to exceed $1,500 per week of travel. PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on agreed upon deliverables (PhysicalElectronic media, i.e. DVD or Hard Drive). Payment is due within 30 days of City's receipt of a valid invoice after Client's acceptance of MCCi successful completion of each deliverable. MCC, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the City of CORPUS CHRISTI, TX a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES — INDEXING SERVICES Once MCCI has received your documents, the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and /or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the.Client. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your Consultation, MCCI will organize and index your documents. This will enable them to be searched and organized by three different methods. The first method includes organizing your documents in a tree -like folder structure, similar to Windows Explorer. This provides a visual method to store and locate your documents. The second method involves the use of electronic template cards. These templates contain unique information pertaining to that particular document. Once a template layout has been agreed upon, no changes can be made once the job has already been started. The third method includes running a process called optical character recognition (OCR), allowing for full -text indexing and searching capabilities. The OCR process converts printed words into alphanumeric characters dependent upon font and paper quality. This enables each occurrence of an OCR'd word to be searched and retrieved. Microfilm, Maps, Poor Quality, and Handwritten documents will be searchable by keyword index only (via template card ). DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Each scanned image is inspected for quality, legibility, and accuracy. Steps are taken to ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors have been corrected. MCCI cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those discrepancies reported within 90 days after delivery of hard copy materials. DOCUMENT STORAGE. MCC €'s facilities contain secure rooms for hardcopy "work in progress" document storage that are designed to prevent damage from natural disasters, MCCI will arrange for the prompt return of hardcopy documents to the client after completion of scanning with the cost for return shipping not to exceed $2,500.00.. If documents reside at MCCi facilities for a period longer than 90 days after a request for delivery has been made, storage charges will apply. MCCi is not responsible for maintaining permanent archive and accepts no responsibility to loss of electronic data. FUTURE UPDATES. The Client can provide MCCi additional documents after completion of initial project. The updates can be on a schedule, or as desired by the Client. The Client shall forward to MCCI copies of the final documents via e-mail, certified ma €i carrier, or through the MCCi pick up and delivery service (offered in select states only). At each update, the Client may elect to purchase an updated version of their records on electronic media. All copies will be disposed of within 60 days upon completion of work. Original documents will be returned to the Client. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions as laid out here within, MCCI can provide any department in the organization with scanning services for documents other than those described in Section I of the pricing proposal. All costs are volume based and can be provided upon request. MCCI will consult with each department interested in beginning their own Mun €Scan project to determine individual scanning and indexing needs. For further information and instruction regarding this service please contact our Service Bureau Manager. MICROFILM & FICHE CONVERSION SERVICES. MCC' offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MCC' with data to be converted to electronic format. MCCI will extract the images contained on the film /fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non - legible images, or other errors that are not controllable by MCCI. Unless otherwise specified in the project scope, MCCI will index by the roll /card number or unique identifier. 8 LASERFICHE SEARCH ENGINE CD /DVD AND MINIMUM HARDWARE REQUIREMENTS. MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. The Laserfiche version 8 software requires the use of Windows 2000 or higher or Windows XP to access the CD /DVD. PROJECT TIMELINE. MCCI will complete and deliver the project within 90 days after receipt of documents. Should MCCi require additional time, the Client will be notified immediately to determine mutually agreed upon extension. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCI facilities. If the client chooses to utilize MCCi's pick up and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the client chooses to ship via a certified carrier, the client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additionl charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. LASERFICHE SYSTEM CUSTOMERS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting client expectations. In the event partners are used for a project, the management and support of the project Is handled directly by MCCi. However, MCCI shall remain responsible for all acts and omissions of partners. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCI agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. LIMITED LIABILITY. In no event shall MCC €'s total liability to the client exceed $1 million dollars. PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on agreed upon deliverables (Physical electronic media, €.e. DVD or Hard Drive). Payment is due within 30 days of City's receipt of a valid invoice after Client's acceptance of MCCi successful completion of each deliverable. 9 EXHIBIT B INSURANCE REQUIREMENTS I. Municipal Code Corporation ( "MCCI ") LIABILITY INSURANCE A. MCCI must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. MCCI must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. MCCI must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, with applicable policy endorsements 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 waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation required by policy endorsements for all coverages Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. • Personal Injury - Advertising Injury $1,000,000 COMBINED SINGLE LIMIT — $2,000,000 Aggregate AUTOMOBILE LIABILITY including: 1. Owned Vehicles 2. Hired & non -Owned vehicles $1,000;000 COMBINED SINGLE LIMIT Electronic Errors and Omissions $1,000,000 Bailee's Customers Goods Coverage $200,000 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT 500,0001500,0001500,000 10 C. In the event of accidents of any kind, the MCCI must furnish the Risk Manager with copies of all reports of such accidents related to this agreement within ten (10) days of accident. 11. ADDITIONAL REQUIREMENTS A. MCCI must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. MCCI's financial integrity is of interest to the City; therefore, subject to MCCIs right to maintain reasonable deductibles in such amounts as are approved by the City, MCCI shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at MCCI'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 -VI1. 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). MCCI 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. MCCI 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. MCCI 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 11 activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • 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 • 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, MCCI shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend MCCI'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 agreement. F. In addition to any other remedies the City may have upon MCCI'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 MCCI to stop work hereunder, and/or withhold any payment(s) which become due to MCCI hereunder until MCCI demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which MCCI may be held responsible for payments of damages to persons or property resulting from MCCI's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that MCCI's insurance sh'bfl 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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 111. EXCEPTIONS IN MCCI'S INSURANCE COVERAGE A. Section II(B) "Insurance coverage written on an occurrence basis ". - Electronic Errors and Omissions (Professional Liability) is claims made basis. B. Section II(C) — Requested changes in coverage will be subject to underwriting approval. C. Section 11(D) First Bullet — Certificate will only include City of Corpus Christi as an additional insured 12 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered., If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME : MCC Innovations P. O. BOX: 2316 STREET: n/a CITY: Tallahassee FL ZIP: 32316 FIRM IS: 1. Corporation (x ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership m the above named "firm.' Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A NIA 3. State the names of each "board member" of the City of Corpus Christi having an =ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "fum." Consultant Donny Barstow CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld .disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Donny Barstow Title: President (1 }pe or Print) Signature of Certifying Person: _52_ Date: „Z /p y /.20f2— 13 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. ❑Constructively held 0 refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. ❑ f. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. MUNIC -1 OP ID: TB "etc-cwt.'s CERTIFICATE OF LIABILITY INSURANCE DATE (MN/DO/MY) 02/03/12 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER - THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE" AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement {s). PRODUCER 850 -386 -1111 Rogers, Gunter, Vaughn $60_385_3827 Insurance, Inc. 1117 Thomasville Rd. Tallahassee, FL 32303 CONTACT NAME: PRONE FAX IA/C. Na, at), (A/C, No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Safeco Insurance Company 01950 INSURED Municipal Code Corp. Michelle Eagen P.O. Box 2235 Tallahassee, FL 32316 . INsuRERa:Travelers Indemnity Company 01/01/12 INSURER C: Charter Oak Fire Insurance Co. 25615 INSURER Insurance Company DAMAG�TO REtfTEP PREMIS_5 fEe occurrence) INSURER E : ICLAIMS -MADE INSURER F: OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND•CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE DF INSURANCE ADDL INSR SUER MD POLICY NUMBER POLICY EFF JMNI /00/YrfY) POLICY EXP faIMIDD/YYYYL LIMITS C ! GENERAL LIABILITY ]C i COMMERCIAL GENERAL LIABILITY X 1660454M5347C0F12 01/01/12 01/01113 EACH OCCURRENCE 5 1,000,000 DAMAG�TO REtfTEP PREMIS_5 fEe occurrence) $ 100,000 ICLAIMS -MADE X OCCUR MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY I 1 ,IV I: ` LOC PRODUCTS - COMP/OP AGO S 2,000,000 Emp Ben. s 1!2000000 C AUTOMOBILE LIABILITY - X BA8662H91812SEL 01/01/12 01/01/13 - COMBINED SINGLE LIMIT (Ea accident) $ 1,000 ,000 X ,_ _.._ ANY AUTO BODILY INJURY (Per person) 5 ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Pereccident) S $ B X UMBRELLA LIAB EXCESS MB X i OCCUR CUP3296R8981242 01/01/12 - 01/01/13 EACH OCCURRENCE 5 5,000,000 AGGREGATE $ 5,000,000 DED 1 X 1 RETENTIONS 5,000 $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNERJEXECIiTIVE OFFICER/MEMBER EXCLUDED? I (Mandatory In NH) If yea, describe under DESCRIPTION OF OPERATIONS below N/A X 01 WC27777640 01/01/12 01/01/13 _ X , TWTAUS OT- E.L. EACH ACCIDENT $ 500,000 EL, DISEASE EA EMPLDYEE S 500,000 EL. DISEASE - POLICY LIMIT S 500,000 D Professional Liab 105592024 04/01/11 04/01/12 Ech Claim 1,000,000 Aggregate 1,000,00Q DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD lei, Additional Remerka Schedule, fr more space is required) This Certificate is for Proposal Purposes Blanket Additional Insured Owners, Lessees or Contractors CGD10S 04 94 CERTIFICATE HOLDER CANCELLATION CITYCO5 City of Corpus Christi Attn Risk Management Post Office Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 {2010/05) 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo ar -4 - marks of ACORD ist O 0m• 1■.1•=1 0..■ A1•14■MI D i 0 002755 COMMERCIAL GENERAL. LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS; 1. WHO 1S AN INSURED (SECTION II) is amended to Include as an insured any person or organiza- tion (called hereafter "additional insured ") whom you have agreed In a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of 'your work" or your ongoing operations for that addi- tional Insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance - The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This Insurance is excess over any valid and collectible insurance unless you have agreed CC's D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage,,' "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. -55- 7 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Debbie Marroquin debbiem @cctexas.co 361 -885 -6924 Acceptance of Grant Award and authorization to execute agreements for a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project. CAPTION: Item A: Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. Item B: Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project; and declaring an emergency. BACKGROUND AND FINDINGS: In the City's efforts to improve air quality, and reduce fuel emissions, the City of Corpus Christi Gas Department has been awarded $100,000 by the State Energy Conservation Office (SECO) to oversee the conversion of fifteen fleet conversions, five heavy duty and ten light duty vehicles to compressed natural gas (CNG), The conversion cost per heavy duty vehicle is $52,753.15 with a grant award of $10,000. These vehicles are lease purchased. The conversion cost per light duty vehicle is approximately $12,000 with a grant award of $5,000. These vehicles are from the Wastewater, Storm Water and Gas Departments. Due to timing constraints, the grant application was submitted prior to being reviewed by City Council. ALTERNATIVES: Out of the fifteen designated vehicles, the five heavy duty vehicles would have been purchased to run on CNG without the grant. However, the Wastewater Department would not have realized the savings of $50,000. The ten Tight duty vehicles would continue to run on gasoline or diesel. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City Council approval is required for acceptance of grant and appropriation of grant funds. EMERGENCY 1 NON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Legal Department Finance - Federal Grants Office of Management and Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (GIP only) Current Year _Future Years TOTALS Line Item Budget $21,000.00 $21,000.00 Encumbered / Expended Amount This item $149,000,00 $149,000.00 BALANCE - $170,000.00 $170,000.00 _ Fund(s): Gas Department Grant Gas Department Operating Budget Storm Water Department Operating Budget Reserve for Fleet Replacement RECOMMENDATION: Approve the agenda item as requested by staff. LIST OF SUPPORTING DOCUMENTS: Resolution /Ordinance ($100,000) ($14,000) ($7,000) ($49,000) Approvals: EIizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 6, 2012 Eliza •- R. Hundley Assis . t City Attorney for the City Attorney Joe Adame Mayor Eiires304 SECO CNG Conversion Grant revel 20120206 Page 1 of 2 —61— Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EFires304 SECO CNG Conversion Grant revd 20/20206 Page 2 of 2 —&2— Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $100,000 from the State Energy Conser- vation Office is appropriated in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project. Additionally, funds in the amount of $49,000 are appropriated from the Reserve for Fleet Maintenance Fund No. 5110 and transferred and appropriated into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2012. ATTEST: , CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 14, 2012 Eliz;•' -th R. Hundiey Assistant City Attorney for the City Attorney EHord352 revd2 SECO CNG Conversion Grant 20120214 Joe Adame Mayor —63— Page 1 of 2 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord352 revd2 SECO CNG Conversion Grant 20120214 Page 2 of 2 —64— 8 AGENDA MEMORANDUM For the City Council Meeting of February 28, 2012 DATE: TO: FROM: CAPTION: February 22, 2012 Ronald L. Olson, City Manager Armando Chapa, City Secretary armandoc@cctexas.com 826 -3105 Appointments to the City's Tax Increment Reinvestment Zone No. 3, City of Corpus Christi PURPOSE: Motion appointing City Council members as Board of Directors to the Corpus Christi Reinvestment Zone No. 3 Board of Directors. To continue the process of developing the TIRZ No. 3 Board, whose purpose is to create a source of revenue for future downtown improvements. BACKGROUND and FINDINGS: The Corpus Christi City Council held a public hearing on December 9, 2008 on the creation of the Corpus Christi Reinvestment Zone No. 3 and passed the necessary ordinance on first reading. Second reading of the ordinance was passed by the City Council on December 16, 2008. The next step for the City Council and the other taxing jurisdictions participating in the Reinvestment Zone is to appoint board members of the Zone. The City Council has the authority to appoint up to ten (10) board members. Each of the following taxing jurisdictions may appoint one (1) member or waive their right to appoint a member: • Nueces County • Del Mar College • Corpus Christi Independent School District • Port of Corpus Christi. Authority • Nueces River Authority • Downtown Management District ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: N/A o Not applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: N/A RECOMMENDATION: City Staff recommends that the Council move forward at the Council meeting of February 28, 2012 to appoint the City Council members as Board of Directors in order that the Board may meet as soon as possible to continue the process of developing the funding agreements between the taxing jurisdictions, and establishing a complete board of directors for the reinvestment zone. The other taxing jurisdictions are being asked to either appoint their representatives or to waive their appointments. Staff is recommending the following appointments: Joe Adame Nelda Martinez Mark Scott David Loeb Kelley Allen John E. Marez Priscilla Leal Chris N. Adler Larry Elizondo, Sr, LIST OF SUPPORTING DOCUMENTS: N/A Approvals: N/A AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/9/2012 TO: Ronald L. Olson, City Manager FROM: Oscar R. Martinez, Assistant City Manager, oscarmacctexas.com, (361)826 -3897 Eddie Ortega, Director Neighborhood Services, eddieoCa.cctexas.com, (361)826 -3234 John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation Motion appointing Council Member Kelley Allen to the Board of Directors of the Corpus Christi Housing Finance Corporation CAPTION: Motion appointing Council Member Kelley Allen to the Board of Directors of the Corpus Christi Housing Finance Corporation BACKGROUND AND FINDINGS: The Bylaws of the Corpus Christi Housing Finance Corporation provide that the Directors shall be elected for terms approximately coterminous with the terms of City Council members. Since the Corporation was organized in 1980, the members of the City Council have served as the Board of Directors of the Corporation. ALTERNATIVES: The City Council could appoint other persons to serve as the Board. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board appointments conform to City policy. EMERGENCY 1 NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE und(sl: Comments: RECOMMENDATION: Staff recommends that the City Council appoint Kelley Allen to the Board of Directors of the Corpus Christi Housing Finance Corporation LIST OF SUPPORTING DOCUMENTS: None Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager 10 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 February 13, 2012 Ronald L. Olson, City Mana . er FROM: Gustavo Gonzalez, gustavogo @cctexas. (361) 826 -1874 Construction and Maintenance of a Permanent Water Control Structure on the Rincon Bayou CAPTION: Motion authorizing the City Manager or his designee to execute agreement with Coastal Bend Bays & Estuaries Program, Inc. for the construction and maintenance of a permanent water control structure on the Rincon Bayou. BACKGROUND AND FINDINGS: The Rincon Bayou was constructed in conjunction with the Rincon Pump Station as part of the agreed order with Texas Natural Resource Conservation Commission titled: Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001- 0230 -WR The Rincon Bayou and pump station are designed as a conveyance system to deliver up to 3,000 acre -feet per month of required Reservoir System "pass- though ". In addition to the construction of these facilities, the City is also responsible for the implementation of an on -going monitoring and assessment program designed to facilitate an "adaptive management" program for freshwater inflows into the Nueces Estuary. The delivery of freshwater inflows to the Rincon Bayou via the City's conveyance system has proven to be ecologically beneficial. To ensure the City maximizes water usage, a temporary water control structure was erected, preventing backflow to the Nueces River. The temporary water control structure needs to be replaced with a permanent structure in order to continue preventing backflow. Coastal Bend Bays & Estuaries Program, Inc. has been approved for a grant from the Texas General Land Office — Coastal Management Program for the construction of a permanent water control structure. Because the City of Corpus Christi owns the property, CBBEP is required to establish an agreement with the City for the maintenance of the structure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY 1 NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None _75_ FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue o CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years Budget 0 0 0 _ 0 Encumbered / Expended Amount This item BALANCE 0 z 0 0 0 unats�: Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: CC Coastal Bend Bays & Estuaries Program Water Control Structure Agreement 12022012 Approvals: Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, P.E., Assistant City Manager LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This License Agreement ( "Agreement ") is made this day of , 2012, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, Ronald L. Olson, under Article IX, Section 1, Corpus Christi City Charter, and Coastal Bend Bays and Estuaries Program, Inc. ( "Permittee "), acting through Ray Allen, Executive Director, its duly authorized officer. 1. The City is the owner of the following described real property ( "Property "): A metes and bounds description of the Property and site map are attached to and incorporated into this agreement as Exhibits A and B. 2. The Permittee desires to use the Property for construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River. 3. In consideration of the Permittee's construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River, through a grant from the Texas General Land Office — Coastal Management Program, and Permittee's covenants expressed in this Agreement, the City grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibits A and B, for the purposes stated in paragraph 2 of this Agreement, starting on January 1, 2012 and terminating on December 31, 2031. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager "), giving the Permittee in writing 3 days notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed plans for and a description of its proposed operation and maintenance of the water control structure to the City. D. INDEMNIFICATION. (1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND Rincon Delta CBBEP License 2012.docx —77— HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE 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 ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE - EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS (INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS "HAZARDOUS SUBSTANCE" AND "RELEASE' SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( "CERCLA "), AS AMENDED, AND THE TERMS "SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( "RCRA "), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA Rincon Delta CBBEP License 2012.docx _78_ OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. (3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHER ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH BRINGING THE BROADWAY WASTEWATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in Exhibit C, which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager., Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property may not interfere with the City's water supply operations, including required releases of fresh water into Nueces Bay and the Nueces River Estuary. Any construction or equipment installed by Permittee must be removed by the Permittee and the Property restored to its original condition, if requested by the City, before this Agreement expires. Rincon delta CBBEP License 2012.docx _7g_ G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. H. Permittee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. I. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Failure to do so terminates this Agreement immediately. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. K. Before digging or doing any excavation on the Property, Permittee must verify depth and location of existing Water, Wastewater, Gas, CP.& L., and S.W.B.T. lines, as well as ASCI, KMC, CSW, CAPROCK, and Metro Access Networks (MAN), communication fiber optic cables. Prior to the start of any excavation, the Permittee or Permiitee's Agent must call the Texas One Call System (1- 800 -245- 4545), 1 -800- DIG -TESS and Lone Star Notification Center (1- 800 -669 -8344) for locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. L. Permittee may not begin work without 24 hours prior notice to the C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ESPIRE, KMC, CSW, and CAPROCK, communication fiber optic companies. N. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. O. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). P. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of any improvements made to the Property under this Agreement. A half -day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour. Permittee must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. Rincon Delta CBBEP License 2012.docx —80— 0. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. R. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. S. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits may be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. NOTE: All references herein to Permittee include Permittee's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: \ day of w6-''■-) , 2012 rc�r Lisa AguilarLlssistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES Ronald L. Olson City Manager This instrument was acknowledged before me on , 2012, by Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Rincon Delta CBBEP License 2012.docx Notary Public State of Texas —81— Coastal Bend Bays and Estuaries Program, Inc., the Permittee agrees to keep and perform the conditions and be bound by all of the terms imposed by the License Agreement. Coastal Bend Bays and Estuaries Program, Inc. By: Name: Ray Allen Title: Executive Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me onN.711 /3 , 2012, by Ray Allen, Executive Director, on behalf of Coastal Bend B s and Estuaries Program, Inc., a Texas non - profit corporation. ,,ELIZABETh NOTAitY ANNE HULSE FUB[lc srAYE QF W hn! " OOIOM ex 01-25-2013 Rincon Delta CBBEP License 2012.docx Not Public State of Texas —82— A T ro 0 z �. y. 61 CA Ca 12 � E � 0 c, g. o 407N r I I row n � n 1 r% • Lif if ,--- 3a 0 o { LJ N r a el 4 PIE P 5 e 3 � K E Ct 7 n S 0 N Sri 0a 0R w4 0. o C a 2. zw 6 nO WAn :' a 0) 0 i.t.t 0 Ma P hE 0 t9 ga N C i o rot n zv o Q q E0 4 `g Q a 3p •e 00 0 ro 3' in 7 IV 0 S 0 oa ga 1 0 a 40 0 S 2 a. n O ac o Y ° 9 70 0 oforio .ger 0100 .Q B/� L 8 R fLRgWp 1F3t 67 "1' ""Inv 1 8aa�• 05 L 212 1 —83— 1% q4 655 H460B'4611 11,15052'32V 32V ,4 P 0:::222::: LJ N r a el 4 PIE P 5 e 3 � K E Ct 7 n S 0 N Sri 0a 0R w4 0. o C a 2. zw 6 nO WAn :' a 0) 0 i.t.t 0 Ma P hE 0 t9 ga N C i o rot n zv o Q q E0 4 `g Q a 3p •e 00 0 ro 3' in 7 IV 0 S 0 oa ga 1 0 a 40 0 S 2 a. n O ac o Y ° 9 70 0 oforio .ger 0100 .Q B/� L 8 R fLRgWp 1F3t 67 "1' ""Inv 1 8aa�• 05 L 212 1 —83— STATE OF TEXAS COUNTY OF SANPATRICIO 76.99 Acre Tract Field notes of a 16.99 acre tract of land, being part a 63.60 acre tract of land conveyed to Thomas E. Finch by deed recorded in Volume 43, Page 372 of the Deed Records of San Patrioio County, Texas; Said 16.99 acre tract is comprised of a portion of the Victorian Tares and Pedro Villareal Survey, Abstract 32, is situated in San Patricio County, Texas, approximately 4 miles south of the town of Odern, and is described by metes and bounds as follows: Beginning at a point on the north bank of the Nueces River, in the south line of an 1432.393 acre tract of land previously surveyed, at the west corner of said 63.60 acre tract, and at an exterior corner of a 19.37 acre tract of land previously surveyed, for the southwest corner of this tract; whence the Nueces 2 Triangulation Station (X a 2274474.89, Y = 827041.03) bears N 25° 13' 38" W, a distance of 17,515.55 feet; Thence N 29° 39' 15" E along the northwest line of said 63.60 acre tract, the southeast line of said 19.37 acre tract, and the northwest line of this tract, a distance of 281.84 feet to a 518" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of said 63.60 acre tract, an angle canter of said 19.37 acre tract, and an angle corner of this tract; Thence N 73° 24' 15" E along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north Hoe of this tract,.a distance of 322.22 feet to a 5/8" iron rod with surveyor's cap stamped °RPLS 1907" set for an angle comer of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract; Thence N 87° 54' 15" E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 1464.81 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS I907° set for an angle comer of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract;. Thence S 76° 05' 55" E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 340.85 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 190? set in the west right -of- way line of the Missouri Pacific Railroad and at the southeast corner of said 19.37 acre tract, for the northeast corner of this tract; Thence S 04° 49' 59" W along the west right-of-way line of said Missouri Pacific Railroad and the east line of this tract, a distance of 300.02 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set at the northeast corner of a 36.64 acre tract of land previously surveyed, for the southeast corner of this tract; Thence 5 89° 45' 00" W along the north line of said 36.64 acre tract and the south line of this tract, a distance of 2217.69 feet to the place of beginning, containing 16.99 acres of land, more or less, subject to all easements of record. Bearings and coordinates in this description were determined by a GPS Survey from the Nueces 2 Triangulation Station (X = 2274474.89, Y = 927041.03) NAD 27 Texas South Zone. : -, • 3: Prepared on July 20, 2004, I6989:JF -84- C EXHIBIT C INSURANCE REQUIREMENTS 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, two (2) copies of Certificates of Insurance with applicable policy endorsements, 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 is required on all certificates or by policy endorsement Bodily injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury 8. $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind related to this agreement, Permittee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage —gb- provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee's financial integrity is of interest to the City; therefore, subject to. Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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). Permittee 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. Permittee 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.C. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain orbe 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, with the exception of the workers' compensation and professional liability polices; • 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 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not Tess 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee'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 agreement. F. In addition to any other remedies the City may have upon Permittee's failure to provide and _85._ maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. CBBEP license agreement ins. req.- Rincon Channel 2 -10 -12 ep Risk Mgmt. 11 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: TO: FROM: February 13, 2012 Ronald L. Olson, City Manager Gustavo Gonzalez, Director of Water Ope GustavoGo @cctexas.com 361 -826 -1874 Approval of Amendment No. 1 to the contract between Conrad Blucher Institute and the City of Corpus Christi for the addition of a Watershed Monitoring Program CAPTION: Motion authorizing the City Manager or his designee to execute Amendment No. 1 of the "Rincon Bayou Diversion Project — Salinity and Freshwater Inflow Monitoring" contract with Conrad Blucher Institute (CBI). BACKGROUND AND FINDINGS: In August 2011, the City of Corpus Christi requested a contract with Conrad Blucher Institute (CBI) to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity monitoring stations and one tidal /meteorological station in the Nueces River, Bay, and Rincon Delta. This was necessary to comply with monitoring and data collection required by TCEQ as part of the amendment of the reservoir operating plan to reduce mandatory water releases. The monitoring period for this contract was 12 months, from October 1, 2011 through September 30, 2012. The City is paying a fixed fee not to exceed $92,355 for the services provided by CBI for the aforementioned dates. The City of Corpus Christi Water Department would like to amend the current contract by requesting the introduction of a Watershed Monitoring Program with locations in Nueces River, Oso Creek, and in Corpus Christi. The water level and water quality data acquired from the Watershed Monitoring Program will aid the Water Department in the efficiency of the water treatment process. This will result in monetary savings due to a decrease in costs associated with treatment chemicals. The meteorological data acquired from the program will provide an increased efficiency of water consumption predictions and will also be available for informational use to the public through an interactive Watershed Monitoring website. The website will include real -time data which will be uploaded and available immediately when it is collected. Watershed Monitoring consists of three parts: water quality monitoring, water level monitoring, and meteorological monitoring. Three water quality sites will be located along Nueces River, beginning at Wesley Seale Dam and ending at the Nueces River Pump Station. Parameters monitored will be turbidity, dissolved oxygen, pH, salinity, and conductivity. Water level monitoring will consist of three sites along Oso Creek within city limits and include a device which measures water level. Meteorological monitoring will consist of 12 sites total using a weather gauge to monitor rainfall amounts, rainfall intensity, wind direction and speed, relative humidity, barometric pressure, and temperature. Three sites will be located along Nueces River adjoined with the water quality monitoring equipment, three sites will be located along Oso Creek adjoined with the water level monitoring equipment, and the remaining 6 sites-will be located on Storm Water properties and Water storage tank properties across the city. The cost of the Watershed Monitoring Program is paid in full by the City of Corpus Christi Water Department in the amount of $224,794.00 for the first year of service. Ongoing costs for recurring years, which —91— The cost of the Watershed Monitoring Program is paid in full by the City of Corpus Christi Water Department in the amount of $224,794.00 for the first year of service. Ongoing costs for recurring years, which will also be paid by the Water Department, amount to an estimated $104,694.00 per additional year. This amount is subject to change as rates increase or decrease. Funding for the first year, which is the 2012 fiscal year, is acquired through the Environmental Studies activities (4010- 30220 - 530000) of the Water Fund. The contractual agreement shall occur from March 1, 2012 to February 28, 2013. Funding for additional years will be acquired through the Water Quality activities (401Q-31501-530000) of the Water Fund. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $224,794.00 $224,794.00 BALANCE 1 $224,794.00 $224,794.00 Fund(s): Water Fund Comments: The project construction will take approximately 3 months to start immediately after City approval. Funding for this contract is required annually for a continuous period of time until funding is no longer available or decisions are made to conclude the Watershed Monitoring Program. RECOMMENDATION: City staff recommends the contract amendment between the City of Corpus Christi and Conrad Blucher Institute in the amount of $224,794.00 be approved. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager AMENDMENT No. 1 CITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION PROJECT - SALINITY AND FRESHWATER INFLOW MONITORING: 2011 -2012 CONTRACT FOR SERVICES The City of Corpus Christi, Texas, hereinafter called "City ", and the Conrad Blucher Institute (CBI) at Texas A &M University - Corpus Christi, hereinafter called "CBI ", hereby agree as follows: 1. SERVICES TO BE PERFORMED Section 1. Services to be performed is amended by the additional services to be performed by CBI as follows: CBI will complete and submit required reports for Nueces River Turbidity Monitoring, Oso Creek Water Level Monitoring and Meteorological Monitoring. 11. SCOPE OF SERVICES Section 11. Scope of Services is amended to include the Scope of Services set forth in Exhibit A -1 of this amendment attached hereto. CBI will complete the additional tasks set forth by Section II.A of this amendment as set forth in the research proposal attached as Exhibit A -1. A. TASKS Section 11. A Tasks is amended by the additional set forth herein which CBI will complete under this amendment: Nueces River Water Quality Monitoring CBI will install and maintain water quality stations along the lower Nueces River at the Wesley Seale Dam ( -28° 2'32.21 "N, 97 °52'5.13 "W), Nueces River Estates ( -27 °56'4.71 "N, 97 °48'8.64 "W) and at the Nueces River pump station (-27°52'2.51"N, 97 °37'59.96 "W). These stations will consist of a Hach Hydrolab MS5 datasoride, Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water-Quality stations will provide date to assist the City in more efficiently treating public .water through the monitoring of the water quality, specifically the turbidity, entering the O. N. Stevens Water Treatment Plant. Oso Creek Water Level Monitoring CBI will install and maintain three water level monitoring stations on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca ( -27 °43'18,26 "N, 97 °27'28.55 "W), Weber Rd. near Yorktown Blvd. ( -27 °41'19.82 "N, 97 °25'45.36 "W) and at Staples St. near Oso Pkwy. ( -27 °39'24.89 "N, 97 °24'5.89 "W). These stations will consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and /or -stage height, air temperature, wind speed, C:lUsersUEloyd ppDatalLocallMicrosoft1Windows \Temporary Ent _ 9 ' .'r' ontent. OutloolAtJCNX7YJ41CBIAmdlConfract .doc Page 1 of 5 wind direction, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the City in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring CBI will install and maintain six meteorological stations throughout the City of Corpus Christi at Water Department, Parks and Recreation Department, and Texas A &M University- Corpus Christi properties located at Up River Rd. near Rand Morgan (-27 degrees, 49'55.99 "N, 97 degrees, 33'05.10 "W), Navigation Blvd. near Agnes ( -27 degrees 4717.31"N, 97 degrees 27'7.44 "W), Everhart Rd. and Holly Rd. (-27°42'19.21"N, 97 °23'24.66 "W), Ocean Dr. at Texas A &M University- Corpus. Christi ( -27 degrees 42'53.93 "N, 97 degrees 19143.41"W), S.P.I.D. at Flour Bluff Dr. ( -27 degrees 40'31:73 "N, 97 degrees 17'43.68 "W, Laguna Shores Rd. near Glenoak Dr. (-27°38'2.71"N, 97 °17'20.22 "W), and at Sand Dollar Ave. near Verdemar Dr. ( -27 °37'29.50 "N, 97 °13'11.29 "W). These stations will consist of a Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. Station Service And Maintenance Nueces River Water Quality Monitoring CBI will make regular site visits will be made to each water quality station every three weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the old datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the new datasonde will be recorded. Independent salinity and turbidity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT -PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full inspections will be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Oso Creek Water Level Monitoring The City of Corpus Christi Water Department will conduct regular maintenance to water C:\ User& dlloyd1 Appl DatalLocallMicrosoft\Windows \Temporary Intermit 4iks\ ContenLOutlooklUCNX7VJ4ICBIAmd1 Contract.doc Page 2 of 5 level stations. CBI will make three regular site visits to run levels to each water level station to ensure accurate data is being reported. During a leveling site visit, CBI will use a leveling gun to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be reported from a datum. Leveling site visits in future years will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. During leveling site visits, CBI will make a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. CBI will make up to three emergency site visits to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring The City of Corpus Christi Water Department will conduct regular maintenance of the meteorological stations. CBI will make one site visit to conduct a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. CBI will make up to two emergency site visits to repair damaged station components as needed. Emergency visits will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION CBI will create for each real -time environmental monitoring station its own webpage created within the website htto: / /lighthouse.tamucc.edu. A custom computer program, written by staff at CBI, will poll each station every twelve minutes. During a poll, five measurements will be requested from each instrument and averaged. CBI will place the averages on the CBI database and report those on the station webpage. All data stored in the CBI database is publically available on the internet at httpalliahthouse.tamucc.edu and can be retrieved at any time. CBI staff will perform quality control check (QC) of all real -time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted by CBI as a message on each station's webpage. Instrument Calibration CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will perform calibration, repairs and equipment replacement as recommended by the manufacturer or as set forth by Exhibit A -1. C: lUserailoyd \AppDatalLocallMicrosafi\Windows \Temporary inteog i!^^"'- ntent. OutlooklUCNX7YJ4 1CBIAmdlContract.doc Page 3 of 5 Replacement Parts and Equipment TAMUCC owns and insures the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the City will make funding available for replacement or repair of instruments subject to appropriation. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the City to replace needed components. Collaborative Monitoring CBI will make data gathered as a result of this amendment available to City and Nueces River Authority and other agencies. This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the City Water Department and the Nueces River Authority (NRA). The CBI will work with staff at the City Water Department and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will support those efforts. B. RESEARCH PLAN AND METHODS The specific research plan and methods for this amendment are set forth in the Research Contract Proposal incorporated as Exhibit A -1 of this contract. C. ORDER OF SERVICES The monitoring period of this amendment will be for 12 months, from March 1, 2012 through February 28 2013. 111. FEES AUTHORIZED Section III. Fees Authorized is amended to read: The City will pay CBI an additional fixed fee not to exceed $224,794.00 for providing all services included in this amendment during the term of March 1, 2012 through February 28, 2013. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II of this amendment. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget attached as Exhibit B. Invoices will be sequentially numbered for each project, state the project, name (Rincon Bayou Diversion Project Salinity and Fresh Water Inflow Monitoring — 2011- 2012), Task (Nueces River Water Quality Monitoring, Oso Creek Water Level Monitoring or Corpus Christi Meteorological Monitoring) and City project number (8443). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. —96-� K:IEngineering DataExchangelKevinSIGENIWATER18443RINC -.. 1 r- <u121CBIAmdlCuntract.doc Page 4 of 5 Budget All other terms and conditions of the contract August 30, 2011 approved by Motion No. 2011 -187 between the City and CBI will remain in full force and effect. CITY OF CORPUS CHRISTI By: Oscar Martinez Date Assistant City Manager ATTEST: TEXAS A &M UNIVERSITY - CORPUS CHRISTI City Secretary Date APPROVED AS TO FORM: Assistant Ci Attorney Date RECOMMENDED: Daniel Biles, P. E. Interim Director Engineering Services Gustavo Gonzalez, P.E. • : to Director of Water Resources rry L ,oyd Principal Investigator By: Date 2•/•12 Autho zed Representative Date Dr. Luis Cifuentes unite Vp Research & Dean Of Graduate Studies Title _97_ K:IEngineering DataE= xchangelKevinS1GENIWA "rERIFtINCON121) i 1- zu12 «DAAmdlContract.doc Page 5 of 5 FEES 2011- 2012 FEES Amendment No. 1 TOTAL Salaries & Benefits 60,181.00 85,860.00 146,041.0 0 Equipment/Maintenanc e 11,350.00 63,640.00 74,990.00 Travel Pool 7,175.00 5,541.00 12,716.00 Supplies 1,800.00 38,800.00 40,600.00 Other Expenses 14,100.00 14,100.00 Indirect 11 849.00 16854.00 28.703.00 Total 92,355.00 224,795.00 317,150.0 0 All other terms and conditions of the contract August 30, 2011 approved by Motion No. 2011 -187 between the City and CBI will remain in full force and effect. CITY OF CORPUS CHRISTI By: Oscar Martinez Date Assistant City Manager ATTEST: TEXAS A &M UNIVERSITY - CORPUS CHRISTI City Secretary Date APPROVED AS TO FORM: Assistant Ci Attorney Date RECOMMENDED: Daniel Biles, P. E. Interim Director Engineering Services Gustavo Gonzalez, P.E. • : to Director of Water Resources rry L ,oyd Principal Investigator By: Date 2•/•12 Autho zed Representative Date Dr. Luis Cifuentes unite Vp Research & Dean Of Graduate Studies Title _97_ K:IEngineering DataE= xchangelKevinS1GENIWA "rERIFtINCON121) i 1- zu12 «DAAmdlContract.doc Page 5 of 5 18 January, 2012 The statements of work covered herein are submitted to the City. of Corpus Christi for consideration as an amendment to Project No. 8443. The statement of work is intended to support the objectives of the City of Corpus Christi Water Department (CCWD) and is to be considered as an addition to the work currently being carried out under Project No. 8443. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M. University Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to install and maintain environmental monitoring stations in the Nueces River, Oso -Creek and within the City of Corpus Christi. PROPOSED SCOPE OF WORK FOR NUECES RIVER WATER QUALITY, -OSO. CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLO,OICA_L MONITORING: 2012 -2013 SUMMARY Twelve real -time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated - unit and • factory recommended maintenance of water level and meteorological monitoring instrumentation. All monitoring stations will report air temperature,' wind speed, wind direction, liquid precipitation, barometric pressure and relative. humidity: In addition to- these parameters, water level stations will report water level and/or stage height. and water quality stations will report water temperature, salinity, conductivity, pH, dissolved . oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (htta: / /liahthouse.tamucc.edu) within one hour of the time data were collected. This proposal covers installation of stations and maintenance for a period of 1 year. RESEARCH OBJECTIVES - Nueces River Water Quality Monitoring Three water quality stations will be installed along the lower Nueces River atthe Wesley Seale Dam ( -28° 2'3211"N, 97'5215.13"W),. Nueces River Estates (-27°56'4.71"N, 97 °48'8.64'W) and at the Nueces River pump. station (-27 °52'2.51 "N, 97 °37'59.96 "W). These stations will consist of a Hach Hydrolab MS5 datasonde, .Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, . air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water. Quality stations will assist the CCWD in more efficiently treating public water through Exhibit A -1 Page 1 of 5 the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. - Oso Creek Water Level Monitoring Three water level monitoring stations will be installed on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca ( -27 °4318.26 "N, 97 °27'28.55 "W), Weber Rd. near Yorktown Blvd. ( -27 °41'19.82 "N, 97°25'45.36'W) and at Staples St. near Oso Pkwy. ( -27 °39'24.89 "N, 97 °24'5.89 "W). These stations will consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and/or stage height, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the CCWD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring CBI will install and maintain six meteorological stations throughout the City of Corpus Christi at Water Department, Parks and Recreation Department, and Texas A &M University- Corpus Christi properties located at Up River Rd. near Rand Morgan (-27 degrees, 49'55.99 "N, 97 degrees, 33'05.10 "W), Navigation Blvd. near Agnes ( -27 degrees 4717.31"N, 97 degrees 27'7.44 "W), Everhart Rd. and Holly Rd. ( -27 °4219.21 "N, 97 °23'24.66 "W), Ocean Dr. at Texas A &M University- Corpus Christi ( -27 degrees 42'53.93 "N, 97 degrees 19'43.41 "W), S.P.I.D. at flour Bluff Dr. (--27 degrees 40'31.73 "N, 97 degrees 17'43.68 "W, Laguna Shores Rd. near Glenoak Dr. ( -27 °38'2.71 "N, 97 °17'20.22 "W), . and at . Sand Dollar Ave. near Verdemar Dr. (--27 °37'29.50 "N, 97°1311.29"W). These stations will consist of a Vaisala WXT -520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. STATION SERVICE AND MAINTENANCE. Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station every three weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the old datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the new datasonde will be recorded. Independent salinity and turbidity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT -PTUSP will be replaced every two years as . Exhibit A -1 Page 2 of 5 recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full inspections will be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed an the station's website and publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted by the CCWD. Three regular site visits have been budgeted. by CBI to run levels to each water level station to ensure accurate data is being reported. During a leveling site visit a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be reported from a datum. Leveling site visits in future years will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. During leveling site visits, a full annual inspection will also be made during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted by the CCWD. One site visit has been budgeted by CBI to conduct a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Two emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Exhibit A -1 Page 3 of 5 Each real -time environmental monitoring station will have its own webpage created within the website htte:f /lighthouse.tamucc.edu. A custom computer program, written by staff at CBI, will poll each station every twelve minutes. During a poll, five measurements will be requested from each instrument and averaged. The averages are then placed into the CBl database and reported on the station webpage. All data stored in the CBI database is publically available on the intemet at http: / /lighthouse.tamucc.edu and can be retrieved at any time. CBI staff performs a quality control check (QC) of all real -time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. All datasondes brought back from the field will have photographs taken of the sensors to document the amount of biofouling. The instruments will then be post - calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post - calibration records will be available on the CBI website httl :111ighthouse.tamucc.edulcalib. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair /refurbishment to damaged components on the instruments and an annual quality check. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT -520 Weather Transmitter The Vaisala WXT -520 weather transmitter does not require a regular calibration. However, the replacement part WXT -PTUSP contains calibration data and will be replaced every two years as per manufacture recommendation for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. Exhibit A -1 Page 4 of 5 REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and insures the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, . the CCWD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCWD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCWD and the Nueces River Authority (NRA). The CBI will work with staff at the CCWD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND. FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A &M University — Corpus Christi hereby agrees for the duration of one year (1 March, 2012 through 28 February, 2013) to perform all services necessary to install and maintain environmental monitoring stations, as described in this proposal. The budget for 1 March, 2012 through 28 February, 2013 is $224,794 and is enclosed with this proposal. Operation and maintenance invoices will be sent on a quarterly basis. The total award amount will be billed in equal, monthly installments over the 12 month period of this contract. Maintenance, repairs and data collection on all environmental monitoring stations in future years will be approximately $105,000, however, this is subject to change as rates increase or decrease. A new proposal will be provided for each year of ' continuing service before which a more accurate estimate will be submitted. Exhibit A -1 Page 5 of 5 From: 04/22/12 Through: 04/22/13 NAME: Larry Lloyd PROJECT: Nueces River Turbidity Monitoring NWOMONIEBBA RSONNEL (iAMUCC personnel only) Annual % Effort Total Hours EE Benefit % Group P Ins SWL / Hr Amt Requested in whole dollars NAME PROD Role # Months SALARY $ FRINGE $ TOTALS 12.0 0.0% - 17.20% 421.00 $ - $ - $ - RTI 12.0 0,0% - 17.20% 421.00 14,42 $ - $ - $ - Accountant 12.0 0.0% - 17.20% 421.00 20.93 $ - $ - $ - id Technician RTI 12.0 20.0* 416.00 17.20% 421.00 11.00 $ 4,576 $ 1,797 $ 6,373 AD Admtn 12.0 0.0* - i 17.20% 421.00 28.98 $ - $ - $ - Specialist 1 IT 12.0 5.0* 104.00 17.20% 421.00 30.79 $ 3,203 $ 803 $ 4,006 Specialist II IT 12.0 2.5% 52,00 17.20% 421.00 36.12 $ 1,878 $ 449 $ 2,328 Specialist III IT 12.0 5.0* 104.00 17.20% 421.00 23.68 $ 2,463 $ 676 $ 3,139 PM 1 12.0 0.0% - 17.20% 421.00 24.54 $ - $ - $ - RTI 12.0 0.0% - 17.20% 421.00 14.22 $ - $ - $ - RTII 12.0 0 .0% - 17.20% 421.00 18.49 $ - $ - $ - 5urveyor 12.0 0.0% - 17.20% 421:00 39.56 $ - $ - $ - PI 12.0 0.0% 17.20% 421.00 65.86 $ - $ - $ - RTII 12.0 0.0% - 17.20* 421.00 21.00 $ - $ - $ - ncipalInvestigator Mechanic RSII 12.0 12.0 0.0% 20.0% - 416.00 17.20% 17.20% 421.00 421.00 14.99 22.93 $ - $ 9,540 $ - $ 2,651 $ - $ 12,191 RTII 12.0 0.0% - 17.20% 421.00 18.70 $ $ - $ - RSII 12.0 0.0% - 17.20* 421.00 28,13 $ - $ - $ - AD DNROps 12.0 0.0% - 17.20% 421.00 35.74 $ - $ - $ - ministrator I Travel Coord 12.0 5.0* 104.00 17.20* 421.00 18.53 $ 1,927 $ 584 $ 2,511 ministrator I1 RSII 12.0 5.0% 104.00 17.20% 421.00 22.46 $ 2,336 $ 654 $ 2,990 IT 12.0 0.0% - 17.20* 421.00 31.10 $ - $ - $ - RSIII 12.0 0.0% - 17.20% 421.00 34.02 $ - $ - $ - dent (TED Undergrad) Student 12.0 5,0% 104.00 2.90% - 10.00 $ 1,040 $ 30 $ 1,070 dent [TED Undergrad) Student 12.0 0.0% 2.90% - 7.25 $ - $ - $ - 00 Student 12.0 0.0% - 2.90% - - $ $ - $ - 00 Student 12.0 0.0% - 2.90% - - $ - $ - $ - SUBTOTALS 26,963 7,646 34,609 $3,602 AVEL ''-,W..--,.:! ;`R h ?PLIES $10,200 HER EXPENSES $8,000 Id Student Tuition & Fee Remission ter $0 $8,000 [JIPMENT Items with a unit value o $5000 or • reater $18,501 NTRACTUAL $� ion- subcontract work : ubcontract Work 0 0 t',0,, veE .iP -4.r. E w s igU. gw-=:.5"aW -f Wr , .a:,. Y .. _ -a.. ,'o - _ z 4'',."1 4, e F Y l a i t „.1 K ,s., --1 ' $0 NSORTIUM COSTS F&A COSTS at 25% SW fl7xr -',1'.'4, _ mss` '1.- W K ,�j + . ^: i'" A ",'!'410.' b :hS7 9. -103- Exhbit A -1 Page 1 of 3 Detailed Budget From: 04/22/12 Through: 04/22/13 [NAME: Larry Lloyd PROJECT: Oso Creek Water Level Monitoring ;RSONNEL (TAMUCC personnel only) Annual % Effort Total hours EE Benefit Q/o Group Ins p SWL / Hr Amt Requested in whole dollars NAME i PRO! Role I # Months SALARY $ FRINGE $ TOTALS 12.0 0.0% , - 17.20% 421.00 ; $ - $ - $ - RTI 12.0 0.0% - 17.20% 421.00 14.42 $ - $ - $ - Accountant 12.0 0.0% - 17.20% 421.00 20.93 $ - $ $ - eld Technician RTI 12.0 5.8% 120.00 17.20% 421.00 11.00 $ 1,320 $ 519 $ 1,839 AD Admin 12.0 0.0% - 17.20% 421.00 28.98 .$ - $ - $ - Specialist I IT 12.0 5.0% 104.00 17.20% 421.00 30.79 $ 3,203 $ 803 $ 4,006 Specialist II IT 12.0 2.5% 52.00 17.20% 421.00 36.12 $ 1,87B $ 449 $ 2,328 Specialist Ill IT 12.0 5.0% 104.00 1720% 421.00 23.68 $ 2,463 $ 676 $ 3,139 PM 12.0 0.0% - 17.20% 421.00 24.54 $ - $ - $ - RTI 12.0 0.0% - 17.20% 421.00 14.22 $ - $ - RTII 12.0 0.0% - 17.20% 421.00 18.49 $ - $ - $ - rveyor Surveyor 12.0 1.2% 24.00 17.20% 421.00 39.56 $ 949 $ 222 $ 1,171 XXXIODOODDCOOODOCK PI 12.0 0 .0% - 17.20% 421.00 65.86 $ - $ - $ - RTII 12.0 0.0% - 17,20% 421.00 21.00 $ - $ - $ - Mechanic 12.0 0.0% - 17.20% 421.00 14.99 $ - $ - $ - incipal investigator RSII 12.0 5.8% 120.00 17.20% 421,00 22.93 $ 2,752 $ 765 $ 3,517 RTI1 12.0 0.0% - 17.20% 421.00 18.70 $ - $ - $ - RSII 12.0 0 .0% - 17.20% 421.00 28.13 $ - $ - $ - AD DNR Ops 12.0 0.0% - 17.20% 421.00 35,74 $ - $ - $ - Iministrator 1 Travel Coord 12.0 2.5% 52.00 17.20% 421.00 18.53 $ 964 $ 292 $ 1,256 IministratorII RSII 12.0 2,5% 52.00 17.20% 421.00 22.46 $ 1,168 $ 327 $ 1,495 IT 12.0 0.0% - 17.20% 421.00 31.10 $ - $ - $ - RSIII 12.0 0.0% - 17.20% 421.00 34.02 $ - $ - $ - .ident (TBD Undergrad) Student 12.0 4.6% 96.00 2.90% - L 10.00 $ 960 $ 28 $ 988 ident (TBD Undergrad) Student 12.0 0.0% - 2.90% - 7.25 $ - $ - $ - .00 Student 12.0 0.0% - 2.90% - $ - $ - $ - .00 1 Student 12.0 0.0% - 2.90% - - $ - $ - $ - SUBTOTALS 15,656 4,081 19,737 tAVEL $425 '''- 4v3 IPPLIES $10,200 HER EXPENSES $2,000 ad Student Tuition & Fee Remission $0 her $2,000 �{ _cif' -- a ��� -. - n``-. IUIPMENT (Items with a unit value of$5000 or greater) $21,901 INTRACTUAL $0 • Non - subcontract work 0 Subcontract Work 0 INSORTIUMM COSTS _ 3 Yom+ . :32 4 , "FSy' Y y3- RY _ y,5�' _ :.� %a SW .,C s' --- _y .q�, -�l +L. � �' Z � Div ors.» .._,. 4- }_,'A,',y� }.{ & �':e .Fu'r.. . TER ��.: $0 L i %mil Y „1.. gio - _,° dd D ;� ,�...(`'.: sa, .�. , C ah _ R. �'+Tw- '�'ia .✓ - �+� / �µL #�` y .�7�r i!��iYui ;c, Sir `* 49� Sr-i Ave � �, i .� 1 N - _ "04 i„ � �� F&ACOSTS at ksN 0A is 's Ps,-Cf '- ,.� e 25% � -� • yn'- It�- :���n������ -104- Exhibit A -1 Page 2 of 3 Detailed Budget From: 04/22/12 Through: NAME: Larry Lloyd PROJECT: Corpus Christi meterological monitoring 04/22/13 RSONNEL (TAMUCC personnel only) Annual % Effort Total Hours EE Benefit % Group Ens P SWL/ Hr Amt Requested in whole dollars NAME PROD Role # Mouths SALARY $ FRINGE $ TOTALS 12.0 0.0% - 17.20% 421.00 $ - $ - $ XXXXXICOMDCOCODC RTI 12.0 0.0% - 17.20% 421.00 14.42 $ - $ - $ - Accountant I 12.0 0.0% - 17.20% 421.00 20.93 $ - $ - $ - :Id Technician I RTI 12.0 10.0% 208.00 17.20%I 421.00 11.00 $ 2,288 $ 899 $ 3,187 AD Admin 12.0 0.0% - 17.20% , 421.00 28.98 $ - $ - $ - Specialist I IT 12.0 10.0% 208.00 17.20% 421.00 30.79 $ 6,405 $ 1,607 $ 8,012 Specialistll IT 12.0 5.0% 104.00 17.20% 421.00 36.12 $ 3,757 $ 899 $ 4,656 Specialist III IT 12.0 10.0% 208.00 17.20% 421.00 23.68 $ 4,925 $ 1,352 $ 6,277 PM 12.0 0.0% - 17.20% 421.00 24.54 $ - $ - $ - RTI 1 12.0 0.0% - 17.20% 421.00 14.22 $ - $ - $ - RTII 12.0 i 0.0% - 17.20% 421.00 18.49 $ - $ - $ - Surveyor 12.0 0.0% - 17.20% 421.00 39.56 $ - $ - $ - PI 12.0 0.0% - 17.20% 421.00 65.86 $ - $ - $ - RTII 12.0 0.0% - 17.20% 421.00 21.00 $ - $ - $ - Mechanic 12.0 0.0% - 17.20% 421.00 14.99 $ - $ - $ - ncipal Investigator RSII 12.0 10.0% 208.00 17.20% 421.00 22.93 $ 4,770 $ 1,326 $ 6,096 RTII 12.0 0.0% 17.20% 421.00 18.70 $ - $ - $ - RSII 12.0 0.0% - 17,20% 421.00 28.13 $ - $ - $ - AD DNR Ops 12.0 0.0% 17.20% 421.00 35.74 $ - $ - $ - ministrator I Travel Coord 12.0 2.5% 52.00 17.20% 421.00 18.53 $ 964 $ 292 $ 1,256 ministrator II RSII 12.0 2.5% 52.00 17.20% 421.80 22.46 $ 1,168 $ 327 $ 1,495 IT 12.0 0 ;0% - 17.20% 421.00 31.10 $ - $ - $ - RSI11 12.0 0.0% - 17.20% 421.00 34.02 $ - $ - $ - :dent (TBD Undergrad) Student 12.0 2.5% 52.00 2.90% - 10.00 $ 520 $ 15 $ 535 'dent (TBD Undergrad) Student 12.0 0.0% - 2.90% - 7.25 $ - $ - $ - 00 Student 12.0 0.0% - 2,90% - - $ - $ - $ - 00 Student 12.0 0.0% - 2.90% - - $ - $ - $ - SUBTOTALS 24,797 6,717 31,514 AVEL $1,514 PPLIES $18,400 HER EXPENSES • $4,100 ad Student Tuition & Fee Remission $0 tier $4,100 UIPMENT (Items with a unit value of$5000 or greater) $23,238 I FOte ;tt? , -,,, NTRACTUAL $0 don- subcontract work 0 iubeontract Work 0 0 _..r a ll e NSORTIUM COSTS .,13 y? ' Jam .Y. t :„:: " Y . 1,7- . . .. 6 i , - •'ZjrS e .. - r , S ma .*.," .fi:; # '.- ^ ` a R ":7- i I -'°- ,, }i# fi ' r gl&- 'zi - �"- °''j _- Si, rVU S�dy -avu .W"2Y _�4 _ ."�"4� .Sd .��,+,.�,..- '��,'w Jd�.'=�,s. � _,x.�e-,��`�°� -3t?� 25% SW g g i x k �p "" u��+Yias +fir �"- y_t�- :.k�..�, '::- ...,r,w,���gz l �,f4 ^1r.Cxx}'F` --kS "�fi�- .k����.�r."PIREe*gi °ti ff Mi $0 ��_ �adGr�:.}A� �R., °��:F,�Tw.�_,?'3.� I.S�g] ��,$�{.ji' .a =xam�Tir F&A COSTS at .7sasi ° i y 5hu"'�x�'�iz"- ��'�.:ialg., ✓ ^I: '�' T -.:,�; } m $5199 _ -105- Exhibit A -1 Page 3 of 3 Detailed Budget 12 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/3/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb(c�cctexas.com, 826 -3729 Valerie Gray, Director of Storm Water and Street Operations valerieqa,cctexas.com, 826 -1875 Approval of Amendment No. 1 with Rock Engineering & Testing Laboratory, Inc. for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook Road CAPTION: Motion authorizing City Manager, or designee, to execute Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc. in the amount of $107,450.00 for a total not to exceed $256,829.00 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. BACKGROUND AND FINDINGS: The project is located on Kostoryz Road and is in two phases.. Phase 1 is located on Kostoryz Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left approach and turn lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off -site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway and down Brawner Parkway Ditch to Carroll Lane. Hydrocarbon- impacted soil was encountered by Texas Sterling Construction Company, the City of Corpus Christi's construction contractor, while installing utility lines near the intersection of Kostoryz Road and Sunnybrook Road. Forty -four environmental soil borings to termination depths of approximately 20 feet and analytical testing are proposed to be performed along Kostoryz Road to evaluate the extent of impact along the construction path, characterize soil/waste and to prepare the necessary waste characterization forms and manifests in strict accordance with Texas Commission on Environmental Quality (TCEQ) requirements. ALTERNATIVES: Discovery was made during construction. There is no alternative to this proposal for purposes future safe and permitted disposal. OTHER CONSIDERATIONS: This project was approved by the voters November 4, 2008 in the Bond Issue 2008 Package under Proposition —109- No. 1 Street Improvements CONFORMITY TO CITY POLICY: Conforms to statutes regarding qualification and selection process; FY2011 -12 Capital Budget EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,705,000.00 $1,236,400.00 $2,941 ,400.00 Encumbered 1 Expended Amount $12,759,400,00 $12,759,400.00 This item $107,450.00 $107,450.00 BALANCE Fund(s); Streets Bond 2008 Comments: This service ensures compliance with Texas Commission on Environmental Quality (TCEQ) reporting requirements. RECOMMENDATION: City Staff recommend the approval of Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc. for additional environmental testing and reporting. ' LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -110- PROJECT BUDGET KOSTORYZ PHASE 1 AND KOSTORYZ PHASE 2 (CIP 2011-2012) Project No 6489 & 6490 February 21, 2012 FUNDS AVAILABLE: Street CIP Fund (Bond 2008) $6,775,000.00 Combined Utilities (2012-2014) $7,302,600.00 Prior Year CIP (2011) $1,623,200.00 Total Funds Available $15,700,800.00 FUNDS REQUIRED: Construction Contract (Texas Sterling Construction Co.) * $10,244,299.50 Total Change Orders $269,809.86 Contingency (5%). 512,214.98 Consultant Fees: Consultant (Goldston Engineering - a CH2M Hill Company) Basic Svcs $944 1,534,900.00 ,055 9.2%" Geotechnical Services (Rock Engineering) ' 21,000.00 Materials Inspection & Testing (Rock Engineering)* 149,379.00 Materials Inspection & Testing (Rock Engineering) Amendment No. 1 107,450.00 Other Outside Consultants 23,250.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 281,718.24 Construction Inspection 358,550.48 Engineering Services (Project Mgt/Constr MgtfTraffic Mgt) 358,550.48 Finance Issuance 51,221.50 Misc. (Printing, Advertising, etc.) 25,610.75 TOTAL $13,937,954.78 ESTIMATED PROJECT BUDGET BALANCE $1,762,845.22 *Original Construction Contract & Testing Agreement Awarded by City Council on January 25, 2011. **Original Contract for Professional Services Awarded by City Council on April 21, 2009. File : \Mproject councilexhibits\exh6489 &5490c. dwg a CORPS '""r INICRNARCtIAL 1JRPCRT PROJECT LOCATION Phase 2 - Sunnybraok to SRO LOCATION MAP NOT TO SCALE PROJECT SITE Phase ithr Browner Olte�h Off- -Site p�nage PROJECT SITE Phase 2- Kostaryr Rd Sannybraok !o SPIO KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK WITH BRA WNER DITCH OFF -SITE DRAINAGE & PHASE 2 SUNNYBROOK TO SPID (BOND ISSUE 2008) CITY COUNCIL EXHIBIT ARM NT OFPggN EING, d T ENGINEERING SERV ICES PAGE: T of 1 MOM' MIS NMI -112- 13 1st Reading — 2/21/12 2nd Reading — 2/28/12 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: CAPTION: Daniel Biles, P.E., Interim Director of Engineering Services DanB@a cctexas.com (361) 826 -3729 APPROPRIATION FOR SPEED HUMP INSTALLATION Ordinance accepting and appropriating a $3,000 contribution for street hump construction in the No. 1020 General Fund; and changing the Fiscal Year 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures each by $3,000. BACKGROUND AND FINDINGS: The Residential Traffic Management Program is in place to manage, control, and reduce neighborhood traffic. Traffic calming programs are initiated by neighborhood request. Each request is placed on a first come first serve basis. Upon acceptance of the request and speed study completed, a petition is then required from the residents and business owners within the defined area documenting that at least two- thirds of all household adjacent to the project are in support of the installation. There is a cost -share criteria in place to pay for speed hump installations. The study conducted by staff for Rossiter Street concluded that it qualifies for two speed humps between the 300 and 400 block. In the Fiscal year 2011 -2012 there are insufficient funds to execute the installation without the appropriation. This project is currently placed on the! priority list for the upcoming fiscal year but residents have opted to pay the full amount to expedite the speed hump installation. ALTERNATIVES: No Alternatives OTHER CONSIDERATIONS: Mr. Joe Gomez has written a check in the amount of $ 3,000.00 to have the necessary materials and labor required to install the two speed humps on Rossiter Street between South Alameda Street and Santa Fe Street (see location map) as soon as possible. CONFORMITY TO CITY POLICY: The street hump construction is an approved traffic calming project under § 53 -89 of the Code. Street humps will be installed under subsection "e" of § 53 -89. EMERGENCY 1 NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $25,000.00 $25,000.00 Encumbered Expended Amount $22,369.50 $22,369.50 Check Reimbursement $3,000.00 $3,000.00 This item $3,000.00 $3,000.00 BALANCE $2630.50 $2630.50 Fund(s): General Funds Comments: RECOMMENDATION: City Staff recommends the appropriation of these funds in order to install the required speed humps immediately. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager X0.,0 „� St o= Y ; ,..ceF. �a ,,=O G .4P.A . 44 P.v • O Tit . �0�i, 47 KCB' <P y tip 'p 'Ppp4, { - Sp Tr ,r Q s.. c., 0- LE a p Cq, T G'S T PO Z Cyp02� O V liP S S 4J0 if:-. Co ON opf� M �0 ERyr qF 5\ ''C' G �g 0154 � 3� CI,C.' 647'.4C (q9( Op p�), e,5)P�i cis 0 P O 40 ate¢- (9 ROSSITER ST. 300 -400 BLOCK SPEED HUMP LOCATION 5°' SPA Jaa`ac, o 0 oO�y�P 0 (5- $ 00 hp oSrCN y, d s o � QE F �p P a\GP s� Q ¢y ° X 92 CC/ r.P���a� c.Y” 9.0 0E- IltH■■•=.Me mlOw r _ `..wr+i SUBJECT: ROSSITER ST. SPEED HUMPS Traffic Engineering Div. Engineering Services Dept, Page 1 of 2 Ordinance accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 General Fund; changing the Fiscal Year 2011 - 2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $3,000 each. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. An amount of $3,000 in residents' cost share is accepted and appropriated for street hump construction in the No. 1020 General Fund. Section 2. The Fiscal Year 2011 - 2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues and expenditures by $3,000 each. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPRO ED as to for 16 -Feb By: JA' Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 022812 ORD app $3,000 residents' share street hump coast ay 9 Page 2 of 2 The foregoina ordinance was read for the first time and passed to its second reading on this the .l .day of .� � .w� ~ , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler 1" Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, S David Loeb Priscilla G. Leal The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Alien Mark ...Scott .. Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa ' City Secretary APPROVED as to legal form: 16 -Feb -12 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 022812 DRD app $3,000 residents' share street hump construction v.2 — 1-1 g_ 14 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/22/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services); StephenD@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Asset Development Corporation (Case No. 0112 -02) Change from "RS -6" Single - family 6 & "RM -AT' Multifamily Apartment Tourist District to "CR -2" Resort Commercial District - Barrier Island Business CAPTION: PUBLIC HEARING — ZONING Case No. 0112 -02: Asset Development Corporation: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District & "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District — Barrier Island Business, resulting in a change of future land use. The property to be rezoned is an 111.69 -acre tract of and out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7 — 14, Block 43, portion out of Lots 6, 8 & 14 and all of Lots 9 — 13, and Block 44, portion out of Lots 1, 2, 6 & 7 and all of Lots 3 — 5, all in Padre Island - Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive. Planning Commission and Staffs Recommendation (January 18, 2012): Approval of the change of zoning to the "CR -2" Resort Commercial District- Barrier Island Business. BACKGROUND AND FINDINGS: • The subject property contains 111.69 acres for the proposed water park and associated lodging and retail facilities. The proposed water park is an expansion of the tourist industry slated for the east portion of North Padre Island. The proposed water park will provide screening and buffering from the existing single - family residential area to the west. Access to and from the parking lots of the water park will be from South Padre Island Drive (PR 22), a major thoroughfare, from the east; Commodores Drive, a collector, from the north; and Compass Drive, a local street, from the northeast. Commodores Drive and Compass Drive lead out to South Padre Island Drive and not to the residential areas to the west. The proposed tallest structure will be approximately 60 feet in height. The closest single- family residential property is approximately 200 feet to the west. Therefore, impact from the structure heights will have minimum impact on the residential area to the west. It is the applicant's intent to further screen the view from the residential area. K:1 Lega1SHAREDIL .EGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS102- 28- 20121Asset Development Corp, Schlitterbahn102- 02- 12 Asset Development Corp, Agenda Memo, REVISED by EAM.docx -123- City Council Executive Summary Memorandum Asset Development Corporation (Case No. 0112 -02) Page 3 • The change of zoning request to a "CR -2" Resort Commercial -- Barrier Island Business is not consistent with the adopted Future Land Use Plan. However, it is consistent with the tourist industry development trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities. The proposed water park and resort is not anticipated to have a major impact on the existing traffic volumes. In a study done for the Corpus Christi Metropolitan Planning Organization, the morning peak time was identified to be between 7:15 a.m. and 8:15 a.m. The evening peak times were identified to be between 4:45 p.m. and 5:45 p.m. The resort plans on opening its doors at 10 a.m. and closing at 8 p.m.. Both of these times do not conflict with the peak times identified by the study. Therefore, at this phase of the proposed development, a Traffic Impact Analysis is not required. However, an analysis may be required with any future expansion of the resort. • This project could also spur a wide diversity of economic and commercial development projects in the area. Staff supports and recommends approval of this request to rezone these properties from "RS -6 "& "RM -AT" Districts to the "CR -2" Resort Commercial District — Barrier Island Business. ALTERNATIVES: Denial of the change of zoning to the "CR -2" Resort Commercial District - Barrier Island Business. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Mustang -Padre Island Area Development Plan (ADP) slates the subject property for residential, multi - family residential and park uses. The change of zoning request to a "CR -2" Resort Commercial -- Barrier Island Business is not consistent with the adopted Future Land Use Plan. However, it is consistent with the tourist industry development trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A K,1 Legal \SHAREDILEGAL -DEV.SVCS12032 Agenda & NonAgenda12012 AGENDA ITEMS102- 28- 20121Asset Development Corp, 5chlitterbahn102 -02 -12 Asset Development Corp, Agenda Memo, REVISED by EAM.docx -1 2 4- City Council Executive Summary Memorandum Asset Development Corporation (Case No. 0112 -02) Page 3 FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item - BALANCE RECOMMENDATION: Planning Commission and Staff's Recommendation (January 18, 2012): Approval of the change of zoning to the "CR -2" Resort Commercial District - Barrier Island Business. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Planning Commission Minutes (Excerpt) • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K :U egalISHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS102- 28- 20I21Asset Development Corp, Schlitterbabn102 -02 -12 Asset Development Corp, Agenda Memo, REVISED by EAM.docx _125- ZONING REPORT Case No.: 0112 -02 Planning Commission Hearin Date: Januar 18, 2012 Applicant: Asset Development Corporation Representative: Urban Engineering Owner(s): Asset Development, LP , Padre Isles Management Corp., Gabriele Stauder- Hilpold, Trustee, & Yehude Azoulay and Ofer Elisha Legal Description/Location: Being an 111.69 -acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7 —14, Block 43, portion out of Lots 6, 8 & 14 and all of Lots 9 —13, and Block 44, portion out of Lots 1, 2, 6 & 7 and all of Lots 3 — 5, all in Padre Island- Corpus Christi Fairway Estates, located .west of South Padre Island Drive (PR 22) and south of Commodores Drive. From: "RS -6" Single- Family 6 District & "RM -AT" Multifamily AT District To: "CR -2" Resort Commercial District -- Barrier Island Business Area: 111 :69 Acres Purpose of Request: To allow for the development of water park and associated lodging facilities.- c „0 3 b De W Existing Zoning District Elasting Land Use Future Land Use Site "RS -6" Single Family 6 & "RM- AT" Multifamily AT Vacant land & golf course Low- Density Residential & Open space North "RS -6" Single Family, 6 & "RM- 3" Multifamily 3 Vacant land & Condominiums Low- Density Residential & Medium-Density Residential South "RS-6" Single Family 6 & "RS- TF" Two- Family Vacant land & golf course Low - Density Residential & Open space East "RM -3 RM -AT" & "CR -2" Condominiums, Retail centers & Vacant land Medium- Density Residential & Commercial West "RS -6" Single Family 6 Single- family Residential, Vacant land & golf course Low- Density Residential &Open Space Area Development Plan: The subject property is located within the Mustang Padre Island Area Development Plan (ADP) and is planned for continued residential, multi - family residential and park uses. The proposed change in zoning to the "CR-2" Resort Commercial District - Barrier Island Business is not consistent with the Mustang Padre ADP or Future Land Use Map. Map Numhers: 030 -025, 030 -026, 030 -027, 029 - 025, 029 -026, & 029 -027 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the request to a "CR -2" Resort Commercial District - Barrier Island Business is to allow for the construction and operation of a water theme park which includes lodging facilities, This park will be the first phase of a multi- phase master plan development. • Transportation and Circulation: The subject property will have direct access to a major arterial, South Padre Island Drive (PR 22), a collector, Commodores Drive, and a local street, Compass Drive. South Padre Island Drive (PR 22) is a major north to south thoroughfare and the predominate traffic carrier for North Padre Island area. Whitecap Boulevard, located south of the subject property, is designated as a "C2" collector but will not have direct access to the subject property. —126— Case #: 0112-02, SAIng Report Page 2 Street South Padre Island Drive Park Road 22 Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type 100' R.O.W., 100' paved 100' R.O.W., 100' .paved A2 Arterial Traffic Volume 2005 7058 E 6506 W • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth. Although the proposed rezoning is not compliant with the adopted development plans for this area, the request does comply with the long range intentions for the area The development of the water park in proximity to the beaches and favorite fishing spots will reduce the amount of long trips from the main land to the island. The proposed development will also allow boat owners to access the park without traversing local roads. • Comprehensive Plan & Mustang-Padre Island Area Development Plan Consistency: The Comprehensive Plan and the Mustang — Padre Island Area Development Plan (ADP) designates the subject property to be developed with single- family residential uses and open space. Even though the proposed change in zoning is not consistent with the ADP or the Comprehensive Plan, it is consistent with the City's long range intentions of North Padre Island becoming one of the City's tourist attractions. The proposed development is oriented towards the major thoroughfare and buffering from the existing residential area. Plat Status: The subject property consists of various platted lots and portions of other lots. A replat will be . required prior to the issuance of building permits. Department Comments: • The subject property contains 111.69 acres for the proposed water park and associated lodging and retail facilities. The proposed water park is an expansion of the tourist industry slated for the east portion of North Padre Island. The proposed water park will provide screening and buffering from the existing single - family residential area to the west. Access to and from the parking lots of the water park will be from South Padre Island Drive (PR 22), a major thoroughfare, from the east; Commodores Drive, a collector, from the north; and Compass Drive, a Local street, from the northeast. Commodores Drive and Compass Drive lead out to South Padre Island Drive and not to the residential areas to the west. The proposed tallest structure will be approximately 60 feet in height. The closest single -family residential property is approximately 200 feet to the west. Therefore, impact from the structure heights will have minimum impact on the residential area to the west. It is the applicant's intent to further screen the view from the residential area. Zoning Report Case #: 0172-42, Sc1:linerbalm, Page 3 • The change of zoning request to a "CR -2" Resort Commercial - Barrier Island Business is not -_ consistent with the adopted Future Land Use Plan. However, it is consistent with the tourist industry development trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities. The proposed water park and resort is not anticipated to have a major impact on the existing traffic volumes. In a study done for the Corpus Christi Metropolitan Planning Organization, the morning peak time was identified to be between 7:15 a.m. and 8:15 a.m. The evening peak times were identified to be between 4 :45 p.m. and 5 ;45 p.m. The resort plans on opening its doors at 10 a.m. and closing at 8 p.m. Both of these times do not conflict with the peak times identified by the study. Therefore, at this phase of the proposed development, a Traffic Impact Analysis is not required. However, an analysis may be required with any future expansion of the resort. • This project could also spur a wide diversity of economic and commercial development projects in , the area. Staff supports and recommends approval of this request to rezone these properties from "RS -6 "& "RM -AT" Districts to the "CR -2" Resort Commercial District - Barrier Island Business. Staff Recommendation: Approval of the change of zoning from "RS -6" Single - Family 6 District & "BM-AT" Multifamily AT District to the "CR -2" Resort Commercial District - Barrier Island Business. Number of Notices Mailed Total 150 within 200' notification area; 1 outside notification area Favor 7 (inside notification area); 0 (outside notification area) Opposition 1 (inside notification area); 0 (outside notification area) For 0.004% in opposition as of January 18, 2012 Attachments: 1. Site Existing Zoning, Notice Area, & Ownership K:ILEGALLSHARfiD LEOALDEVSVCSL2QI2 AOENDA103- 28- 30I2kASSET DEVELOPMENT CORP, SCHLIrrERHAHN)2 -01 -2U l2, 6112-02 ASST DEVELOPM$MI'CORP, ZONING REPORT REVISED BY BAM.DOC - - -1 2 8 — Vac 71017254 C .-R-4 . RM-A E MAREME SAY JD CASE: 0112 -02 lb. SITE- EXISTING LAND USE Mr Estate Residential Lem Low Density Res. in Med Density Res. i e HHigh Density Res. hE Mobile Home a vacant PM Professional Office B Commercial Light Industrial Heavy industrial Public Semi - Public Park Drainage Conldor Conservatlon/Preservatlon ® Water Map Scale: 1:10000 -129- Ordinance amending the Unified Development Code (UDC), upon application of Asset Development Corporation, LP, on behalf of multiple owners, by changing the UDC zoning map in reference to a 111.69 - acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7-14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9 -13, and Block 44, a portion out of Lots 1, 2, 6 at 7 and aII of Lots 3-5, all in Padre island- Corpus Christi Fairway Estates, located west of South Padre island Drive (PR 22) and south of Commodores Drive, from the "RS -6" Single Family 6 District and "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District - Barrier Island Business, 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, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Asset Development Corporation, on behalf of: 1. Padre Isles Management Corporation, owner of 96.6 acres out of Block 27A zoned "RS -6" and 3.5 acres out of Lot 1, Block 27B zoned "RM -AT', in Padre Island- Corpus Christi Island Fairway Estates; 2. Yehuda Azoulav and Ofer Elisha, owners of Lot 7, Block 41, zoned "RM -AT", in Padre Island- Corpus Christi Island Fairway Estates; 3. Gabriele Stauder- Hilpold. Trustee for The Hilpold Affiliated Companies Trust, owners of Lot 11, Block 41, zoned "RM -AT, in Padre Island- Corpus Christi Island Fairway Estates; and 4. Asset Development. LP, owners of a Portion of Block 26 and Portion of Lot 20, Block 34 all zoned "RS-6"; Lots 8, 9, 10, 12, 13, and 14, Block 41 all zoned "RM-AT"; Portion of Lots 6, 8, and 14 and all of Lots 9 -13, Block 43 and a Portion of Lots 1, 2, 6, and 7, and all of Lots 3 -5, Block 44, all zoned "RS -6"; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 18, 2012, during a meeting of the Planning Commission, and on Tuesday, February 28, 2012, 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: - - --0 - - SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on a 111.69 - acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7 -14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9 -13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3 -5, all in Padre island — Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, as requested by Asset Development, LP on behalf of the four respective owners, 1. Padre Isles Management Corporation, 2. Yehuda Azoulay and Ofer Elisha, 3. Gabriele Stauder - Hilpold, Trustee for The Hilpold Affiliated Companies Trust and 4. Asset Development, LP, whose ownership interests are noted heretofore, from the "RS-6" Single Family 6 District and "RM AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District — Barrier Island Business, (Zoning Maps 030 -025, 030 -026, 030 -027, 029 -025, 029 -026, and 029 -027) (Exhibit A - "Planning Commission and Staff 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. SECTION 3. That the UDC and corresponding UDC 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. KALegeASHAREMEGAt- DEV.SVCS12012 AgendalSchiitierbahn101- 30 -12, 0112 -02 Asset Development Corp, RS -6 and RM-AT to CR-2, Ordinance, PC -Staff Recommend DWSFinal.doc - —131— ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This ' day of C 2012. eborah Walther Brow Assistant City Attorney For City Attorney City Council signatures at next page. K:1Legai1SHAREDILEGAL- DEV.SVCS 2012 AgendalSchlitterbahnl01- 30-12, 0112 -02 Asset Development Corp, RS -6 and RM AT to CR 2, ordinance, PC -Staff Recommend DWBFinal.doc -- - -132— Corpus Christi, Texas day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K: 1LegafSHAREDILEGAL- DEV.SVCS12012 Agenda'Schlitterbahn\O1- 30-12, 0112 -02 Asset Development Corp, RS -5 and RM AT to CR -2, Ordinance, RC -Staff Recommend DWBFinal.doc —133 — 1LOCAThON MAP' -1 WATER CASE: 0112 -02 Exhibit A Planning Commission & Staff Recommendation rom: "RS -6" Single - family 6 & " RM AT" Multifamily AT To: "CR -2" Resort Commercial rdinance No. SUBJECT PROPERTY �d �a E iJ IV MI City of war Quinn Christi -134- 15 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, February 28, 2012 Time: During the meeting of the City Council beginning at 12:00 p.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John Marez, President Ronald L. Olson, General Manager [Vacant], Vice President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Chris Adler [Vacant], Treasurer Larry Elizondo, Sr. Constance P. Sanchez, Asst. Treasurer Priscilla Leal David Loeb Nelda Martinez Mark Scott 3. Approve minutes from the Board meeting on May 10, 2011. 4. Treasurer's Report. 5. Election of Officers: President Secretary Vice President Assistant Secretary Treasurer Assistant Treasurer General Manager 6. Consider approval the following resolutions with respect to a new MCC program: (a) Resolution authorizing the President to file an application for a calendar year 2012 reservation for qualified mortgage bond authority. (b) Resolution concerning an election to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program, Series 2102. 7. Resolution Authorizing the acquisition of the parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the payment of approximately $200,000 from the general account of the CCHFC, and execution of a $135,000 promissory note payable to the City within 18 months. 8. Public comment. 9. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING May 10, 2011 1:42 p.m. PRESENT Board of Directors John Marez, President Kevin Kieschnick, Vice President Joe Adame Chris Adler Larry Elizondo, Sr. Nelda Martinez Mark Scott ABSENT Priscilla Leal Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 1:42 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Marez called for the motion to appoint Ronald L. Olson as General Manager. Ms. Martinez made a motion to approve, seconded by Mr. Elizondo, and passed. President Marez called for the approval of the minutes of the October 19, 2010 meeting. Mr. Elizondo made a motion to, approve the minutes as presented, seconded by Mr. Kieschnick , and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $605,576 for nine months ended April 30, 2011. There were no questions regarding the report. Ms. Adler made a motion to approve, seconded by Mr. Kieschnick, and passed. President Marez opened discussion on Item 6, Resolution authorizing the Execution of Documents in Connection with the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459, Loan Funds in the Amount of $8,350,000 from Sterling Bank, HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs, HOME Funds in the Amount of $777,964 from the Corpus Christi Community Improvement Corporation, and Loan Funds in the Amount of $150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona II Project; Authorizing the Execution of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona II, Ltd. In Connection with the Admission of an Affiliate of Raymond James Tax Credit Funds, Inc. as a Limited Partner; Authorizing the General Manager and the President, Vice President, and Secretary of the Corpus Christi Housing Finance Corporation to Take All Necessary Actions in Connection with the Development ofthe Costa Tarragona II Project. There was no discussion. —1 3 8— Minutes — CCJ3FC May 10, 2011— Page 2 6. RESOLUTION AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION WITH THE AWARD OF LOW - INCOME HOUSING TAX CREDITS IN THE AMOUNT OF $1,333,459, LOAN FUNDS IN THE AMOUNT OF $8,350,000 FROM STERLING BANK, HOME FUNDS IN THE AMOUNT OF $500,000 FROM THE TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS, HOME FUNDS IN THE AMOUNT OF $777,964 FROM THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION, AND LOAN FUNDS IN THE AMOUNT OF $150,000 FROM CAPITAL AREA HOUSING FINANCE CORPORATION FOR THE COSTA TARRAGONA II PROJECT; AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP FOR COSTA TARRAGONA II, LTD, IN CONNECTION WITH THE ADMISSION OF AN AFFILIATE OF RAYMOND JAMES TAX CREDIT FUNDS, INC. AS A LIMITED PARTNER; AUTHORIZING THE GENERAL MANAGER AND THE PRESIDENT, VICE PRESIDENT, AND SECRETARY OF THE CORPUS CHRISTI HOUSING FINANCE. CORPORATION TO TAKE ALL NECESSARY ACTIONS IN CONNECTION WITH THE DEVELOPMENT OF THE COSTA TARRAGONA II PROJECT. The foregoing resolution was passed and approved with the following vote: Marez, Kieschnick, Adame, Elizondo, Adler, and Martinez voting "Aye"; and Leal absent. Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 1:44 p.m. on May 10, 2011. Corpus Christi Housing Finance Corporation Balance Sheet January 31, 2012 Assets Current assets: Cash in bank $ 214,161 Advance to General Fund 577,350 Total assets $ 791,511 Liabilities and Fund Balance Fund balance: Undesignated (Restricted) Total fund balance Total liabilities and fund balance 791,511 791,511 791,511 Corpus Christi Housing Finance Corporation Summary of Transactions For Six Months Ended January 31; 2012 Fund balance at August 1, 2011 $ 723,296 Revenues: Interest 5 Developer Fee 73,200 Miscellaneous revenue 780 Total revenues 73,985 Expenditures: Administrative costs 5,770 Total expenditures 5,770 Fund balance at January 31, 2012 $ 791,511 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/8/2012 TO: Ronald L. Olson, City Manager FROM: Troy Riggs, Assistant City Manager, trovr(a7cctexas.com, (361)826 -3898 Eddie Ortega, Director Neighborhood Services, eddieo(a.cctexas.com, (361)826 -3234 , John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation Annual Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Housing Finance Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Armando Chapa Assistant Secretary Mary Juarez Treasurer Margie Rose Assistant Treasurer Constance Sanchez General Manager Ronald L. Olson Mortgage Credit Program The Corpus Christ Housing Finance Corporation (CCHFC) has been active in providing mortgage assistance since 1980, which marked the establishment of state law allowing such corporations. In the early 1980's, the CCHFC issued approximately $150,000,000 in single family mortgage revenue bonds. Beginning in 1987, the CCHFC became a trailblazer in offering Mortgage Credit Certificates (MCCs) in Texas in order to assist first - time homebuyers. The Corpus Christi program was the first program in the state, and it was the only program available for several years. Since then, other communities as well as the Texas Department of Housing and Community Affairs (TDHCA) have offered similar programs. A Mortgage Credit Certificate is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. The MCC authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home —142— loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception`of the MCC program, over $140,000,000 in mortgage assistance has been made available to more than 2,200 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. Since an MCC program is not tied to any particular market interest rates, it does not suffer the same pitfalls that a single- family mortgage bond program faces. Additionally, it does not involve the issuance of any bonds, so the CCHFC does not have to deal with covering underwriting fees, financial advisor fees or bond counsel fees. In addition to support of first -time homebuyers, the CCHFC also assisted the development of multi- family housing in the 1980's with several multi - family bond issues and more recently in the development of Costa Tarragona 1 and II at North Padre Island Drive and 1 -37. Application for a Calendar Year 2012 Reservation for Qualified Mortgage Bond Authority The most recent allocation the CCHFC received for its MCC program was in 2009 and that program ended December 31, 2011. Throughout the program, almost 100 first -time home buyers were assisted with an average loan amount of $109,000.00. An MCC allows a first -time homebuyer to take a tax credit of up to $2,000 for event year that the homebuyer remains in the residence making mortgage payments. We anticipate receiving an allocation of $17,380,128 for a new 2012 MCC program. In order to be competitive with an existing TDHCA issue and to provide the maximum benefit to our first -time home buyers, we are recommending an MCC program that will provide a 40% MCC for mortgages up to and including $110,000 and a 35% MCC for mortgages over $110,000. This means that a first time home buyer would receive 40% or 35% of the mortgage interest that they paid as a direct tax credit off their federal income tax; however, in no event will they receive more than $2,000 per year. The MCC tax credit does not have to be paid back in installments, although a portion of the MCC tax credit may have to be repaid if the homebuyer sells the residence within 9 years. We would anticipate that the new program will be up and running in 90 days. In order to have authorization for a new MCC program beginning in 2012, we need to submit an application this year to the Texas Bond Review Board for an allocation of "qualified mortgage bond authority." Under federal law, the CCHFC must receive such an allocation in order to make the election to issue mortgage credit certificates in lieu of qualified mortgage bonds. Once the CCHFC receives an allocation and files its election with the Internal Revenue Service to convert the qualified mortgage bond authority into mortgage credit certificates, we may then begin the new MCC program. The first attached Resolution is the authorization required by the Texas Bond Review Board as part of its application process for the establishment of a new MCC program. The application process takes a few months to complete, so action is requested in order to obtain the new allocation as early in 2012 as possible so that the new program can be started. The second attached Resolution elects to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishes the Mortgage Credit Certificate Program, Series 2012. Ward Building Redevelopment The last agenda item pertains the acquisition of the Ward Building and parking lot from the City in consideration of the retirement of the $575,000 loan previously made by the CCHFC to the City, the payment of approximately $200,000 from the CCHFC's general account, and a note payable to the City in the amount of $135,000 due within 18 months. The note will be repayable from development fees to be received by the CCHFC in connection with the Costa Tarragona 11 Project. A new Request for Proposals for the redevelopment of the Ward Building and parking lot will be issued this year in order to seek out potentially new developers or new uses for the property. For more information, refer to the City Council agenda item concerning the Ward Building. —143— ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board meeting conforms to City policy EMERGENCY / NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that the City Council meet as the Board of Directors of the Corpus Christi Housing Finance Corporation to consider the action items on its agenda. LEST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting of Corpus Christi Housing Finance Corporation Minutes for May 10, 2011, Board Meeting Treasurer's Report Resolution With Respect to an Application for a Calendar Year 2012 Reservation for Qualified Mortgage Bond Authority Resolution Concerning an Election to Issue Mortgage Credit Certificates in Lieu of Single Family Mortgage Revenue Bonds and Establish the Mortgage Credit Certificate Program, Series 2012 Resolution Authorizing the Purchase of a Parking Lot and the Long -Term Leasehold Interest in the Ward Building Approvals: Alison Logan, Assistant City Attorney ' Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager RESOLUTION WITH RESPECT TO AN APPLICATION FOR A CALENDAR YEAR 2012 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act ") for the purpose of assisting and financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low or moderate income at prices they can afford; and WHEREAS, the Corporation seeks to apply for a Reservation for mortgage bond authority from the Texas Bond Review Board for calendar year 2012; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: The Corporation hereby authorizes the President to file an Application for Reservation for Qualified Mortgage Bond Authority for calendar year 2012 with the Texas Bond Review Board and the General Manager shall be authorized to take such other actions as may be reasonable or necessary to complete the documentation required for such application and commence the Program. PASSED and APPROVED the th day of , 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E. Marez, President ATTEST: By: Armando Chapa, Secretary RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2012 WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act ") for the purpose of assisting in financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income at prices they can afford; and WHEREAS, the Corporation anticipates receiving a Reservation Certificate from the Texas Bond Review Board authorizing the Corporation to issue up to $17,380,128 in single family mortgage revenue bonds; and WHEREAS, contingent on authorization by the Texas Bond Review Board and pursuant to Section 25 of the Internal Revenue Code of 1986, as amended, the Corporation intends to make a revocable election to issue mortgage credit certificates in lieu of the issuance of single family mortgage revenue bonds in connection with its Mortgage Credit Certificate Program, Series 2012 (the "Program "); and WHEREAS, the Corporation hereby fmds and determines that the making of such an election and the issuance of mortgage credit certificates serves the public purposes of the Corporation outlined in the Act and assists persons of low to moderate income in financing the purchase of residences at prices they can afford; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Contingent on authorization by the Texas Bond Review Board for the Corporation to issue single family mortgage revenue bonds: 1. The Corporation authorizes its revocable election pursuant to Section 25 of the Internal Revenue Code of 1986, as amended (the "Code ") not to issue qualified mortgage bonds during the calendar year 2012, and each of the President and the General Manager of the Corporation is authorized to perform all matters necessary and do all things required in connection with such election. 2. The Mortgage Credit Certificate Program, Series 2012, is hereby established, and the General Manager is authorized to perform all matters necessary for the implementation of said Program, and all actions taken by or on behalf of the Corporation in connection with the Program are hereby authorized, ratified, confirmed and approved, and all orders, resolutions, or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. 3. This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this day of , 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E. Marez, President —147— , RESOLUTION AUTHORIZING THE PURCHASE OF A PARKING LOT AND THE LONG -TERM LEASEHOLD INTEREST IN THE WARD BUILDING WHEREAS, the Corpus Christi Housing Finance Corporation (the " Corporation") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act ") for the purpose of assisting in the provision of housing options for persons of low and moderate income, including single family residential as well as multi- family rental properties; and WHEREAS, the City of Corpus Christi acquired certain lots in downtown Corpus Christi and the long -term leasehold interest in the Ward Building for the purpose of development of a parking lot primarily to server downtown residents in order to spur the development of downtown rental housing; and WHEREAS, the Corporation loaned $575,000.00 to the City of Corpus Christi to finance a portion of the purchase and development costs of such parking lot; and WHEREAS, the Corporation now desires to acquire the parking lot and the long -term leasehold interest in the Ward Building for the purpose of facilitating the development of such assets in order to promote additional downtown residential development; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The Corporation authorizes the acquisition of the parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi for and in consideration of the release and discharge of the $575,000 note payable to the Corporation together with accrued interest thereon, the execution of a $135,000 promissory note payable to the City of Corpus Christi due. within 18 months, and the payment of a remaining balance of approximately $200,000 in order to cover the City's costs in reimbursing the City's -CDBG account for expenses incurred in connection with the Ward Building, utilities costs, property taxes, publication expenses and other costs associated with the transfer of such property. 2. The General Manager is authorized to perform all matters necessary for the closing of such transaction, and all actions taken by or on behalf of the Corporation in connection with such transaction are hereby authorized, ratified, confirmed and approved, and all orders, resolutions; or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. 3. This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this day of , 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E. Marez, President - 1-4-8- 16 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/2/2012 TO: FROM: Ronald L. Olson, City Manager Oscar R. Martinez, Assistant City Manager OscarM @cctexas.com (361.826 -3189 John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation Authorizing the Transfer of the Parking Lot and the Long -Term Leasehold Interest in the Ward Building to the Corpus Christi Housing Finance Corporation and Appropriation of the Necessary Funds to Reimburse the City's CDBG Account CAPTION: A. Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures; and declaring an emergency. B. Ordinance appropriating $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation Fund and depositing into No. 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures; and declaring an emergency. C. Ordinance appropriating and transferring $578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15; and declaring an emergency. D. Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: In 2007, the City was approached by the owner of the Nueces Building to provide economic incentives for the redevelopment of the building into apartments. The building had been used as office space, but occupancy was low due to an overall lack of demand for office space in the downtown area. The City earlier had determined that attracting residential uses to the downtown area would be a key factor to spur downtown development and began working with the owner on the right combination that would facilitate his financing and development of the project. Community Development Block Grant funds were identified as one source of partial funding for the project that would help bridge the gap in conventional financing available. An allocation of $800,000 was made in the 2007 -08 fiscal year CDBG program targeted to finance low - income housing units as part of the project. After further analysis of his pro forma, however, the developer determined that the CDBG funding would not off -set the Toss in cash -flow for the project in having a number of the —151— apartments subject to severely limited rents. The developer had acquired the Ward Building across the street and some adjacent vacant Tots in order to develop a gated, covered parking lot to serve the new downtown residents, and lending institutions generally required assurance of adequate off- street parking as a key loan condition. The original plan was to demolish the Ward Building in order to develop a larger parking lot on the site, but the developer obtained an additional lot across Peoples Street that would provide additional parking spaces. An agreement was negotiated in which the City would acquire the Ward Building and adjacent vacant lots to develop a parking lot primarily to serve downtown residents. The Ward Building would be preserved for future development, and the CDBG allocation was utilized for this purpose instead of providing a direct subsidy into the apartment project. The vacant lots were purchased by the City outright, but the Ward Building and the remainder of the lots on which it is located were subject to a long -term ground lease. Grover Keeton, Sr. had negotiated the lease in the 1980's with a local law firm that was attempting to assemble the entire block for a new office building development, but those plans were scuttled when the entire block could not be acquired successfully. Over 70 years remained on the lease with rent being paid at the rate of $1,000 per month for an initial term scheduled to expire in 2017 with three 22 -year option terms available. While the lease terms allow the lessee to maintain, modify or demolish the Ward Building, the Keeton family would receive a steady rental income in lieu of selling the property outright. In 2009, the City acquired the parking lots and the long -term leasehold interest in the Ward Building for $350,000.00. The terms of the agreement provided for the development of the downtown parking facility primarily to serve downtown residents. Closing that transaction allowed the construction loan for the Nueces Building conversion into apartments to close simultaneously and got that project started. Although the acquisition initially was funded entirely with CDBG funds, HUD later advised the City that only the Ward Building was eligible for CDBG funding. The Corpus Christi Housing Finance Corporation (CCHFC) provided funding in the amount of $575,000.00 in order to reimburse the portion of CDBG funds used to acquire the vacant lots and the parking lot construction and development costs. The terms of the $575,000 loan by the CCHFC required that the parking lot continue to primarily serve downtown residents. As the result of this development, the Nueces Building has been converted into 66 apartments. Prior to its conversion, it was on the property tax rolls at a value of $900,000.00 at a rate similar to many other downtown properties. After the conversion, it now is on the tax rolls at over $4 million, and it will help to drive up other property values in the downtown area. The apartments are fully- occupied, a fitness club has located in the first floor space, and the project recently closed its permanent financing. The Nueces Building also is listed on the National Register of Historic Places and serves as a model for how a historic preservation project can be completed in downtown Corpus Christi. In 2009, the City issued a Request for Proposals (RFP) for the adaptive re -use of the Ward Building and adjacent parking lot. The objective is to sell the property to a developer that would assume the operation of the parking lot and redevelop the Ward Building. Two proposals were received, but after many attempts at finding the right terms for development and financing the project, staff has determined that neither proposal would be viable at this time. Two key impediments impact the project: developers cannot find the right mix of uses for the building to make operation feasible on an on -going basis, and the terms of the long -term lease with the Keeton family make the project difficult to finance. City staff has offered various financing terms for a portion of the acquisition costs in attempts to try to make the numbers work, but the renovation costs, debt service, lease obligations and operating costs cannot be successfully addressed under current market conditions. -152- Since efforts to redevelop the Ward Building have stalled and it has not been placed back in service, HUD has advised the City that it needs to re- deposit the CDBG funds back into the City's CDBG treasury account for other eligible CDBG activities. Those funds now total $330,215.82. Federal regulations prohibit the use of CDBG funds to warehouse or land -bank a property on a Tong -term basis, This reprogramming must come from other non - federal funds of the City. The City currently owns the parking lot and the long -term leasehold interest in the Ward Building based on a $575,000.00 loan from the Corpus Christi Housing Finance Corporation and $330,215.82 in CDBG funds expended for the project. The transaction involves the conveyance of the property (and assignment of the long -term leasehold interest in the Ward Building) to the CCHFC in exchange for release of the existing $575,000.00 loan and the payment by the CCHFC of the CDBG balance of $330,215.82. The CCHFC will execute a $135,000.00 note payable to the City to be paid in full within 18 months and pay approximately $200,000.00 as necessary to provide the reimbursement of funds to the City's CDBG account and cover the City's other out -of- pocket expenses associated with the building. The note will be paid off by the CCHFC from other funding scheduled to be received from completion of the Costa Tarragona I I project. City staff further recommends the issuance of a new Request for Proposals for the redevelopment of the Ward Building and parking lot in order to seek out potentially new developers or new uses for the property. Market conditions are improving, and although it might require more than one additional round of RFP's a successful use of this site should be obtainable. In the meantime, though, holding the property in the Corpus Christi Housing Finance Corporation and continuing to use the existing parking lot to support downtown residential uses is a sustainable option that will remedy the current problem associated with having CDBG funds invested in the project. ALTERNATIVES: The City could utilize its General Fund reserve to fund the entire reimbursement payable to HUD and continue to hold the Ward Building and parking lot for future purposes. OTHER CONSIDERATIONS: City staff will continue to seek new proposals for the redevelopment of the Ward Building or utilization of this property in the furtherance of the City's objectives for the redevelopment of downtown. CONFORMITY TO CITY POLICY: The proposed transaction conforms to City policy. EMERGENCY / NON - EMERGENCY: This item is declared an emergency due to the timeline requirement imposed by the Department of Housing and Urban Development. DEPARTMENTAL CLEARANCES: Neighborhood Services Department Finance Department FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Revenue This item 578,360 BALANCE 578,360 -0- Fund(s): Comments: The $578,360 in revenue to the General fund is for conveyance of the property to the Corpus Christi Housing Finance Corporation for release of the existing loan. RECOMMENDATION: Staff recommends that the City Council authorize the transfer of the Parking Lot and the Long -Term Leasehold Interest In the Ward Building to the Corpus Christi Housing Finance Corporation for a total purchase consideration of release of the $575,000 existing note, approximately $200,000 cash, and a $135,000 note payable to the City due within 18 months, and appropriate the necessary funds to reimburse the City's CDBG account. LIST OF SUPPORTING DOCUMENTS: Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures; and declaring an emergency. Ordinance appropriating $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation and depositing into No. 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures; and declaring an emergency. Ordinance appropriating and transferring $578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15; and declaring an emergency. Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager i 1 1 -155- Ward Building - Purpose These agenda items are proposed to approve: • Transfer of the Ward Building/Parking Lot asset from the City to the Corpus Christi Housing Finance Corporation. • Replenishment of the City's CDBG account for other eligible projects. i++eM.4000000P,w`ewttCr'a:•£,M14•x Ward Building - Background 1. Acquisition of the Ward Building and development of the adjacent parking lot resulted in development of the Nueces Lofts Project and downtown redevelopment. 2. A little over $300,000 in CDBG funds were expended and another $578,000 obtained in a loan from the Corpus Christi Housing Finance Corporation to finance the project. Ward Building - Background 3. An RFP was issued for the adaptive re-use of the Ward Building but a financially feasible redevelopment plan has not been possible under current market conditions. 4. Since the Ward Building remains undeveloped. the Department of Housing and Urban Development has requested that the CDBG funds used for the project be replaced for other eligible local projects. o LO Ward Building - Actions Required Action by Corpus Christi Housing Finance Corporation: Approve acquisition of Ward Building and Adjacent Parking Lot from the City for release of $578,000 loan, $195,000 cash and a $135,000 note to be paid in 18 months (rounded amounts). Ward Building -Actions Required Actions by City Council: 1. Authorize sale of Ward Building and adjacent parking lot for release of $578,000 CCHFCloan, $195,000 cash and a $135,000 note to be paid in i8 months (rounded amounts). Ward Building - Actions Required Actions by City Council: 2. Appropriate $33o,216 ($135,000 from General Fund Reserve and $195,216 from sales proceeds from CCHFC) to replenish CDBG Fund for other eligible projects. Ward Building - Financial Recap Ward Building -Outcomes i.AlIow CCHFC to acquire Ward Building and Parking Lot assets to continue redevelopment efforts. 2.Accomplish current redevelopment of Nueces Lofts. 3.Replenish $33o,216 for CDBG use. 4.Increase General Fund balance $578,360 Page 1 of 1 Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $135,000 is approved as an advance from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No; 1059 Community Development Block Grant Fund of Ward Building expenditures. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 9, 2012 Lisa Aguilar, City Attorney for the City Attorney Corpus Christi, Texas Day of ,2012 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: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 1 Ordinance appropriating $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation and depositing into No. 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation is appropriated and deposited into the No. 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 21, 2012 Lisa Aguii Assistant City Attorney for the City Attorney Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 1 Ordinance appropriating and transferring $578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation Fund to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues by $578,360.15; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $578,360.15 is appropriated and transferred from the No. 9030 Corpus Christi Housing Finance Corporation Fund to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues by $578,360.15 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 9, 2012 1 Lisa Aguil ,Assistant City Attorney for the City Attorney • Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation; and declaring an emergency. Now, therefore, be it ordained by the City Council of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute all documents necessary for the transfer of Lot One (1) and Lot Two (2), Block Eleven (11), Beach Portion of the City of Corpus Christi, Texas, recorded, in Volume A, Page 3, Map Records, Nueces County, Texas, together with the leasehold estate pursuant to that Lease Agreement dated June 30, 1983, as amended between Grover C. Keeton alk/a Grover Cleveland Keeton, as Landlord, and Beach Center Corporation, as Tenant, covering Lots Three (3) and Four (4), Block Eleven (11), Beach Portion of the City of Corpus Christi, Texas, as shown by map of said city recorded in Volume A, Page 3, Map Records of Nueces County, Texas, for the transfer to Corpus Christi Housing Finance Corporation for the consideration of $908,575.97. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: February 8, 2012 Lisa Aguila ssistant City Attorney for the City Attorney Joe Adame, Mayor Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 17 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 CAPTION: Award of a service agreement: Temporary Staffing Services Bid Invitation — BI- 0186 -11 Agenda Item: RECOMMENDATION: Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with bid invitation number BI- 0186 -11, for an estimated two -year expenditure of $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY 11/12. The term of the se'rvice agreement is for two years with an option to extend for up to two additional twelve -month periods subject to the approval of the suppliers and the City Manager or his designee. This service will be used by all City departments. Funds are available in the using departments' operating budgets in FY 11/12 and will be requested for FY12/1.3. Unique Employment Services Corpus Christi, Texas 26 Line Items $1,995,078.42 JAT Partners, LLC DBA Remedy Intelligent Staffing Corpus Christi, Texas 19 Line Items $1,159,110.17 BACKGROUND AND FINDINGS: Absolute Staffing, L.P. Corpus Christi, Texas 35 Line Items $1,958,937.44 Advance'd Temporaries, Inc. Corpus Christi, Texas 60 Line Items $1,623,555.95 Express Employment Professionals Corpus Christi, Texas 2 Line Items $251,586.30 Grand Total: $6,988,268.29 Temporary staffing services are essential to the daily operations of City Government. Temporary staffers provide manpower necessary to properly serve the citizens of Corpus Christi. In 2009, the City established three centralized service agreements for the procurement of temporary staffing services. The term of those agreements were two years with the option to extend for up to two additional one - year periods. The City identified this contract as one which had potential cost- savings and decided to re- procure. When compared to the previous contract, there is a savings of 6.52% or $488,350.59 over a 2 year period. The City has identified a total of one - hundred and forty -two temporary positions that will be placed under —175— fifteen Tabor groups: Accounting, Auditing, and Finance; Administrative Support; Custodial; Engineering & Design; information Technology; Inspectors & investigators; Library & Records; Maintenance; Medical & Health; Planning, Research & Statistics; Program Management; Property Management & Purchasing; Public Safety, Safety, and Social Services. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These service agreements conform to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Various City Departments FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,060,085.08 $5,532,379.07 $9,592,464.15 Encumbered / Expended Amount 1 1,997,450.80 - 0.00 1,997,450.80 This item 1,455,889.23 5,532,379.07 6,988,268.30 606,745.05 - BALANCE $606,745.05 0.00 various runes Comments: Monies to support this contract will be taken from salary vacancy savings as required. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -1-7-6- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: 02/28/12 AWARD SUMMARY - BI- 0186 -11 UNIQUE EMPLOYMENT SERVICES Corpus Christi, Texas Twenty -six (26) positions awarded. Groups include: Accounting, Auditing, & Finance - 1 $ 1,995,078.42 line items; Administrative Support - 5 line items; Custodial - 1 line item; Inspectors & Investigators -1 line item; Maintenance - 11 line items; Medical & Health - 3 line items; and Program Management -1 line item; and Property Management & Purchasing - 3 line items. ABSOLUTE STAFFING L.P. Corpus Christi, Texas Thirty-five (35) positions awarded. Groups include: Accounting, Auditing, & Finance - 1 $ 1,958,937.44 line item; Administrative Support - 7 line items; Custodial - 4 line items; Library & Records - 1 line item; Maintenance - 11 line items; Medical & Health - 3 line items; Property Management & Purchasing - 1 line item; Public Safety - 1 line item; Safety 2 line items; Social Services - 4 line items. ADVANCE'D TEMPORARIES, INC. Corpus Christi, Texas Sixty (60) positions awarded. Groups include: Administrative Support - 5 line items; Custodial - 3 Iine items; Engineering & Design - 7 line items; Information Technology - 5 line items; Inspectors & Investigators - 2 line items; Library & Records - 1 line item; Maintenance - I4 line items; Medical & Health - 9 line items; Planning, Research & Statistics - 4 line items; Program Management - 3 line items; Property Management & Purchasing - 2 line items; Public Safety - 2 line items; Safety - 1 Iine item; and Social Services - 2 line items. JAT PARTNERS LLC, DBA REMEDY INTELLIGENT STAFFING Corpus Christi, Texas Ninteen (19) positions awarded. Groups include: Accounting, Auditing & Finance - 1 line item; Administrative Support - 2 line items; Information Technology -1 Iine item; Inspectors & Investigators 3 line items; Maintenance - 6 line items; Medical & Health - 3 Iine items; Planning, Research & Statistics - 1 line item; and Safety - 2 line items. EXPRESS EMPLOYMENT PROFESSIONALS Corpus Christi, Texas Two (2) positions awarded. Groups include: Custodial - 1 line item; Planning, Research & Statistics - 1 line item. One - hundred and forty -two line items $ 1,623,555.95 $ 1,159,110.17 $ 251,586.30 Grand Total: $ 6,988,268.29 Note - Bids were also received from the following vendors: All Temps Personnel, Corpus Christi, Texas; Adecco, Corpus Christi, Texas; Amer Technology Inc., San Antonio, Texas; Manpower, Corpus Christi, Texas; and Maxim Healthcare Services, Inc. dba Maxim Staffmg Solutions, Corpus Christi, Texas. None of the bids received from the bidders were eligible for award as the lowest responsible bid. -1 7 7- ¢¢ Pm 'X.i . W nom- s i'7 eS 'R-Y �`•P y ,Y�- �ri. T2', =3 fl.. f 1 It - �1`:.:.:. �N.+1 � '€ 5�.1 �8 �:+�5- _.1Y h {y,� 4 E CaY .� E9niia. �� f F:. ��3 6^b a o f N f �� 4y �"� F7'' TT 3:a � � P, .5-' F '� �4T`_s' City Secretary 10020 1020 530070 2012 833.07 City Attorney 10500 1020 530070 2012 68.86 Accounting Operations 10751 1020 530070 2012 12,699.71 Cash Management 10830 1020 530070 2012 19.51 Central Cashiering 10840 1020 530070 2012 9,796,20 Human Relations 11450 1020 530070 2012 670.87 Police Administration 11700 1020 530070 2012 57.37 Vehicle Pound Operation 11770 1020 530070 2012 784.59 Police Building Maint & Oper 11870 1020 530070 2012 29,934.82 Emergency Management 11950 1020 530070 2012 1,999.55 Traffic Engineering 12300 1020 530070 2012 818.81 Traffic Signals 12310 1020 530070 2012 9.50 Asphalt Maintenance 12430 1020 530070 2012 10,971.80 Solid Waste Administration 12500 1020 530070 2012 13,756.43 JC Elliott Transfer Station 12504 1020 530070 2012 23,270.79 Cefe Valenzuela Landfill Oper 12506 1020 530070 2012 31,612.93 Refuse Collection 12510 1020 530070 2012 11,331.31 Brush Collection 12511 1020 530070 2012 3,700.05 Health Administration 12600 1020 530070 2012 265.98 Health Office Building 12610 1020 530070 2012 17,146.14 - TB Clinic - Health Department 12615 1020 530070 2012 663.24 Environmental Health Inspect 12640 1020 530070 2012 3,938.13 Animal Control 12680 1020 530070 2012 65,034.61 Low Cost Spay Neuter Clinic 12681 1020 530070 2012 19,889.33 i Central Library 12800 1020 530070 2012 1,809.35 Anita & WT Neyland Public Libr 12810 1020 530070 2012 163.37 Dr C P Garcia Public Library 12850 1020 530070 2012 874.05 Park Operations 12910 1020 530070 2012 5,399.44 Tourist District 12915 1020 530070 2012 13,680.05 Beach Operations 12940 1020 530070 i 2012 12,736.97 Beach Parking Permits 1 12950 J 1020 530070 2012 12,392.73 Senior Community Services 13030 1020 530070 2012 14,104.62 Cultural Services 13700 1020 530070 2012 6,801.42 Gas - Engineering Design 34190 1020 530070 2012 454.40 Packery Patrol Operations 12960 1111 530070 2012 32,453.46 -178- ACM Public Works, Util & Trans . 10200 4010 530070 2012 1,472.07 Water administration 30000 4010 530070 2012 53,575.87 Water Geographic Info Systems 30001 4010 530070 2012 16,446.18 Water Utility Support Svc Grp 30005 4010 530070 2012 2,517.27 Utility Office Cost 30010 4010 530070 2012 93,530.68 Utility Field Operations Cost 30015 4010 530070 2012 56,069.21 Public Education & Communicati 30020 4010 530070 2012 9,681.82 Sunrise Beach 30205 4010 530070 2012 52,529.96 Stevens Filter Plant 31010 4010 530070 2012 81,937.23 Water Quality 31501 4010 530070 2012 45,497.38 Maintenance of water meters 31510 4010 530070 2012 475.28 Treated Water Delivery System 31520 4010 530070 2012 85,732.06 Water Utilities Lab 31700 4010 530070 2012 3,442,42 Oil and Gas Well Division 12220 4130 530070 2012 375.35 Gas administration 34000 4130 530070 2012 8,524.47 Service and Operations 34110 4130 530070 2012 19,722.22 Gas pressure & measurement 34120 4130 530070 2012 2,112.26 Gas construction 34130 4130 530070 2012 26,893.94 Gas - Engineering Design 34190 4130 530070 2012 8,165.00 Wastewater Administration 33000 4200 530070 2012 10,757.58 Broadway Wastewater Plant 33100 4200 530070 2012 F 1,075.76 Oso Wastewater Plant 33110 4200 530070 2012 13,143.23 Greenwood Wastewater Plant 33120 4200 530070 2012 4,500.51 Greenwood Wastewater Plant 33120 4200 530070 2012 860.61 Allison Wastewater Plant 33130 4200 530070 2012 1,075.76 Laguna Madre Wastewater Plant 33140 4200 530070 2012 7,411.60 Lift Station Operation & Maint 33210 4200 530070 2012 3,227.27 Wastewater Collection System 33400 4200 530070 2012 14,343.44 Storm Water administration 32000 4300 530070 2012 5,283.22 Storm Water Maint & Operations 32010 4300 530070 2012 46,989.10 Storm Water Education Svc 32030 4300 530070 2012 5,378.79 Airport Administration 35000 4610 530070 2012 476.92 Airfield 35005 4610 530070 2012 4,126.58 Airport custodial maint 35020 4610 530070 2012 18,786.56 Airport Parking/Transportation 35030_ 4610 530070 2012 22,374.20 Airport bldg maintenance 35040 4610 530070 2012 7,007.40 -179- Land Development 11200 4670 530070 2012 5,630.95 ACM Business Support Svcs 11300 4670 530070 2012 66,194.96 Administration 11305 . . 4670 530070 2012 9,300.86 Comprehensive Planning 11455 4670 530070 2012 7,525.71 Inspections Operations 12201 4670 530070 2012 9,300.86 Purchasing 10900 5010 530070 2012 1,585.70 Warehouse Stores 40000 5010 530070 2012 3,440.11 Mechanical repairs 40100 5110 J 530070 2012 36,637.27 I Service station 40140 5110 530070 2012 30,532.99 Parts Room Operation 40180 5110 530070 2012 11,275.73 Police /Heavy Equipment Pool 40200 5110 530070 2012 31,146.08 - Facility Management & Maint 40300 5110 530070 f 2012 10,757.58 Facility maintenance - City Ha 40310 5110 530070 2012 10,972.73 MIS Customer Services 40420 5210 530070 2012 21,277.43 Wi / Fi - Auto Meter Reading 40430 5210 530070 2012 301.56 MIS operations 40470 5210 530070 2012 1;949.07 Connectivity /Hardware Infrastr 40480 5210 530070 2012 56,702.46 MIS - Application Supt - Police /MC 40495 5210 530070 2012 11,970.21 Dir of Engineering Services 11150 5310 530070 2012 I 10,764.76 I Dir of Engineering Services 11150 5310 530070 2012 4,303.03 Major Projects Activity 11160 5310 530070 2012 12,550.51 Survey 11180 5310 530070 2012 1 4.02 Construction Inspection 11190 5310 530070 2012 6.02 Risk Management 11460 5613 530070 2012 2,510.10 Other Employee Benefits 40610 5614 530070 2012 1,792.93 I Juvenile Assessment Center 49002 9010 530070 2012 1,792.93 Total 1,455,889.23 18 pCOq�� _x852 DATE: February 13, 2012 TO: AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operat gustavogo@cctexas.com 361.826.1874 Memorandum of Understanding with the Lavaca - Navidad River Authority CAPTION: Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca - Navidad River Authority to develop alternative for the leasing of the Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. BACKGROUND AND FINDINGS: In 1992, the City of Corpus Christi entered into an option agreement with Garwood Irrigation Company for the purchase of 35,000 acre -feet per year of senior water rights along the Colorado River. The Texas Natural Resource Conservation Commission (the predecessor agency to the Texas Commission on Environmental Quality) officially approved the purchase in 1998. With this purchase, the City of Corpus Christi was permitted to pump water from the Colorado River at a maximum diversion rate of 298 acre -feet per day. The next step in utilizing these water rights is to build the necessary structures and pipeline to transport the water from the Colorado River. Design and construction permitting will be completed by the end of 2013. The timing of construction will depend on the water demands in the Coastal Bend Region, but the original schedule called for construction be completed by 2020. The City of Corpus Christi began discussing this pipeline almost twenty years ago when it entered into the option agreement to purchase the water rights. The Garwood Pipeline is a priority project and is identified in the State Water Plan as a key water supply strategy for the Coastal Bend Region. Current projections on existing requirements show the Coastal Bend Region will need the Garwood water by 2030. Due the drought conditions, the Lavaca —Navidad River Authority has curtailed water diversions by 20 percent to all contract customers. This has placed their industrial customers in a difficult situation. To make up the short fall to Formosa Plastics, the City of Corpus Christ leased 1000 ac -ft in the fall of 2011. Since then LNRA has requested a Memorandum of Understanding to examine the possibility of leasing a portion or all of the Garwood rights to an industrial customer. As such, since the Coastal Bend Regional Water Planning Group Region N has submitted the 2011 plan, it is an opportunity to work through a partnership with the river authorities to develop a business and implementation plan for the next water management strategies and weighing them against metrics such as financial —183— W6 t- erg ov • 3A CGi :Illfi 'T '.. Ceverre: CQti tS:, N cthitig:Ittbo MOO will tt If3 E 4h4r.t, tr'nsf6r4 teiii*rwite Afftd r6-e tkktg ar f water.# either ;per; REG iVIMEND1 TICIl $tafflopottftittd rpprvl of this item. LIST OF .. UP i }Tip ' °D0 ?111718 T '. Memorandum; oft idorgt cite : Appriwaftz La O Pr Aa nt — Atto, oy " i t . e an ter orui s l a.s . C re fit Qf MaiVOOMerit .idt EclgiOet Qscor finwz Raitta it pity fiatt , §•ar —184— CITY OF CORPUS CHRISTI — LAVACA NAVIDAD RIVERAUTHORITY COLORADO RIVER. WATER PROJECT MEMORANDUM OF UNDERSTANDING ( "MOU ") 1. PARIihS: City of Corpus Christi ( "City ") and Lavaca Navidad River Authority ( "LNRA "). 2. PROJECT: Develop alternative proposals for the interim sale of at Ieast 10,000 AF and up to 35,000 AF of Colorado River Water by existing or potential customers of the City and LNRA, which may include the construction of a water supply pipeline and reIated facilities (Mary Rhodes Phase II Pipeline Project) from a diversion site on the Colorado River near Bay City, Texas to a point on LNRA property where it will connect to the LNRA facilities that service the City's Mary Rhodes pipeline. ...._.. 3. MOU INTENT: This MOU is intended as a non - binding expression of the general terms, conditions, and principles upon which a detailed agreement ( "Project Agreement ") for the lease of water rights or sale of raw water on a term basis, including the construction and operation of necessary infrastructure ( "Interim Project "), if the Parties elect to proceed with joint implementation of the City's Mary Rhodes Phase II Pipeline Project. This MOU will also guide the development of the Project until the Project Agreement is signed or until this MOU is terminated. 4. PURPOSE / SCOPE: During the term of this MOU, the Parties will: a. Determine the feasibility of providing untreated Colorado River water to wholesale and industrial customers, such as Formosa Plastics, within the Colorado- Lavaca Coastal, Navidad River, Lavaca River, and Lavaca - Guadalupe Coastal basins on a term basis not to exceed 40 years. b. Develop proposed agreements, including a pricing structures, for raw water sales to wholesale and industrial customers, such as Formosa Plastics. The pricing structures should reflect indirect costs for general overhead, direct capital and operating costs for operation, maintenance, renewal, replacement, and expansion of the Interim Project. c. Address the rights and responsibilities of the Parties related to the design, permitting, construction, financing, phasing, ownership, use, payment, expansion, operation, maintenance, renewal, and replacement of the City's Mary Rhodes Phase II Pipeline Project. d. Develop various water supply scenarios that would include a combination of water management strategies that would satisfy future demands needs and weigh them against metrics established by a team consisting of not less than three (3) representatives of the City and three (3) representatives of LNRA. 5. INTERIM COST SHARING: Prior to the effective date of the Project Agreement, costs incurred for the Project will be shared by the Parties on a 50/50 basis or in such other proportion 1 _1 85– Final MOU by LNRA Colorado River Water Project as may be agreed. It is anticipated the initial -costs that will be jointly incurred during the period this MOU is in effect will not exceed $100,000. 6. TERMINATION / TERM: The Parties will use best efforts to complete the tasks under item 4 within 60 days of the effective date of this MOU. This MOU may be terminated for convenience by either Party in its sole discretion upon 60 days written notice and payment of any outstanding amounts due from the terminating Party. During the term of this MOU, the City agrees that if it conducts any independent discussions of the sale or lease of the Colorado River Water with a party other than LNRA, the City will coordinate with LNRA at the outset of any such independent discussions. 7. WATER RIGHTS: Nothing in this MOU or in the Project Agreement will modify, share, transfer, or otherwise affect the pre - existing or future water rights of either Party or the relative water allocation priorities of the Parties during water shortages, which rights are and will remain independent of this MOU. AGREED this day of , 2012 1 it .1 trick Brzoz P. E. General Mana r Lavaca - Navidad River Authority P. O. Box 429 Edna, Texas 77957 2 —186— Ronald L. Olson City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 -9227 Approved as to form: Pet- , �a Lisa Aguilar Assistant City Attorney For City Attorney Final MOU by LNRA Colorado River Water Project 19 DATE: TO: 1st Reading — 2121112 rl Reading -- 2/28/12 AGENDA MEMORANDUM for the City Council Meeting of February 21st, 2012 February 09, 2012 Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E.' gustavogo@cctexas.com (361) 826 -1874 Establish a New Rate for the Sale of Untreated Water CAPTION: Ordinance setting rates for the sale of untreated water large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Section 55 -50, Code of Ordinances is amended by adding two new minimum monthly charges for untreated water customers in the table in subsection (a)(1)b and adding new subparagraphs (a)(2)j and (a)(2)k ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Not Applicable e Operating Expense o Revenue o CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) . Current Year Future Years TOTALS Budget 0 0 0 0 Encumbered / Expended Amount - This item BALANCE 0 0 0 0 unc[s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance 55 -50 Approvals: Lisa Aguilar, Senior Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager _190- Page 1 of 4 Ordinance setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for severance; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Section 55 -50, Code of Ordinances is amended by adding two new minimum monthly charges for untreated water customers in the table in subsection (a)(1)b and adding new subparagraphs (a)(2)j and (a)(2)k, to read as follows: "ARTICLE 111. WATER RATES AND CHARGES "Sec. 55 -50. Schedule. "(a) Base rates for water service. The rates for water service are as follows: "(1) Monthly minimum charges. * "b. Untreated water customers. * * INDUSTRIAL- MINING WATER RATE AMENDMENT —191— "August 1, 2011 to July 31, 2012 "Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $390.281 "Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 237.70 "Minimum monthly service charge, industrial 390.28 "Minimum monthly service charge, domestic 13.00 "Minimum annual service charge, domestic 130.09 "Minimum monthly service charge, agricultural irrigation water service 195.00 INDUSTRIAL- MINING WATER RATE AMENDMENT —191— Page 2 of 4 "Minimum monthly service charge, temporary construction water service 260.00 "Minimum monthly service charge, . temporary large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority $1,500.00 " Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly volume charges per 1,000 gallons. * * * * "(1) Temporary large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority. " *Else the minimum charges in subsection (a)(1). * 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. INDUSTRIAL- MINING WATER RATE AMENDMENT —192— "January 1, 2012 to July 31, 2012 "First acre foot or fraction thereof Minimum* "Over acre foot $1,100.00 per acre foot or fraction thereof " *Else the minimum charges in subsection (a)(1). * Section 2. If for any reason any section; paragraph, subdivision; clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. INDUSTRIAL- MINING WATER RATE AMENDMENT —192— Page 3 of 4 Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. INDUSTRIAL- MINING WATER RATE AMENDMENT _19$_ That the foregoing ordinance was rea reading on this the 1 S4- day of Joe Adame Chris N. Adler Kelley Allen • Larry Elizondo Priscilla G. Leal Page 4 of 4 S the first time and passed to its second �,, - v�.�.. t- , 2012, 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 , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: P`'', 0-0 (° - By:'.,�• Lisa Agui Assistant ity Attorney For City Attorney INDUSTRIAL- MINING WATER RATE AMENDMENT.DOCX -194 -- 20 DATE: TO: FROM: 18t Reading — 2/21/12 2nd Reading — 2/28112 AGENDA MEMORANDUM for the City Council Meeting of February 21st , 2012 February 9, 2012 Rorald L. Olson, City Manager Ar stavo Gonzalez, P.E. Director of Water Operations gustavogo ©cctexas.com 361.826.1874 Raw water sales contract with Formosa Plastic, Inc. CAPTION: Resolution authorizing the City Manager or designee to execute a raw water sales contract with Formosa Plastics. Inc for 22 ac -ft per day or 667 ac -ft per month not to exceed a total of 2000 ac -ft or till April 1st 2012. BACKGROUND AND FINDINGS: Lavaca Navidad River Authority has an annual contract for approximately 25,000 ac -ft of raw water with Formosa Plastics, Inc a Texas Corporation located in Pt. Comfort, Texas. Contract provisions stipulate that if the storage volume of Lake Texana falls below fifty (50 %) storage, then LNRA has a right to reduce the diversions to Formosa Plastics, Inc. by ten (10) percent. Formosa Plastics has requested a water contract from the City of Corpus Christi for the amount of 667 ac -ft per month for three months not to exceed 2000 ac -ft. Thip amount will be reduced from our contract amount from Lake Texana. ALTERNATIVES: Formosa Plastics, Inc. will be using the next four months to develop several water wells on their property to make up the difference. OTHER CONSIDERATIONS: The contract price shall be $1100 per acre foot which could amount to a total of $2,200,000 revenue to the Water fund. Formosa will only be charged for the volume used. CONFORMITY TO CITY POLICY: The City of Corpus Christi has several other water contracts with municipalities and industrial customers. EMERGENCY / NON- EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES; None required —197— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS _ Budget Encumbered / Expended Amount This item $2,200,000 $2,200,000 $2,200,000 BALANCE $2,200,000 unacs): Comments: None RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Water sales contract Approvals: Lisa Aguilar, Senior Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Page 1 of 2 An ordinance authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute a temporary raw water sales contract with Formosa Plastics Corporation, a substantial copy of which is attached to and incorporated into this ordinance as Exhibit "A ". 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. Formosa Contract ord 12142D11.doax —199— That the foregoing ordinance was rea reading on this the,? 1 -St day of Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal f r the first time and passed to its second , 2012, 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 Joe Adame David Loeb , 2012, by the following vote: Chris N. Adler Kelley Alien Larry Elizondo Priscilla G. Leal PASSED AND APPROVED, this the Attest: Armando Chapa City Secretary Approved: / day of '. "tic""t ' By: :i G. LA --c* R. Jay Reiriirig, First Assistant City Attorney For City Attorney John E. Marez Nelda Martinez Mark Scott day of , 2012. Joe Adame Mayor , 2012 TEMPORARY RAW WATER SALES CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FORMOSA PLASTICS CORPORATION, TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § s This. Contract for the temporary sale of.untreated raw water, made as of this I day of January, 2012, by and between the City of Corpus Christi ( "City "), a Texas home - rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469 -9277, and acting through its duly authorized City Manager, or the City Manager's designee ( "City Manager "), which is supplied water from, among other sources, Lake Texana by the Lavaca Navidad River Authority ( "LNRA ") and which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial districts, and Formosa Plastics Corporation, Texas ( "Formosa "), a Delaware corporation, authorized to do business in Texas, whose address is 201 Formosa Drive, Point Comfort, Texas 77978, acting by and through its duly authorized representative ( "Formosa's Representative "), which also is supplied water from Lake Texana by LNRA. This Contract is the only agreement of the parties relating to the retail sale, diversion, and use of untreated raw water. Any prior understandings or written or oral agreements between the parties are superseded by this Contract. The City and LNRA entered into a Water Delivery and Conveyance Contract dated December 14, 1993 under which LNRA conveys 41,840 acre feet of water annually from Lake Texana to the City from an intake structure, pipeline, and pump referred to the West Delivery System ( "LNRAICity Contract "), Formosa and LNRA entered into a Water Delivery and Conveyance Contract dated May 1, 1980, as amended, under which LNRA conveys 30,800 acre feet of water annually from Lake Texana to the Formosa from an intake structure, pipeline and pump referred to the East Delivery System ( "LNRA/Formosa Contract ").Formosa wants to divert through the East Delivery System untreated raw water supplied by LNRA to the City for the City's sale to Formosa for its use for industrial purposes , or any corporation, which is a successor to, subsidiary to, or affiliated with Formosa in the operation of Formosa's plants and all additions to the plants, or affiliated or subsidiary plants located in Calhoun County, Texas (for the purpose of this Contract they are collectively considered as the "Plant "), and the City desires to allow or otherwise facilitate the diversion, sale, and use of untreated raw water by Formosa through this retail raw water sale contract. In consideration of the above recitals and the mutual promises, covenants, and agreements, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1 Temporary Raw Water Contract Between Corpus and Formosa 01092012.docx — 2 01— 1. Term. This Contract remains in effect from the date of final approval of this Contract, until March 31, 2012, and is subject to the termination provisions contained in this Contract. 2. Use and Quantity of Water. a. The City agrees to allow Formosa to divert and use consumptively untreated raw water from Lake Texana supplied to the City under the LNRA/City Contract, at Formosa's existing point of diversion defined in the LNRNFormosa Contract, for industrial purposes in such quantity as may be required by Formosa, but not exceeding a total of 2,000 acre feet. Formosa may divert the water the rate of diversion authorized by LNRA. b. However, if a situation arises, Formosa may divert the untreated raw water at a higher rate of diversion, as long as the City and LNRA permit the increase. Formosa recognizes that the City may need to limit the rate of diversions due to the City's own need for water. However, Formosa may not divert from the water supplied to the City by LNRA more than the contracted for 2,000 acre feet during the term of this agreement. Because LNRA has implemented a pro-rata reduction of water deliveries as defined in LNRA's current Drought Contingency Plan (DCP), the volume of water to be transferred as a result of this agreement will be added to Formosa's average daily allotment as defined per the DCP and an equal amount deducted from the City's current delivery rate. c. Under the LNRA/City Contract and LNRA/Formosa Contract, title to and possession of the untreated raw water passes from LNRA to Formosa at the point of •diversion. 3. Point of Diversion. Formosa will divert the untreated raw water at and with its current facilities. 4. Measurement of Raw Water, a. The untreated raw water delivered under this contract must be measured in U.S. standard gallons by a suitable water meter or meters installed and maintained by LNRA at the point of diversion, which shall be accurate within 2 %, either plus or minus. Checks as to the accuracy of the meter or meters may be made by the Director of Water Operations by request to LNRA, at the City's expense. The Director of Water Operations will notify the Formosa's Representative in writing 10 days in advance of all checks and tests in order that the Formosa may have a representative present as a witness. However, if the Formosa's representative is not present, LNRA may proceed with the check. (1) If either the City's Director of Water Operations or Formosa's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by LNRA. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. 2 Temporary Raw Water Contract Between Corpus and Formosa 01092012.doox —202— (3) lf, on any test, the meter tested is found to be inaccurate, the inaccuracy will be addressed in accordance with the provisions relating to meter inaccuracies in the LNRAIFormosa Contract. (4) if, for any reason, the meter or meters are out of service so that the volume of untreated raw water delivered cannot be ascertained or computed, the untreated rave water delivered during the period the meter or meters are out of service will be estimated under the provisions relating to meter inaccuracies in the LNRAIFormosa Contract. b. LNRA will read the meter or meters under the LNRA/Formosa Contract and will determine from these readings the amount of untreated raw water delivered to the Formosa. All meter readings will be made available to the Formosa's Representatives during the City's normal office hours. 5. Price of Raw Water. The price to be charged for untreated raw water sold by the City to the. Formosa is One Thousand One Hundred Dollars ($1,100.00) per acre foot or fraction thereof. 6. Fixed Minimum Obligation. Formosa is obligated to purchase the contract amount of untreated raw water by the end of the contract term, March 31, 2012, but Formosa must pay the City for the water at the daily amount in increments of twenty two (22) acre feet per day. 7. Billing. a. All untreated raw water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and Formosa will pay the bill . within 10 days of the receipt of such bill. Any clerical error in the bill or minor question regarding the bill is not sufficient grounds to delay payment by Formosa to the City, Any such questions, will be properly settled under the terms ofthis Contract and by the agreement of both parties. Any adjustments in the amount paid as.a result of such agreement will be added to or deducted from the following month's bill. b. Any failure by Formosa to pay the monthly billing within 10 days after such billing date is a "default" under Section 14 of this Contract. In the event it becomes necessary to collect such charges through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If Formosa fails to pay its water bills, the City may require the payment in advance of each monthly water bill based on a diversion of eight (8) acre feet per day, plus a deposit, as a condition to furnishing untreated raw water to Formosa, and may request LNRA cease delivery of water to Formosa until the City receives the required advanced payment and deposit. 8. Restrictions on Resale. Formosa, its.affiliates, its subsidiaries, or any successor may use at the Plant all water diverted up to the maximum stated in Section 2.a. of this Contract. Formosa's water may not be used by any other person, corporation, Temporary Raw Water Contract Between Corpus and Formosa 01082012.docx —203— partnership, or entity, except for activities performed for Formosa at Formosa's Plant. Sale to or use by any other person, corporation, partnership, or entity is "default" under Section 14 of this Contract. 9. Water Rights. It is mutually agreed and understood that the City has acquired the contracted water from the LNRA, which water contracted by the City is not under Contract to others, and may be used to supply water to Formosa during the time this Contract remains in force. Further, that this Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and municipal and industrial consumers outside its city limits. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality ( "TCEQ "), any • successor agency, or any other regulatory authority that may have jurisdiction over such matters. Formosa agrees for the term of this Contract to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire water rights or provide water to Formosa and other customers. 18. Water Conservation and Drought Contingency Measures. a. Formosa acknowledges the terms of the TCEQ Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.B, Certificate of Adjudication No. 21 -3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all customers and any subsequent customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, Formosa agrees that during the term of this Contract, Formosa, its affiliates, and subsidiaries shall comply with any restrictions imposed on industrial customers within the City of Corpus Christi when the City has implemented any provisions of its Water Conservation and Drought Contingency Plan, adopted under Section 55 -156, Code of Ordinances, City of Corpus Christi, or any amendments to the City's Water Conservation and Drought Contingency Plan or successor plan adopted by the City. The failure of Formosa, its affiliate, or subsidiary to comply with the City's Water Conservation and Drought Contingency Plan is a "" under Section 14 of this Contract. b. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, Formosa shall comply with such stricter method of rationing water. 11. Force Majeure. If the City or Formosa are prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, strikes, fires, floods, conservation of water for those with superior and legal rights to such water, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or Formosa, as provided in this Contract, are temporarily suspended during continuation of such force majeure. No damage is recoverable by Temporary Raw Water Contract Between Corpus and Formosa 01092012.docx —204— Formosa from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. if the City's obligation is affected by any of such causes, the City will promptly notify Formosa's Representative in writing, giving full particulars of such force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Right to Terminate. a. Formosa may, by giving 48 hours written notice to the City's Director of Water Operations, cancel, and terminate this Contract in its entirety. Formosa may give the notice by facsimile at (361) 826 -4382. Notice by the same manner must be provided to LNRA. b. The City may terminate this Contract upon written notice to Formosa's Representative and LNRA in the event the combined storage capacity of the City's Lake Corpus Christl -Choke Canyon Reservoir system reaches fifty .(50 %) percent of capacity as determined by the City. 13. Assignability. This Contract may not be assigned by Formosa to an unrelated third party without the prior written consent of the governing body of the City and LNRA, which consent will not be unreasonably withheld. 14. Authority to Execute. In order to make this Contract fully binding, the individual signing this Contract on behalf of each of the parties must have been duly authorized to execute this Contract by proper ordinance or resolution of Its governing body (e.g., the City's City Council and Formosa's managers) and certified copies of the authorization must be furnished by each party to the other party for attachment to this Contract. The City's authorization shall be Exhibit A, and Formosa's authorization shall be Exhibit B. 15. Notices and Addresses. a. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered In person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: City of Corpus Christi Attn.: Director of Water Operations P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Phone: (361) 8261881 Fax: (361) 8261889 Formosa Plastics Corporation -- Texas Attn.: Randy Smith Vice- President/General Manager 201 Formosa Drive Point Comfort, Texas 77978 Phone: (361) 987 -7410 Fax: (361) 987-8121b. b. Either party may change the individual or address to which notice is sent by sending a notice to the address designated in subsection (a) of this section. 5 Temporary Raw Water Contract Between Corpus and Formosa 01092012.docx — 2055'— 16. Regulatory Agencies. Formosa and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto. 17. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability does not affect any other provision hereof, and this Contract will be construed as if such invalid, Illegal, or unenforceable provision had never been contained in this Contract. 18. Captions. Ail titles of the Sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 19. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 20. No Third Party Beneficiaries. This Contract is for the sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 21. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 22. Venue. Performance of this Contract will take place in Nueces County, Texas. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 23. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 24. All Agreements Contained in this Written Instrument. This Contract represents the entire agreement between Formosa and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts, each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of January, 2012. 6 Temporary Flaw Water Contract Between Corpus and Formosa 01092012.docx —20-6 FORMOSA PLASTICS CORPORATION, TEXAS By: Name: Randy Smith Title: Vice - President/General Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF 0a1611 vi § This instrument was acknowledged before me on the 2"14 day of .2= , 2012, by Randy Smith, Vice-President/General Manager, Formosa Plastics Corporation — Texas, on behalf of the corporation. Notary. Public, Stet= of Texas ATTEST: Armando Chapa City Secretary LANA MARIE TAYLOR MY COMMISSION EXPIRES April 19, 2013 CITY OF CORPUS CHRISTI Ronald L. Olson City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager, City of Corpus Christi, on behalf of the City. Notary Public, State of Texas Temporary Raw Water Contract Between Corpus and Formosa 010 22Q2.do c APPROVED: ! 3 day of February, 2012 By: v( Lisa Aguilar, Ass! nt City Attorney For the City Attorney 21 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: February 28, 2012 TO: Ronald L. Olson, City Mana FROM: Rudy Garza RudyGa @cctexas.com 361- 826 -3082 Appropriation of Funds Related to the American Bank Center CAPTION: A. Ordinance appropriating $26,124.47 (residual to the $100,000 received from SMG under contractual obligation to contribute capital for the American Bank Center) from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. B. Ordinance appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000. C. Ordinance appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. D. Ordinance appropriating $100,000 from unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. BACKGROUND AND FINDINGS: Part A: On August 1, 2009, the City of Corpus Christi entered into an agreement with SMG, which provided SMG to contribute $100,000 for capital improvements and equipment purchases to be used for the American Bank Center facility. Since that time, expenditures approved by the Type A Board in the amount of $73,875.53 have been made. Since the purchases have spanned several fiscal years, the residual amount totaling $26,124.47 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". Part A of this agenda item will appropriate these funds so that they can be expensed in this fiscal year. It is anticipated that the remaining balance will be expended by July 31, 2012. Part B: On May 15, 2009, the Corpus Christi Business and Job Development Board (ie, the "Type A Board ") approved to spend $500,000 from Fund 1130 "Arena Facility Fund" for marketing co- promotion to promote, retain, secure, and host various events at the Arena facility. The Type A Board also approved transferring this amount to Fund 4710 "Visitors Facilities Fund ", the City fund which accounts for the capital expenses of the Arena. Since fiscal year 2009, $232,000 of this $500,000 has been expended or committed by the Type A Board for various events. The remaining $268,000 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". Part B of this agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2012 will be reserved in fund balance in Fund 4710' Visitors Facilities Fund" and will either be included in the fiscal year 2012 -2013 operating budget for Fund 4710 ' Visitors Facility Fund" or will be appropriated during fiscal year 2012 -2013 as the need arises. Part C: On May 15, 2009, Type A Board approved $500,000 for the use of capital improvements at the Arena facility. Additionally as part of the fiscal year 2010 -2011 operating budget, an additional $150,000 was appropriated for capital improvements at the Arena facility. As of July 31, 2011, $344,720.09 has been expended or committed for this purpose. The remaining $305,279.91 has been reserved in the fund balance of Fund 1130 "Arena Facility Fund ". Part C of this agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2012 will be reserved in the fund balance of Fund 1130 "Arena Facility Fund" and will either be included in the fiscal year 2012 -2013 operating budget for Fund 1130 "Arena Facility Fund" or will be appropriated during fiscal year 2012 -2013 as the need arises. Part D: At the monthly meeting of the Corpus Christi Business and Job Development Corporation held on September 29, 2011, the Type A Board approved reducing the unreserved fund balance in Fund 1130 "Arena Facility Fund" by $100,000 which was earmarked to address the needs of Centerplate for food and beverage concessions. By taking this action, the Type A Board voted to increase the Arena Maintenance and Repairs org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 1130 "Arena Facility Fund" to $200,000, and to increase the Arena Maintenance /Improvements org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 4710 "Arena Facilities Fund" to $200,000. Part D of this agenda item will appropriate these funds and will authorize the transfer of $50,000 from Fund 1130 "Arena Facility Fund" to Fund 4710 'Visitors Facility Fund". Any unexpended amounts at July 31, 2012 will be reserved in the fund balance for each respective fund. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue © CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered /Expended amount of (date) - - - - This item - $ 699,404 $ - $ 699,404 BALANCE - $ 699,404 $ - $ 699,404 FUND(S): Fund 1130 "Arena Faciity Fund" $100,000; Fund 4710 "Visitors Facility Fund" $599,404 COMMENTS: The SMG contract was approved by the City Council on February 24, 2009. Included in Section 5.4 of the contract was a provision for SMG to contribute $100,000 for capital improvements to be made at the American Bank Center at the City's discretion. The amount(s) on listed in Parts B -D of this agenda item have already been approved by the Type A Board. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: • Financial Services Department • Legal Department LIST OF SUPPORTING DOCUMENTS: None CC: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Page 1 of 1 Ordinance appropriating $26,124.47 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $26,124.47 (residual funds to the $100,000 received from SMG under contractual obligation to contribute capital for the American Bank Center) is appropriated from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $26,124.47. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: i 5. ?, f' By: Lisa Agui Assistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 1 Ordinance appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures for the American Bank Center; changing the FY2011 -2012 Operating Budget, adopted by .Ordinance No. 029155 by increasing proposed expenditures by $268,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $268,000 is appropriated from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- promotion expenditures for the American Bank Center. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $268,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Alien Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: F642 • 11- By: , Lisa Agui Assistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 1 Ordinance appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $305,279.91 is appropriated from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement expenditures. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $305,279.91. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: 9. Do i �— Lisa Aguilar ssistant City Attorney for the City Attorney By: Joe Adame Mayor Page 1 of 1 Ordinance appropriating $100,000 from the unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $100,000 is appropriated from the unreserved fund balance of No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concession. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed by increasing revenues by $50,000 and expenditures by $150,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: Bv: PtA7 .a.,c2 Lisa Aguilaf Assistant City Attorney for the City Attorney Joe Adame Mayor 22 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/9/2012 TO Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com, (361) 826 -3729 Fred Segundo, Director of Aviation FredS@cctexas.com, (361) 289 -0171 Approval of Amendment to Professional Services Contract: Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. BACKGROUND AND FINDINGS: This project will consist of the construction of five taxiways (B -3, B -4, B -5, B -6 and B -7) as identified in the Taxiway Utilization Study. This study provided several recommendations to improve the operational safety and efficiency of Runway 13 -31 including the removal of three connecting taxiways and replacement with the above taxiways (including one high speed taxiway). The scope of work includes: Removal of existing taxiway paving as identified in the Taxiway Utilization Study; Grading and modifications to drainage facilities serving several infield areas; and Installation of new LED taxiway edge lighting and signage to support these taxiway modifications. Plan drawings, specifications and bid items associated with this work will be integrated into the Runway 13 -31 Extension /Shift Project contract documents as an add - alternative to the base bid. ALTERNATIVES: Several alternatives were evaluated as part of the Taxiway Utilization Study; they consisted of different taxiway configurations. This study followed a systematic approach with a goal to improve the safety and efficiency of the taxiway network. The selected configuration was determined to be most efficient while improving safety. OTHER CONSIDERATIONS: The additional taxiways (B -3, B -4, B -5, B -6 and B -7) will be bid as additive alternatives to address potential funding shortfall since FAA will only fund safety related improvements. The remainder will be funded under the Airport Capital Improvement Program as warranted by the actual bids received for the additive alternates. CONFORMITY TO CITY POLICY: -225- Conforms to statutes regarding Request for Qualifications process; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years _ TOTALS Line Item Budget $720,000 $450,000 $17,870,000 $19,040,000 $720,000 $201,800 $18,118,200 Encumbered / Expended Amount $720,000 This item $201,800 BALANCE $248,200 $17,870,000 und(s): Airport ' Comments: Construction is scheduled to begin February 2013. RECOMMENDATION: City Staff recommend executing Amendment No. 7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi international Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, . Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager PROJECT BUDGET Runway 13 -31 - Infield Taxiway Connectors Project No. E11047 February 28, 2012 FUNDS AVAILABLE: Airport CIP Reserves (Estimated) $5,441,800.00 FAA CIP Grant $17,194,500.00 Total Funds Available $22,636,300.00 FUNDS REQUIRED: Construction: (Estimate) Runway 13 -31 $14,101,900.00 Construction (Est.) Infield Taxiway Connectors /Runway 13 -31 $6,220,500.00 Contingencies $622,050.00 Consultant Fees: Consultant - (KSA Engineers, Inc.) * Consultant - (KSA Engineers, Inc.) Amendment 7 (This Item) Materials Testing Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) $868,000.00 $201,800.00 $124,410.00 $171,063.75 $217,717.50 $77,756.25 $31,102.50 TOTAL $22,636,300.00. ESTIMATED PROJECT BUDGET BALANCE $0.00 *Original Contract approved by City Council May 17, 2011. File : \Mpno ecticouncilexhibits exhE11047.dw F•Y 624 ca.PLLs COAT= lay LOCATION MAP NOT TO SCALE CD MCSLC!N ROAD PROJECT # E11047 i ... - -r Fl SITE PLAN NOT TO SG4LE - �3i.Ali 1.k1E Corpus Christi International Airport Runway 1341 Runway Extension CITY COUNCIL EXHIBIT OF ENNEEN P DEPARTMENT ENGINEERING SES PAGE: 1 of 1 AMENDMENT No. 7 To Ar'E AGREEMENT For ARCHITECT /ENGINEER CONSULTANT SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ( "CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and KSA ENGINEERS, INC.,, a Texas corporation or partnership ("CONSULTANT "), acting through its duly authorized representative who is Joncie H. Young. President which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "CONSULTANT' to provide services in connection with City's project, described as follows: CCIA Runway 13 -31 - Runway Extension (Project No. E11047) ( "PROJECT "). (Supplement to Task Order No. 4) 2. SCOPE OF WORK: "CONSULTANT' shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A ". 3. FEE: The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, a revised fee not to exceed $201,800.00 (Two Hundred One Thousand Eight Hundred Dollars and Zero Cents) and a total restated fee not to exceed $2,387,216.95 (Two Million Three Hundred Eighty Seven Thousand Two Hundred Sixteen Dollars and Ninety -Five Cents). See Exhibit 4. DISCLOSURE OF INTEREST — A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C ". All other terms and conditions of the May 17, 2011 contract, as amended, between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED (Date) L— Daniel Biles, P.E. (Date) ector of Engineering Services (Date) APP OVE,p AS T 1 a seaartmen M Date) 0 ce o Management and Budget (Date) ATTEST Armando Chapa, City Secretary KS INEERS, IN Jo P H. side 40 oung, yler Stre gview, Texas i1 (972) 542-2995 Office (972) 542-6750 Fax n ENTERED (Da e) FEB 10 2012 s tv....4C'T W."P��!�c9S v � ..1� J � h 1 . L7 Project Number: E11047 Funding Source :550950- 3020 - 00000- G47E11047 /Amount: $191,710.00 Funding Source: 550950- 3020B- 00000 -G47E 11047 Amount: $10,090.00 Encumbrance Number: K\Engineering CataExchange1ClarissaJ \Airpart1E11047 - CCIA Runway 13-31 Runway ExtensionlAmendmentNo. 7\AMENDMENT No. 7.docx —229— Amendment No. 7 Supplement to Task Order No 4 In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: Infield Taxiway Connectors/Runway 13 -31 Project B. Description: This project will consist of the following items: 1. Construct Taxiways B -3, B -4, B -5. B -6 and B -7 as identified in the Taxiway Utilization Study; 2. Remove existing taxiway paving as identified in the Taxiway Utilization Study; 3. Grade and modify drainage facilities serving the infield area between Taxiway B and Runway 13 -31 and the area affected by the construction of Taxiway B -4 and B -6; 4. Install appropriate LED taxiway edge lighting and signage to support these taxiway paving modifications; 5. All work to be designed to be in full compliance with all FAA design and construction standards; 6. Plan drawings, specifications and bid items associated with this work to be integrated into the Runway 13 -31 Extension/Shift Project (Task Order No. 4) contract documents as an add - alternative to the base bid. 2. Services of Engineer CRP -017M Services to be performed by the Engineer in this Task Order are listed below and described in Exhibit A of this Contract. 1. Amend Preliminary Engineering Report Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Bidding Phase Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. Fees associated with the Bidding Phase are included in Task Order No. 4. —230— AMEND. NO. 7 EXHIBIT "A" Paae 1 of 2 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Completion Date 1. Preliminary Engineering Report Phase (Update) 15 April 2012, 12 :00 :00 pm CDT 2. Preliminary Design Phase 15 ApriiI 2012, 12 :00:00 pm CDT 3. Final Design Phase 1 August 2012, 12:00:00 pm CDT 4. Bidding Phase Advertise 1 November 2012, 12:00:00 pm CDT 5. Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer as described below. The total cost of all services provided under this Task Order will not exceed $ 201,800.00 without prior written approval by the CITY. Service 1. Preliminary Engineering Report Phase: 2. Preliminary Design Phase: 3. Final Design Phase: 4. Bidding Phase: TOTAL FEES CRP -017M —231— Fees $ 4,800.00 $ 98,500.00 $ 98,500.00 $ 0 00 `$201,800.00 AMEND. NO. 7 EXHIBIT "A" Paoe 2 of 2 EXHIBIT B (EXHIBIT B -7) FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL A/E SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Original Contract TASK FEE - Task Order No. 1 - Preparation of Environmental Assessment $161,649.00 Task Order No. 2 - AGIS Airspace Analysis and Data Submittal /Upload $286,416.007 $566,000.00 Task Order No. 3 - Runway 17 -35 Extension /Displacement and Connecting Taxiway Pr ject Task Order No. 411000' - Runway 13 -31 Extension /Displacement and Connecting Taxiway Project $720,000.00 Task Order No. 4A/600' - Runway 13 -31 Extension /Displacement and Connecting Taxiway Project $148,000.00 Task Order No. 5 - Taxiway Utilization Study $80,196.00 $1,962,261.00- Total Original Project Fees Amendment No. 1 Topographic Survey, Plats, Metes & Bounds for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400.00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028.45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 -232- AMEND. NO. 7 EXHIBIT "B" Page 1 of 2 Amendment No. 7 $19,680.00_ $19,680.00 $16,925.00 Total Fee Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) Total Fee $201,800.00 Amended Total Fee $2,387,216.95 ADDITIONAL CONTRACTS Terminal Building Rehabilitation — Sanitizer Installation Design $19,680.00_ $19,680.00 $16,925.00 Total Fee Corpus Christi International Airport Jetway Bridge Holding Position. Markings & Diversion Aircraft Parking Layout Total Fee $16,925.00 -233- AMEND. NO. 7 EXHIBIT "B" Page 2 of 2 CUPPL1 R NUMBER TO BE .1SSKIN }:1)1 `tTS-- T PI.JRtHASI \'G DIVISION easy of Comers. Gllrrsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 1'?. as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question gust be answered. If the question is not applicable;,. answer with See reverse side for Filing Requirements. Certifications and definitions. COMPANY MANY NAiYiI! : Ks; !`1 I=W 1) to l r C 1'. U. BOX: STREET ADDRESS: (Lfo - o CITY: FIRM M IS: 1. . Corporation Partnership ❑ 4. Association 5. Other- C4115( ,6,1 3. Sole Owner ❑ DISCLOSURE QUESTIONS if additionaI space is necessary, please use the reverse side of this page.or attach separate sheet. 1. State the names of each "eanployee" of the City of Corpus Christi 1i wi t , an "ownership interest" constiniiina 3% or more or the ownership in the above named "firm. ` Name Job Title 'and City Department (if known) 2. State the names of each -official" ofthe City of Corpus Christi having an "ownership interest- constituting 3 °'o or more of the, ownership in the above named "Firm." €r `fir e Title 3. State the names of each "bowl member" of the City of Corpus Christi havin4 an '`ownership interest" constituting 3% or more of the omier•ship in the above named "firm. "v Name J Committee E3oard. Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of'the ownership in the above named "fnn." • Consultant —234— FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested actioni will confer an economic benefit on any City official or employee that is distinguishable front the effect that the Action will have on members of the public in general or a sttl ?sutntial segmeit thel'cor, you shall disclose that. fact in a signed writing to the City official, emplace or body that has been • requested to act in the matter, unless the interest. tithe City official or etnployee in the matter is apparent. The disclosure shall also he Crude in ti signed writing filed with the. City Secretary. [Ethics Ordinance Section 2-149 WIT CERTIFICATION I_ON • 1 certif.) that all information provided is true and correct as of the date of this statement. that 1 have not knowingly withheld disclosure at any inthrniation requested: and that supplemental statements will be prthuptly submitted to the City of Corpus Christi, "Texas as changes occur., Certilyiag Person: Lie, 1-', `' ter — Title: e ,c,,r, C7 t1 y pr or Prints Signature of Certifying, Person: NS .a. "I3oard merrrlter." A member or any board. commission, or committee appointed by the City C.outtcil or the City of Corpus Christi. "Texas. b. "Economic benefit''. An action that is likely to affect an economic interest. if h is likely to have an effect on that interest that is distinguishable from its effect on inent.be:rs of the public in general cw a substantial segment thereof. c. "Employee.- Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis. but not as an independent contractor_ d. "Firm.- .Any entity operated for economic gain, whether professional, industrial or commercial. and .whether established to produce or deal with n product or..service_ including but not limited to. entities operated in the fnrrn of sole proprietorship. as self - employed person, partnership, corporation. _joint stock company. joint venture, receivership or trust, and entities which for purposes Of taxation are treated as neon -prcal rt organizations. e. "Official." The Mayor, member's of the City C.ouneil. Cit1 Manager, Deputy City Manager, A.ssistault. City Managers. Department and Division pleads, and Municipal Court .fudges of the City of Corpus Christi. " Fexas, I`. • (Ywnership Interest.- Les;al or evilable interest: whc:ihr:r- aetunlly or constructively held, in a firm, including when such interest is held through an agent. truss, estate, or holclirig entity. "Constructively held" refers to holdings or control established through voting trusts, proxies. or special terms of venture or partnership agreements." at "Consultant," Any person or firm, such as engineers and architects. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. -235- 23 DATE: TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services Danbcctexas.com (361) 826 -3729 Valerie Gray, P.E. Director of Streets and Storm Water Services VGrav a(�,cctexas.com (361) 826 -1875 Foster Crowell, Director Wastewater Services _.-- Fcrowelf(a cctexas.com (361) 826 -1801 Gustavo Gonzalez, Director of Water Services Gg o nzalezCa7 cctexas . co m (361)826 -1874 Debbie Marroquin, Director of Gas Se Dm arroquinCccctexas.com (361)853 -0377 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 1/18/2012 CAPTION: Motion to execute Construction Contract: Woolridge Road from Rodd Field Road to Quebec Drive Motion authorizing the City Manager, or designee, to execute a Construction Contract with Grace Paving & Construction in the amount of $2,719,256.42 for Woolridge Road from Rodd Field Road to Quebec for the Base Bid (Bond 2008). BACKGROUND AND FINDINGS: This section of Woolridge Road has increased traffic due to new subdivision development. The proposed improvements will include: a five -lane roadway with four travel lanes and continuous left turn lane. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, street lighting and signal adjustments. On January 18, 2012, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Grace. Paving and Construction Inc. Corpus Christi, Texas $2,719,256.42.00 Texas Sterling Construction Co. Athens, Tennessee $2,813,782.25.00 Berry Contracting LP, DBA Bay Ltd. Corpus Christi, Texas $3,048,656.45.00 K:IENGINEERING OATAEXCHANGEVROS ERTQISTREETIPROJECTNO. fi493WOOLRIOGEBWBAIROODRELOT000EBECORIVESGRACE PAVING 8 CONSTRUCTION, LARGE AMITY COUNCIL ACTION ITEM.DOCX ALTERNATIVES: 1. Award project as presented 2, Don't award project (not recommended) OTHER CONSIDERATIONS: The City's consultant, LNV Engineering, conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Grace Paving and Construction, Inc of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Grace Paving and Construction, Inc. have the experience and resources to complete the project. City staff recommends that the City award the Base Bid in the amount of $2,719,256.42 to Grace Paving and Construction, Inc. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street, Storm Water, Wastewater, Water, Gas Capital Budgets. EMERGENCY 1 NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Street, Storm Water, Wastewater, Water, Gas FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Line Item Budget Project to Date Expenditures (CIP only) $2,534,900.00 Current Year- $1,357,400.00 Future Years $0.00 Design 1 Expended Amount This item BALANCE 819,934.68 0.00 $1,714,965.32 0.00 2,719,256.42 ($1,361,856.42) Fund(s): Street, Storm Water, Wastewater, Water Gas Operating Comments: The project requires 270 calendar days, with anticipated completion approximately December 2012. RECOMMENDATION: City staff recommends adoption of construction contract as presented. 'LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager 0.00 0.00 $0.00 TOTALS $3,892,300.00 819,934.68 2,719,256.42 $353,108.90 IC:4ENGINEERING DATAEXCHANGESROHERTOISTREETIPROJECTN0. 6493WOOLRIDGEROADFROMRODDFIELDTOQUEBECORIVEIGRACE PAVING & CONSTRUCTION, LARGE AEtClTY COUNCIL ACTION ITEM.DOCX —240— PROJECT BUDGET WOOLRIDGE ROAD FROM RODD FIELD ROAD TO QUEBEC DRIVE Project No. 6493 March 20, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget $1,510,000.00 Storm Water Capital Improvement Budget 1,278,500.00 Wastewater Capital Improvement Budget...... 692,800.00 Water Capital Improvement Budget 400,000.00 Gas Capital Improvement Budget 11,000.00 TOTAL AVAILABLE' $ 3,892,300.00 FUNDS REQUIRED: Construction (Grace Paving & Construction, INC) Base Bid... $2,719,256.42 Contingencies (10 %) 271,925.00 Consultant Fees: Consultant Design (LNV Engineering) * 624,723.00 Construction Materials Testing (Rock Engineering) 35,845.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 107,038.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 87,576.75 Finance Reimbursements 42,923.75 Misc. (Printing, Advertising, etc.) 3,000.00 TOTAL $3,892,288.17 Estimated Project Balance $0.00 * Consultant Contract awarded administratively on July 21, 2009 motion No. M2009 -198 Construction Observation Services included in LNV Engineering's consultant contract. -241 - ect counclexhibits exh6493.dw PROJECT # 6493 VICINITY MAP NOT TO SCALE BOND ISSUE 2008 WOOLDRIDGE ROAD FROM RODD FIELD ROAD TO QUEBEC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 111111M, MEM IOW I=11 24 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services o) danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Service foster @cctexas.com (361) 826 -1801 C =. Approval of Construction Contract: Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $353,425.00 for Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements for the Base Bid and Additive Alternate No. 1. BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Wastewater Department's FY 2011 -2012 Operating. Budget. The contract has bid and City Council approval is required for construction to commence. The project consists of rehabilitating the existing plant lift station force main from the lift station to the influent structure. On February 2, 2012, the City received proposals from seven (7) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate No.1 Associated Construction Partners, LTD Boerne, Texas $348,425.00 $5,000.00 Jhabores Construction Corpus Christi, Texas $356,485.00 $15,000.00 Clark Pipeline Corpus Christi, Texas $381,146.05 $5,352.00 ALTERNATIVES: Additive Alternate No. 1 consists of providing and installing safety grates at two existing access hatches. K'ENGINEERING DATAEXCHANGE1vELMAP \WASTEWATER1EasGB5 (7445) GREENWOOD WWTTP 11 STATION EMPSICONSTRUCTION FEB 2o12■1 AGENDA ITEM.DOCx OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the seven proposals submitted to the City. The lowest bidder based on the Total Base Bid is Associated Construction Partners, LTD of Boerne, Texas. Based on the information submitted for Special Provisions. A -28, A-29, and A -30, Associated Construction Partners, LTD. has the experience and resources to complete the project. Urban Engineering recommends that the City award the Base Bid plus Additive Alternate No. 1 in the amount of $353,425.00 to Associated Construction Partners, LTD. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Operating Budget. EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $400,365.00 $400,365.00 $46,940.00 Design / Expended Amount $46,940.00 This item $353,425.00 $353,425.00_ $0.00 BALANCE $0.00 und(s): Wastewater Operating Comments: The project requires 160 calendar days, with anticipated completion approximately October 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be, awarded to Associated Construction Partners, LTD. of Boerne, Texas in the amount of $353,425.00 for the Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -246 - K:LENGINEERING DATAEXCHANGEWELMAPIWASTEWATER1ED9005 (7445) GREENWOOD WN 1V LIFT STATION IMPSICONSTRUCTIDN FEB 201241 AGENDA ITEM.DOCX PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT LIFT STATION FORCE MAIN IMPROVEMENTS Project No. E09005 February 28, 2012 FUNDS AVAILABLE: Wastewater Operating (2011 -2012) $466,632.19 FUNDS REQUIRED: Construction (Associated Construction Partners, LTD) Base Bid + Add. Alt. No. 1 $353,425.00 Contingencies (10 %)... 35,342.50 Consultant Fees: Consultant Design (Urban Engineering) * 39,930.00 Construction Observation Services (Urban Engineering) * *. 7,010.00 Construction Materials Testing (Allowance) ... 7,068.50 Reimbursements: Contract Administration (Contract Preparation /AwardfAdmin) 9,719.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 12,369.88 Misc. (Printing, Advertising, etc.) 1,767.13 TOTAL $466,632.19 * Consultant Contract awarded administratively on November 29, 2011. ** Construction Observation Services included in Urban Engineering's consultant contract. -247- File : \ Mproject \councilexhibits\exhE09005c.dwg CARPUS E CHRISTI . INTERNATIONAL 53 BEM AIRPORT • LOCATION MAP GREENWOOD WASTEWA TER TREATMENT PLANT LIFT STATION FORCE MAIN IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 -- =V IMMO 25 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/14/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services en DanB @cctexas.com, (361) 826 -3729 Approval of Amendment to Professional Services Contract: DOWNTOWN STREETS - CHAPARRAL (STREET SIGNALIZATION FOR TWO WAY CONVERSION) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $142,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. BACKGROUND AND FINDINGS: The original project scope includes preparation of traffic signal plans, technical specifications, summary of quantities, and estimate of probable cost for three intersections; Chaparral/William, Chaparral /Lawrence, and Chaparral /Schatzel. The signals shall accommodate two way traffic. The plans and technical specifications will be provided to Gignac and Associates for inclusion' in the overall Chaparral Street Improvements project. Traffic Signal hardware shall be selected by Gignac and Associates. This amendment modifies the original scope to include the sections of Chaparral from Cooper's Alley to William and from Schatzel to IH -37. This will ensure orderly traffic flow and pedestrian safety along the entire length of Chaparral. This amendment also adjusts signals for two way traffic and installs push button pads with features for the visually impaired. ALTERNATIVES: 1. Proceed with executing Amendment No. 1 with HDR Engineering as recommended to ensure traffic and pedestrian safety. 2. Do not proceed as recommended. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. RFQ No. No. 2008 -05 Bond Issue 2008 and Other Projects was distributed on September 19, 2008 to 206 firms. The firms' qualifications were reviewed by a Selection Committee. On February 25, 2010, Gignac Architects was selected to provide Architect/Engineer Consultant Services for the Downtown Streets - Chaparral. HDR Engineering Inc. of Corpus Christi, Texas is -251- part of the Gignac Team as a sub consultant. During negotiations with Gignac it was determined to be most advantageous to the City for the signal. design to be issued as a separate contract with HDR Engineering. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP . Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $91,600.00 $500,000.00 $408,400.00 $1,000,000.00 Encumbered / Expended Amt $91,600.00 $91,600.00 This item $142,000.00 $142,000.00 BALANCE $358,000.00 $408,400.00 $766,400.00 und(s): Streets Bond 2008 Street Signalization Comments: After the completion of the original project scope the street department will seal coat and stripe the additional sections of Chaparral Street. RECOMMENDATION: City Staff recommend executing Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $142,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica °canes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -252- PROJECT BUDGET Downtown Streets - Chaparral - BOND 2008 Project No. 6510 February 28, 2012 FUNDS AVAILABLE: Streets (Bond 2008) Downtown Streets - Chaparral $2,000,000.00 Streets (Bond 2008) Traffic Signalization $142,000.00 Utilities CEP $1,500,000.00 Total $3,642,000.00 FUNDS REQUIRED: Construction: (Estimate) $2,200,000.00 Contingencies (5 %) $110,000.00 Consultant Fees: Consultant (Gignac Architects) * $757,883.00 Consultant (HDR Engineering) ** $97,250.00 Consultant (HDR Engineering) Amendment No. 1 $142,000.00 Materials Testing $44,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE * Contract was awarded by City Council on June 29, 2010. * *Contract was awarded by City Council on September 27, 2011. -253- $40,000.00 $70,000.00 $25,000.00 $10,000.00 $3,496,133.00 $145,867.00 File : \ Mproject \councilexhibits\exh651Oc.dwg CORPUS CHRIS Y RAN CORPUS CHRISTI {NTERNATIDNAL AIRPORT PROJECT LOCATION McGLOIN n 1 d RD. LOCATION MAP NOT TO SCALE EBAGO $ AMENDMENT 1 PARTS CHAPARRAL FROM SCHATZELL TO 1 -37 LEOPARD ST. ORIGINAL PROJECT SITE CHAPARRAL FROM WILLIAMS TO SCHATZELL MESi1NA ST. NUECES COUNTY COURTHOUSE y JO D\n' 8 I ANCHE PROJECT # 6488 tv SITE PLAN NOT TO SCALE AMENDMENT 1 PART CHAPARRAL FROM WILLIAMS TO COOPER'S CORPUS C3fRISgj B.41I Chaparral Street. Signalization for Two Way Conversion CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 oft NNE, Imo elosalallquio AMENDMENT NO. 1 CHAPARRAL STREET SIGNALIZATION FOR TWO WAY CONVERSION (CITY PROJECT NO. 6510) CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469.9277 (City) acting through its duly authorized City Manager or Designee and HDR Engineering, Inc., a Nebraska corporation, 8404 Indian Hills Drive, Omaha, Nebraska, 68114, with offices at 555 N. Carancahua St., Suite 1650, Corpus Christi, TX 78401 (Architect/Engineer - A /E), hereby agree to the following amendments to the Contract for Professional Services as authorized and amended by: Original Contract September 27, 2011 Motion No. M2011 -206 $97,250.00 Exhibit A, Part 1. SCOPE OF SERVICES, Section B. Basic Services is amended to add the following: Design, Bid and Construction phase services shall be included for the intersections assessed as a preliminary phase for Project B only as further defined in Exhibit A -1 attached. Exhibit A, Part 1. SCOPE OF SERVICES, Section B. Additional Services is amended to add the following: Topographic surveys of the Cooper's Alley, John Sartain St., and Twigg St. intersections with Chaparral St. will be conducted as necessary for the preparation of signal plans for these intersections only as further defined in Exhibit A -1 attached, Exhibit A, Part 2. SCHEDULE, is amended by the substitution of the following table for that in the original contract. The schedule is subject to Council Approval on the date shown DAY I DATE ACTIVITY PROJECT A (ORIGINAL CONTRACT) Tuesday August 23, 2011 Council Approval of Contract Friday Immediately Begin Design Phase Friday September 15, 2011 Pre -Final Submittal 90% Friday September 19, 2011 Review Meeting Monday September 22, 2011 Final Submittal 100% PROJECT B (ORIGINAL CONTRACT) Tuesday August 23, 2011 Council Approval of Contract Friday August 26, 2011 Begin Preliminary Phase Friday October 7, 2011 Submit Draft Report Friday October 21, 2011 Review Meeting -255- K:1Engineering DataExchange lClarisseAStreet06510 - Downtown Streets (Chaparral) Hand Issue 2008\HDR - Amendment No. 11AM ENDMENT NO 1.docx AMA. NO.1 Page 1 of 3 PROJECT B (AMENDMENT NO. 1) TUESDAY FEBRUARY 21, 2012 COUNCIL APPROVAL OF CONTRACT WEDNESDAY FEBRUARY 22, 2012 BEGIN DESIGN FRIDAY MAY 4, 2012 PREFINAL SUBMITTAL WEDNESDAY MAY 16, 2012 REVIEW MEETING FRIDAY MAY 25, 2012 FINAL SUBMITTAL WEDNESDAY MAY 30, 2012 ADVERTISEMENT TO CALLER TIMES MONDAY JUNE 4, 2012 ADVERTISE FOR BIDS 1 MONDAY JUNE 11, 2012 ADVERTISE FOR BIDS 2 WEDNESDAY JUNE 13, 2012 PREBID CONFERENCE WEDNESDAY JUNE 20, 2012 RECEIVE BIDS FRIDAY JUNE 29, 2012 AGENDA ITEM PREPARED TUESDAY JULY 10, 2012 COUNCIL FUTURE AGENDA ITEM TUESDAY JULY 17, 2012 COUNCIL APPROVAL OF CONTRACT THURSDAY AUGUST 16, 2012 PRECONSTRUCTION CONFERENCE MONDAY AUGUST 27, 2012 _ NOTICE TO PROCEED MONDAY TBD CONSTRUCTION COMPLETE Note: The schedule shall be adjusted to recognize the City council Approval of the amendment Exhibit A, Part 3. FEES, is amended by the substitution of the following table for that in the original contract. SUMMARY OF FEES ORIGINAL CONTRACT BASIC SERVICES 1 Preliminary Phase PROJECT B $24,500.00 2 Design Phase PROJECT A $57,500.00 3 Bid Phase PROJECT A $3,750.00 4 Construction Phase PROJECT A $11,500.00 Subtotal Basic Services $97,250.00 ADDITIONAL SERVICES Subtotal Additional Services $0.00 TOTAL AUTHORIZED FEE ORIGINAL CONTRACT $97,250.00 AMENDMENT NO. 1 BASIC SERVICES 2 Design Phase PROJECT B $115,000.00 3 Bid Phase PROJECT B $8,000.00 4 Construction Phase PROJECT B $15,000.00 Subtotal Basic Services $138,000.00 ADDITIONAL SERVICES 1 TOPOGRAPHIC SURVEYING (3 INTERSECTIONS) $9,000.00 Subtotal Additional Services $9,000.00 TOTAL AUTHORIZED FEE AMENDMENT NO. 1 $147,000.00 TOTAL FEE $244,250.00 —256— AMD. N0.1 Pam All other terms and conditions of the September 27, 2011 contract between the City and NE will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez Date Assistant City Manager RECOMMENDED Daniel Biles, P.E. Date Interim Director of Engineering Services APPROVED AS TO FORM Office of Management and Budget Date City Attorney ATTEST Date Armando Chapa, Date City Secretary 1' HDR ENGINE NG, INC. / 407_ Carl E. Cruli, P.E. Date Vice President 555 N. Carancahua St., Suite 1650 Corpus Christi, TX 78401 (361) 857 -2211 Office (361) 857 -7234 Fax _257_ K:Engineering DataExchangelClarissa )SStreetst6510 - Downtown Streets (Chaparral} Bond Issue 2008\HDR - Amendment No. ILkMF.NDMENT NO I.docx ENTERED FEB 082012 AMA. NO.1 Page 3 of 3 EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") AMENDMENT NO. 1 CHAPARRAL STREET SIGNALIZATION FOR TWO WAY CONVERSION (CITY PROJECT NO. 6510) CITY OF CORPUS CHRISTI BASIC SERVICES Preliminary Phase: There are no preliminary phase services included in this amendment. A preliminary condition assessment and estimate of probable costs was developed as part of the original contract and submitted to the City on October 28, 2011. This amendment will provide professional services to implement the work described in Scenario 2 of that report. Design Phase: This scope of services is to prepare traffic signal plans at the following eight intersections in Corpus. Christi, Texas. 1. Chaparral Street and Coopers Alley 2. Chaparral Street and John Sartain Street 3. Chaparral Street and Peoples Street 4. Chaparral Street and Starr Street 5. Chaparral Street and Taylor Street 6. Chaparral Street and Twigg Street 7. Chaparral Street and 1H 37 (two intersections) The intersection of Chaparral Street and Coopers Alley is currently unsignalized. All the other intersections are currently signalized. The signal plans will be prepared to modify the existing signal system to accommodate the conversion of Chaparral Street from one -way to two -way operation. The scope of services is provided as outlined below. Changes to the assumed scope of services may result in increased project costs, This phase will include the following tasks: 1. A letter report to the City dated October 28, 2011 out9ines two scenarios for the necessary signal modifications. The modifications outlined in Scenario Two will be the basis of the work included herein.. 2. HDR will meet with the City of Corpus Christi (City) to obtain necessary information, review design requirements, and establish project schedule. One (1) meeting has been assumed for budget purposes. 3. HDR will provide City updates on project progress. Updates will be provided by email and telephone as needed. 4. Coordinate with the project team to obtain electronic base information for the seven intersections described previously. This estimate assumes that all geographic data necessary to complete the project is available. 5. Coordinate with Texas One Call System to locate all utilities in the field. 6. Conduct a field review of the above intersections to identify power connection, potential utility conflicts, proposed controller locations, existing conduit and signal wiring, and any other details necessary for signal plan preparation. 7. Prepare a draft set of plans which will include existing intersection layout, proposed signal layout, pole and conductor schedules, wiring diagrams, traffic signal foundation, signal quantities, applicable design standards, and opinion of probable cost. 8. Submit draft sets of plans, quantity estimates, and opinion of probable cost to City for review. This proposal assumes that there will be only two submissions: 90% submittal which would include the complete plan set for the City of Corpus Christi's review and 100% submittal which would include the final plan sets addressing all City comments, 9. Meet with City to review 90% submittal comments. One (1) meeting has been assumed for budget purposes. —258— EXHIBIT "A -1" Page 1 of 2 10. Prepare final sets of plans, quantity estimates, and opinion of probable costs which incorporates all previous comments, and submit a signed /sealed set to the City. 11. Prepare bid documents which will include the technical specifications for the signal design. The boiler documents for the bid documents will be provided by the City. 12, Submit a draft set of bid documents for City's review. 13. Prepare a final set of bid documents addressing all City comments. It should be noted that this scope of work does not include design of roadway or sidewalk features which may need to be installed or replaced to provide fully functional intersections and two way traffic. It is understood that should it be necessary, the City will be responsible for any modifications to existing accessibility ramps and installation of new accessibility ramps as required. The City will also be responsible for all changes to parking layouts, striping and signage necessary to implement the two way conversion. All work which is not included as modification of existing traffic signals will be considered as additional services and handled under a separate work authorization. Bid Phase: In this phase HDR will perform the following: 1. Participate in pre -bid conference. 2. Assist the City in solicitation and review of bids. 3. Review pre -bid questions and submissions and prepare any addenda or other revisions if necessary. 4. Aftend bid opening, 5. Prepare bid tabulation, 6. Review contractor qualifications, 7. Analyze bids, 8. Recommend contract award. Construction Phase (Administration Services Only) In this phase HDR will perforrn the following: 1. Participate in pre - construction meeting and provide interpretation and clarification of contract documents. 2. Review shop drawing submittals of signal items from contractor. 3. Address any questions from contractor regarding design and specifications. 4. Assist in the preparation of change orders. 5. Make one visit of four hour duration to the site on a monthly basis to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. A total of four monthly visits are assumed for budgeting purposes. 6. Participate in the final inspection with City staff. 7. Prepare record drawings based on information received from the contractor and project representative. It should be noted that this proposal does not include construction observation services and this service would be handled as additional services, if required by the City. Additional Services Additional services include the topographic survey of the Cooper's Alley, John Sartain St. and Twigg St. intersections with Chaparral Street necessary to prepare signal plans. At the IH -37 intersections, the City will make available Autocad record drawings of the improvements (City File Nos. BAF 207,Baf 208 and BAF 209). At the Peoples St., Starr St., and Taylor St. intersections, HDR will utilize the survey information previously prepared under City Project No. 6510 in anticipation of receipt of grant funds for further improvements. To supplement that information, the City will provide .pdf format copies of the intersection improvements that were constructed in 1982 (City File No. STR 595). EXHIBIT "A -1" Page 2 of 2 —259— City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY Cl I Y PURCHASING DIVISION Exhibit C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1650 CITY Corpus Christi, TX ZIP: 78401- FIRM IS 1. Corporation 4. Association El 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant -260- FILING REQUIREMENTS lilt person who requests official action on a matter knows that the rcq €rested action will confer an • economic benefit On any City official or emplo∎. ce that is distinguishable iron the effect that the action will have on member's dine public in general or a substantial segment thereof, you shall disclose that 'her in a signed writing to the City trl icial. employee or body that has been requested to act in the matter, unless the interest of the Cite official or employee in the matter is apparent_ The disclosure shall also be made in signed writing filed wv'ith the City Secretary, [Ethics Ordinance Section 2-349 (d)1 CER'1I fCKIlON 1 certify that all information provided k true and correct as of the dine of this statement. that 1 have not knowingly withheld disclosure of any information requeste€1: and that supplemental statements nts Still be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: Carl 1 . C:rtrli . I t) sir 4 Prim) Signature or Certifying Person: DEFINITIONS Nifc.e.Prcyiclent a. "[Board member.'" A tittertthe:r of any board. commission. or committee appointed by the City (.7ottncil of the City- of Corpus Christ L. Texas, b. " Eeerno nic benefit-. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable floni its effect on members or the public in general or a sttbstantial'segn ettt thereof. t:. "Eittplo ee." Any person employed b) the City of Corpus Christi. Texas either on a full or- part- time basis. but not as an independent contractor, d- An}` entity operttcd .for economic: ga in. ewe -they prttfct7nal. industrial or commercial. and whether established to produce or deal with a product or service. includinti but not limited to, entities operated in the form of sole proprietorship, as self- employed person. partnership. corporation. ,joint stock ec.)mpkuly ,joint venture, r'eccivc.r;hip or trust- and entities rvhich for purposes of taxation are treated as non-profit organizations. t:. "Official.' The Mayor, members of the .City Council, City Manager, Deputy City Matufger, Assistant City Managers, Department and l:)iw'isiern [-lends, and Municipal Court Judges of the City of Corpus Christi. Texas. f. " Uryrtcrship Interest," Legal or equitable interest. whether actually or constructively held, in a l'irrn. including when such into. nterest rs. In2.1d through an agent. (rust. eStale, or holding Qinity. "Constructively held - get .a.s. to holdings or control established through voting trusts. proxies. or special [eons of venture or partnership a €reernents,,. `Consultant. - Any person or firm. such as engineers and architects, hired by the i-'i1w of Corpus Christi for the purpose of professional consultation and rtcnrt1n cndalk011. -261- 26 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, interim Chief of Police richardb @cctexas.com 361- 886 -2603 Constance P. Sanchez, Director of Financial Services constancep @cctexas.com 361- 826 -3227 Amending current contract with. RedFlex Traffic Systems, Inc. for Installation of Additional Red Light Cameras and Executing a Second Agreement with RedFlex Traffic Systems, Inc. for Citation Verification Services as it relates to the Flagging of Vehicle Registrations CAPTION: Part A: A motion authorizing an amendment to the agreement between the City of Corpus Christi, TX and Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program. Part B: A motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. BACKGROUND AND FINDINGS: Part A: The amendment to the agreement referenced in the first part of this agenda item extends the existing contract for an additional five -year term with the right to renew for two additional five -year periods. The terms and conditions for the monthly fees in the renewal remain the same at $4,870 per month per camera and allows for the retrofitting of six designated intersection approaches from the current video detection system to inductive loops and for the re- location of cameras at three designated intersection approaches. The re- locations, however, will be contingent on the successful installation of three new approaches for each re- location. The existing agreement was approved by the City Council on January 30, 2007. At that time, request for proposals was solicited, and there were two responders. Based upon a "best value" valuation, Redflex Traffic Systems, Inc. was awarded the contract. The term of the agreement began on March 26, 2007 -- the date that the first camera became operational. The initial agreement was for a 5 -year term with two one -year renewals. As part of the initial contract, the City has elected to renew the existing contract for an additional 30 -day period to April 26, 2012. Part A of this agenda item extends the term of the initial contract for another 5 -year period with two automatic 5 -year renewals and will fix the per camera monthly fee at the current rate for the term of the renewal. -265- Part B: The second part of this agenda item is requesting authorization to execute a second agreement with Redflex Traffic Systems, Inc. to provide citation verification services as it relates to the flagging of vehicle registrations for individuals who are delinquent in paying their red light camera violations. The term of this agreement coincides with the term of the amendment noted in Part A and is for a period of five years with the right to automatically renew for two additional five -year periods. The cost to the City of Corpus Christi will be payment to Redflex in the amount of $10.00 for each "flag" file submitted to the Texas Department of Motor Vehicles. A similar such agreement was executed with Reflex Traffic Systems, Inc, in March 2011 but this new agreement will now be linked with the terms of the main Redflex Traffic Systems, Inc. agreement noted in Part A of this agenda item. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Since the flagging of vehicle registrations began in March 2011, collections on red Tight violations have increased significantly. From March 2011 to April 2011, the City of Corpus Christi realized an increase of 17 %. Then from April 2011 to May 2011, collections increased by 36.8% and have been consistently higher each month since March 2011. Approval of Part B of this agenda item will enable the continuance of this program to potentially increase collections even further. FINANCIAL IMPACT: Part A: a Not Applicable X Operating Expense o Revenue o CIP FISCAL YEAR Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget for Redlight Enforcement - $ 1,886,826 $ 7,597,200 $ 9,484,026 Encumbered /Expended amount of February 20, 2012 - $ 495,764 , - 495,764 This item - $ 189,930 $ 7,597,200 $ 7,787,130 BALANCE - $ 1,201,132 - $ 1,201,132 FUNI3(S): Fund 1045 Redlight Photo Enforcement COMMENTS: The amount listed as the current year expenditure for this item represents the cost budgeted for Fiscal Year 2011 -2012 for 13 cameras at $4,870 per month for 3 months remaining in the fiscal year (April 26, 2012 — July 31, 2012). The future years' expenditures represent this annual cost for two additional 5 -year terms for the existing 13 cameras -- which is a cost of $7,597,200 ($759,720 per year x 5 years x 2 renewal periods). As additional cameras are added, additional —266— revenue will also be collected to offset the cost of the cameras. Additionally, the contract assures "cost neutrality" for the City of Corpus Christi — meaning that the maximum fee that the City would pay Redflex each month is the "fixed fee" (i.e., the price per camera per month). Each month, the revenue generated from the red light camera violations is compared to the fixed fee, and the City is obligated to pay Redflex only to the extent that the revenue generated exceeds the cost. In the event that there is not revenue generated to cover the fixed fee, the difference is carried forward to be paid from future surpluses. In the event that the contract terminates prior to the City paying off the balance, Redflex agrees to forfeit the balance owed. For Fiscal Year 2011 -2012 over $2,500,000 of revenue was budgeted for red light camera violations. This revenue is used to cover the cost of the program (including this contract and police officers' costs) as well as "allowable" traffic safety costs. The remaining amount will then "split" with the State of Texas on a 50 % -50% allocation at the end of the fiscal year. The City's portion remains in the "Redlight Photo Enforcement Fund" and can only be used for "allowable" traffic safety costs or programs. Part B: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget for Redlight Enforcement - $ 1,886,826 $ 312,000 $ 2,198,826 Encumbered /Expended amount as of February 20, 2012 plus Part A - $ 495,764 $ 189,930 - $ 685,694 This item - $ 7,800 $ 312,000 $ 319,800 BALANCE - $ 1,193,332 - $ 1,193,332 FUND(S): Fund 1045 Redlight Photo Enforcement COMMENTS: The amount listed as the current year expenditure for this item represents the cost budgeted for Fiscal Year 2011 -2012 for flagging an estimated 260 vehicle registrations per month at $10 per flag for 3 months remaining in the fiscal year (April 26, 2012 — July 31, 2012). Included in the encumbered/expended amount are actual expenditures incurred through February 20, 2012 and the expenditures to be incurred for Part A of this agenda item. The future years' expenditures represent this cost annualized for the term of the contract - which represents two 5 -year renewals. Using the estimation of 260 flags per . month for 12 months, this equals 3,120 flags being placed annually at $10 per flag for an annual cost of $31,200. Then when you multiply this by the term of the renewal period (two 5 -year period), this equates to $312,000. It should also be noted that the August 31, 2011 aging report reflects outstanding balances for vehicles registered in Nueces County 91 days past due or greater for red light camera violations to be $2,050,619.95. The annualized cost for flagging the vehicle registrations of $31,200 represents only 1.5% of the outstanding balance which appears to be a good return on the City's investment. RECOMMENDATION: Approval of both motions CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY 1 NON- EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: • Legal • Police Department • Financial Services LIST OF SUPPORTING DOCUMENTS: Contract for Amendment Contract for Citation Verification Services Program Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Margie C. Rose, Assistant City Manager AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Amendment ( "Amendment ") is made as of the date of the last signature contained herein to the Agreement for Photo Red Light Enforcement Program (the "Agreement ") made on or about January 30, 2007 between Redflex Traffic Systems, Inc. ( "Redflex "), a Delaware Corporation with offices located at 23751 N. 23rd Avenue, Suite 150, Phoenix Arizona 85085 and The City of Corpus Christi (the "Customer" and/or the "City "), Texas, a municipal corporation with offices at 1201 Leopard Street, Corpus Christi, Texas 78401, individually the "Party" and collectively referred to as the "Parties ". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce photo red light violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions on municipal streets that will be monitored pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows: AMENDED TERMS AND CONDITIONS 1. Extension of Initial Term. The term of the Agreement shall be extended for an additional five (5) years ( "Extended Term ") commencing on April 26, 2012. Thereafter, the Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non - renewal at least thirty (30) days prior to expiration of the then current term. 1 —269— 2. Termination for Cause. Provision 6.1. of the Agreement, entitled, "TERMINATION FOR CAUSE:" is hereby deleted in its entirety and replaced with the following language: "6.1. TERNIINATION FOR CAUSE. Either party shall have the right to terminate, by written notice to the other party, this Agreement as follows: 1) after 120 days in the event of a termination for cause under provision 6.1(i) or 6.1(iv); or 2) immediately in the case of termination for cause under 6.1(ii), 6.1(iii), or 3) after the expiration of the 45 calendar day cure period in the case of termination under provision 6.1(v), if any of the following termination for cause events occur: (i) Texas or Federal laws are enacted or amended to prohibit or substantially change (the "Change ") the operation of photo red light enforcement systems and the Change that affects the operation of the photo red light enforcement systems cannot be successfully resolved, cured or mitigated within 120 days after the enactment or amendment; (ii) any Court having jurisdiction over any Texas municipality or other Texas local government, rules, or Texas or Federal law declares, that results from photo red light enforcement are inadmissible in evidence; (iii) any court having jurisdiction over any Texas municipality or over any other Texas local government rules that use of photo red light enforcement systems violates State or Federal law; (iv) the City of Corpus Christi is enjoined by a Court of law from enforcement of the City ordinance regarding photographic traffic signal enforcement system or enjoined from enforcement of this contract and the injunction cannot be successfully lifted, resolved, cured or mitigated within 120 days after the injunction was entered by the Court; or (v) the other party commits any material breach of any of the provisions of this Agreement. In the event of termination due to Section 6.1(ii), or 6.1(iii), Customer shall be immediately relieved of any remaining obligations for payments to Redflex. In the event of termination due to Section 6.1(i), or 6.1(iv) above, Customer's payment obligations to Redflex shall be waived only from date of the enactment of the Change as defined in Section 6.1 (i) or date of the injunction by a Court as described in Section 6.1 (iv), until such time as the cause for the termination is successfully resolved, cured, or mitigated to the extent reasonably and legally permissible under the circumstances. In the event of termination after the expiration of the periods expressly described in section 6.1(i) or 6.1(iv), then Customer shall be immediately relieved of any remaining obligations for payment to Redflex. In the case of termination under Section 6.1 (v) above, either party shall have the right to remedy the cause for termination within forty-five calendar days (or 2 —270— within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed), after written notice from the non- causing party setting forth in reasonable detail the events of the cause for termination. If a breach by Redflex remains uncured after forty -five calendar days, then the City may terminate the Agreement immediately by written notice to Redflex and the City shall be relieved of any further obligations for payment to Redflex. 3. Termination for Convenience. Provision 6.3 of the Agreement, entitled "TERMINATION FOR CONVENIENCE" is hereby deleted in its entirety and replaced with the following language: "6.3 TERMINATION FOR CONVENIENCE. The Customer may terminate this Agreement without cause at any time by giving thirty (30) days written notice of termination to Redflex. In the event the Customer terminates this Agreement without cause the Customer shall pay to Redflex an amount equal to the unamortized cost, as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment cost and salvageable material costs) solely associated with the installation of Intersection Approaches which have been installed prior to termination based on the following: 1. A seven (7) year, month by month amortization schedule for all Intersection Approaches (referred to as the "Intersection Approach 7 Year Amortization Schedule" and attached to this Amendment as Exhibit "1 "). This amortization schedule shall commence as of the "Go Live" date of each Intersection Approach. Redflex shall provide an itemization, with supporting invoices and labor expense documentation, to the Customer of the amount of direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach within thirty days of the completion of each intersection approach, said amount is expected to be in the range of $20,000 to $40,000 per Intersection Approach, but in no event shall said amount exceed $40,000 per Intersection Approach. Notwithstanding the foregoing, for each Intersection Approach for which there are between twelve (12) to twenty -four (24) complete months between the execution date of this amendment and the date of termination without cause, the unamortized cost amount to be paid by the Customer to Redflex pursuant to this section shall not exceed the amount which the Customer received from paid Notices of Violation attributable to the Intersection Approach through the date of termination. 3 —271— 4. Modifications to Exhibit "B ". EXHIBIT "B" of the Agreement, entitled "Construction and Installation Obligations" is hereby amended by adding the language as follows: "Redflex shall, at Redflex' sole expense, retro -fit the following six (6) Designated Intersection Approaches from the current video detection system with inductive loops or other preferred detection devices as mutually agreed upon by both Parties in writing, in accordance with schedule mutually agreed to by Redf lex and Corpus Christi Police Department Captain with oversight of the Red light camera program. 1. CCR EVHO -01 Everhart Rd and Holly Rd (NB) 2. CCR- EVHO -02 Everhart Rd and Holly Rd (SB) 3. CCR - GRGO -01 Greenwood Dr and Gollihar (SB) 4. CCR - HOWE -01 Holly Rd and Weber Rd (EB) 5. CCR- OCDO -01 Ocean Dr and Doddridge Rd (NB) 6. CCR STWI -01 Staples St and Williams Dr (NB) Redflex shall relocate the following Designated Intersection Approaches listed below if and only if 1) the City Manager approves the addition of three (3) new approaches (the "Three Additional Approaches" or "Newly Added Approaches ") per each relocated Designated Intersection Approach; and 2) the "Three Additional Approaches" are successfully installed, implemented and become fully operational prior to the commencement of any relocation activities regarding any of the below Designated Intersection Approaches: 1. CCR - YOCI -01 Yorktown Blvd and Cimarron Blvd 2. CCR- MCA -01 McArdle Rd and Airline Rd (WB) - survey NB, EB and SB 3. CCR-AYBA-0 1 Ayers St and Baldwin Blvd (NB)" 5. Provisions Deleted from Exhibit "D ". The following provisions listed below from the section entitled, "BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:" of EXHIBIT "D ", "COMPENSATION & PRICING" are hereby deleted in their entirety: "4. A Designated Intersection Approach can be relocated to an alternative location at the request and expense of the Customer. Such costs will be supported by actual invoices from contractors providing the relocation services." and "5. NON PRODUCTIVE CAMERAS. If the Customer and Redflex mutually agree that a camera does not provide public value or has not reached the desired safety goals, a new location will be mutually selected and the camera will be moved at NO COST to the Customer. If no further locations are mutually agreed upon the Customer will inform Redflex in 4 —272— writing and the camera will be removed at NO COST to the Customer within thirty (30) calendar days after the receipt of the written notice. The billing for the camera will stop immediately upon receipt of the written notice." 6. Provisions Added to Exhibit "D ". EXHIBIT "D ", entitled "COMPENSATION & PRICING ", is here by amended by adding the language as follows: "Additionally, Customer shall be obligated to pay to Redflex a fixed fee of $4,870 per month for each of the Newly Added Approaches. The Cost Neutrality provisions of Exhibit D apply to fixed fees for the Newly Added Approaches." 7. Modification to EXHIBIT "A ". Exhibit "A ", entitled "Designated Intersection Approaches" is hereby amended to include the below quoted language as follows: "This contract is for the operation of at least thirteen (13) cameras. Selection of additional enforced intersection approaches will be determined by the City Manager upon meeting the appropriate benchmarks of violation volume, traffic volume, and crash data to be provided by the City Manager or his designee and Redflex." 8. Road Repairs & Construction Projects. The operation of an installed camera shall be temporarily suspended as a result of any Customer - authorized road repairs, street improvements or stop work order that interrupts, impedes, obstructs or interferes with the successfiil performance of the installed camera for a period of fourteen (14) or more calendar days. 9. Commercially Reasonable Adjustments. On the third anniversary of the execution of this Amendment and each subsequent third anniversary thereafter, the Parties agree to examine in good faith the underlying financial requirements and compensation requirements of the Agreement and, if necessary, negotiate mutually acceptable and commercially reasonable adjustments ( "Adjustment(s) ") thereto. Any and all Adjustment(s) shall be enforceable only if in writing signed by authorized representatives of both Parties. 10. Enforceability of Non - Amended Terms and Conditions. Except as expressly amended in writing in this Amendment, the terms and conditions of the Agreement and any and all amendments, attachments and exhibits attached thereto and incorporated herewith by reference shall be unchanged and shall remain enforceable and in full force and effect. 11. Relationship Between Redflex and the City. Nothing in this Amendment or the Agreement shall create, or be deemed to create, a partnership, joint venture and/or the relationship of principal and agent and/or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained herein shall permit, authorize, sanction and/or allow, at any time, either Party to incur any debts and/or liabilities on behalf of the other Party. 5 —273— 12. Headings. The captions, titles, paragraph headings used in this Amendment are for convenience only, and are not a part of this Amendment, and shall not be deemed relevant in construing and/or interpreting this Amendment. 13. Execution And Counterparts. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that such counterpart shall be effective and enforceable on or about the date of the last required signature. 14. Covenant of Further Assurances. All Parties to this Amendment shall take, undertake, approve, sanction, and perform, in full, any and all acts and activities and execute and deliver any and all certificates, documents, permits, licenses, agreements, contracts, written instruments and other papers deemed necessary and appropriate for successful and complete compliance with each and every term and condition of this Amendment. 15. Authority to Execute. The undersigned individuals hereby warrant and represent that they have full authority to execute this Amendment on behalf of the entities for which they have signed. 16. Legal Competence. The Parties hereto expressly represent and warrant that they are legally competent to execute this Amendment and that they do so of their own free will and accord without reliance on any representations of any kind or character not expressly set forth herein. 17. No Duress. The Parties expressly represent and warrant that this Amendment has been freely and voluntarily entered into and that the Parties did not execute this Amendment under duress of any kind, from any Party or person, regardless of whether they are a signatory hereto. 18. Joint Efforts. This Amendment has been prepared by the . joint efforts of the respective attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract construction providing that the provisions of a contract are to be strictly construed against the drafter of the agreement is hereby waived. 19. No Waiver. No waiver of any of the terms of this Amendment shall be binding unless in writing and signed by all Parties hereto. No waiver of any term of this Amendment shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 20. Severability. The invalidity or unenforceability of any paragraph or provision of this Amendment shall not affect the validity or enforceability of the remainder of this Amendment, or the remainder of any paragraph or provision. This Amendment shall be construed in all respects to the fullest extent permitted by law, and as if any invalid or unenforceable paragraph or provision was omitted. 21. Understanding. The Parties to this Amendment represent that they have received independent advice of counsel concerning the meaning and legal effect of the terms of this 6 —274— Amendment. After such counseling, the Parties represent that they fully understand this Amendment and its terms, and, with this full understanding, voluntarily enter into this Amendment as evidenced by signing it below. The Parties have read and understand all terms and conditions of this Amendment. 22. Binding Effect. This Amendment and Exhibit B and Exhibit D attached hereto shall inure to the benefit of and be binding upon the assigns and successors of the respective Parties. 7 —275— IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below. THE CITY OF CORPUS CHRISTI: REDFLEX TRAFFIC SYSTEMS, INC.: Date: Signature: Name: Title: Approved as to iomt 3, 2O! Lisa Aguil Assistant City Attorney For City Attorney Date: 2 -aZ -1 a Signature. /5 Name: ,Sezat w Adel Title: CFO EXHIBIT "1" "Intersection Approach 7 Year Amortization Schedule" "Go Live" Date Number of months used Months Remaining Sum of Depreciation Cap $20K - $40K "Go Live" Date Number of months used. Months Remaining Sum of Depreciation Cap $20K - $40K xx/xx/20xx 0 84 $476.19 $40,000.00 xxlxx/20xx 43 41 $476.19 $19,523.83 $19,047.64 xx/xx/20xx 1 83 $476.19 $39,523.81 xx/xxl20xx 44 40 $476.19 xx/xx/20xx 2 82 $476.19 $39,047.62 xx/xx/20xx 45 39 $476.19 $18,571.45 $18,095.26 xx/xx/24xx 3 81 $476.19 $38,571.43 xx/xx/20xx 46 38 $476.19 xx/xx/20xx 4 80 $476.19 $38,095.24 xx/xx/20xx 47 37 $476.19 $17,619.07 70{lxx/20xx 5 79 $476.19 $37,619.05 xx/xx/20xx 48 36 $476.19 $17,142.88 xx/xx/20xx 6 78 $476.19 $37,142.86 xx/xx/20xx 49 35 $476.19 $16,666.69 $16,190.50 xx/xx/20xx 7 77 $476.19 $36,666.67 xx/xx/20xx 50 34 $476.19 xx/xx/20xx 8 76 $476.19 $36,190.48 xx/xx/20xx 51 33 $476.19 $15,714.31 xx/xx/20xx 9 75 $476.19 $35,714.29 xx1xx/2Oxx 52 32 $476.19 $15,238.12 $14,761.93 $14,285.74 $13,809.55 xx/xx/20xx 10 74 $476.19 $35,238.10 xx/xx/20xx. 53 31 $476.19 xx/xx/20xx 11 73 $476.19 $34,761.91 xx/xx/20xx 54 30 $476.I9 xx1xx/20xx 12 72 $476.19 $34,285.72 xx/xx/20xx 55 29 $476.19 xx/xx/20xx 13 71 $476.19 $33,809.53 xx/xx/20xx 56 28 $476.19 $13,333.36 xx/xx/20xx 14 70 $476.19 $33,333.34 xx/xx/20xx 57 27 $476.19 $12,857.17 xx/xx/20xx 15 69 $476.19 $32,857.15 xx/xx/20xx 58 26 $476.19 $12,380.98 xx/xx/20xx 16 68 $476.19 $32,380.96 xx/xx/20xx 59 25 $476.19 $11,904.79 xxhod20xx 17 67 $476.19 $31,904.77 xx/xx/20xx 60 24 $476.19 $11,428.60 $10,952.41 $10,476.22 xx/xx/20xx 18 66 $476.19 $31,428.58 xx/xx/20xx 61 23 $476.19 xx/xx/20xx 19 65 $476.19 $30,952.39 xx/xx/20xx 62 22 $476.19 xx/xx/20xx 20 64 $476.19 $30,476.20 xx/xx/20xx 63 21 $476.19 $10,000.03 xx/xx/20xx 21 63 $476.19 $30,000.01 xx/xx/20xx 64 20 $476.19 $9,523.84 $9,047.65 xx/xx/20xx 22 62 $476.19 $29,523.82 xx/xx/20xx 65 19 $476.19 xx/xx/20xx 23 _ 61 $476.19 $29,047.63 xx/xx/20xx 66 18 $476.19 $8,571.46 xx/xx/20xx 24 60 $476.19 $28,571.44 xx/xx/20xx 67 . 17 $476.19 $8,095.27 $7,619.08 xx/xx/20xx 25 59 $476.19 $28,095.25 xx/xx/20xx 68 16 $476.19 xx/xxl20xx 26 58 $476.19 $27,619.06 xx/xx/20xx 69 15 $476.19 $7,142.89 $6,666.70 $6,190.51 xx/xx/20xx 27 57 $476.19 $27,142.87 xx/xx/20xx 70 14 $476.19 xx/xx/20xx 28 56 $476.19 $26,666.68 xx/xx/20xx 71 13 $476.19 xx/xx/20xx 29 55 $476.19 $26,190.49 xx/xx/20xx 72 12 $476.19 $5,714.32 $5,238.13 xx/xx/20xx 30 54 8476.1.9 $25,714.30 xx/xx/20xx 73 11 $476.19 xx/xx/20xx 31 53 $476.19 $25,238.11 xx/xx/20xx 74 10 $476.19 $4,761.94 xx/xx/20xx 32 52 $476.19 $24,761.92 xx/xx/20xx 75 9 $476.19 $4,285.75 $3,809.56 _xx/xx/20xx 33 51 $476.19 $24,285.73 xx/xx/20xx 76 8 $476.19 xx/xx/20xx 34 50 $476.19._ $23,809.54 xx/xx/20xx 77 7 _ $476.19 $3,333.37 $2,857.18 $2,380.99 xx/xx/20xx 35 49 $476.19 $23,333.35 xx/xx/20xx 78 6 $476.19 xx/xx/20xx 36 48 $476.19 $22,857.16 xx/xx/20xx 79 5 $476.19 xx/xx/20xx 37 47 $476.19 $22,380.97 xx/xx/20xx 80 4 $476.19 $1,904.80 $1,428.61 $952.42 xx/xx/20xx 38 46 $476.19 $21,904.78 xx/xx/20xx 81 3 $476.19 xx/xxl20xx 39 45 $476.19 $21,428.59 xx/xx/20xx 82 2 $476.19 xx/xx/20xx 40 44 $476.19 $20,952.40 xx/xx/20xx 83 1 $476.19 $476.23 xx/xx/20xx 41 43 $476.19 $20,476.21 $20,000.02 xx/xx/20xx 84 0 $476.19 $0.04 xx/xx/20xx 42 42 $476.19 -277- End of Document. STANDARD FORM CITATION VERIFICATION SERVICES PROGRAM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND REDFLEX TRAFFIC SYSTEMS, INC. This Agreement (this "Agreement" or "CVSP Agreement ") is made as of this _ day of 2012 by and between Redflex Traffic Systems, Inc., a Delaware Corporation, with offices located at 23751 N. 231d Avenue, Phoenix, Arizona 85085 ( "Redflex ") and The City of Corpus Christi, a municipal corporation, with offices at 1201 Leopard Street, Corpus Christi, Texas 78401 (the "Customer "). Redflex and the Customer are sometimes individually referred to herein as a "Party" and/or collectively referred to herein as the "Parties ". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, technologies, computer programs and citation processes related to the review of delinquent civil penalties related to and/or associated with automatic photo red light violations; and WHEREAS, the Customer desires to engage the services of Redflex to provide a Violation Verification Program as expressly stated herein so that the Customer may identify and/or confirm automatic photo red light citation recipients who have delinquent civil penalties citations related thereto; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets by providing the services pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definitions. In this Agreement, the words and phrases below shall have the follow meanings as follows: 1.1. "CLEAR files" means the computer files that are contained in the Batch File submitted to the Customer and/or Texas Department of Motor Vehicles once per month each month, or at other intervals as mutual agreed to by both Parties in writing, and that contain the list of citation recipients identified in FLAG files who have paid in full the delinquent civil penalty related to and/or associated with an automatic photo red light violation. 1.2. "Collections File" means the computer data that contains information regarding payments made or not made by photo enforcement citation recipients submitted once per month 1 —279— each month to the Customer that have been confirmed and verified by Redflex using the Verification System and the Verification Criteria. 1.3. "Confidential or Private Information" means, with respect to Redflex, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Redflex's business or methods of operation or concerning any of such Redflex's suppliers, licensors, licensees, customers or others with whom Redflex has .a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to Reflex, including but not limited to: i. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices Redflex obtains or has obtained from its clients or customers, or at which Redflex sells or has sold its services; and ii. Matters of a technical nature, including but not limited to product information, trade secrets, know -how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. iii. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently Iawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.4. "Escrow Account" means the escrow account into which Redflex deposits monetary amounts payable to the Texas Department of Motor Vehicles. The monetary amounts payable to the Texas Department of Motor Vehicles by Redflex are as follows: 1) Twelve Cents ($00.12) per individual computer file submitted by Redflex to the Texas Department of Motor Vehicles; and 2) Twenty Three Dollars and Six Cents ($23.06) per each batch file submitted by Redflex to the Texas Department of Motor Vehicles. 1.5. "FLAG file" and/or "FLAG files" means computer file or files that are contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or to the Texas Department of Motor Vehicles that complies with the Verification Criteria and indicates that a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does match the current owner of record of the automotive vehicle captured by the red light camera. Each FLAG file contains the vehicle identification information of one (1) registered owner and one (1) 2 —280— automotive vehicle identified in one (1) delinquent civil penalty related to and/or associated with one (1) automatic photo red light violation that matches the current owner of record of the automotive vehicle captured by the red light camera. 1.6. "Intellectual Property" means, with respect to Redflex, any and all now known or hereafter known tangible and intangible (a) rights associated . with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask - works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of Redflex. 1.7. "Monthly Submitted File" or "Batch File" are interchangeable and synonymous and mean the computer batch file submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or the Texas Department of Motor Vehicles during the Term of this Agreement consisting of any and all combinations of 1) "PROBE files"; and/or 2) "FLAG files"; and/or 3) "NON- MATCHING Files"; and/or 4) "CLEAR files ". 1.8. "NON- MATCHING Files" means the computer files contained in the Collections File submitted once per month each month to the Customer that have been confirmed and verified by Redflex using the Verification System and the Verification Criteria and indicate that the driver named in the delinquent civil penalty related to and/or associated with an automatic photo red light violation does not match the current owner of record of the automotive vehicle captured by the red light camera. 1.9. "PROBE files" means the computer files contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Texas Department of Motor Vehicles in a format that is fully compliant with the "TxDMV file format" specifications of the Texas Department of Motor Vehicles. 1.10. "Proprietary Property" means, with respect to Redflex, any written or tangible property owned or used by Redflex in connection with Redflex's business, whether or not such property is copyrightable and includes, but is not limited, to any and all Confidential Information, the Verification System, the Program and additionally includes without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of Redflex, fmancial statements, budgets, projections and invoices and includes, but is not limited to, as aspects, parts, portions and components of the Verification System and the Violation Verification Program. 3 —281— 1.11. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Verification System and/or the Violation Verification Program at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.12. "Registration Data" means the automotive vehicle registration data received from the Texas Department of Motor Vehicles relevant to the automotive drivers identified in a PROBE file or PROBE files that Redflex utilizes in connection with the second level check(s) in order to confirm if the driver named in an delinquent civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle captured by the red light camera. 1.13. "Registration Hold ". "Flag" and/or "REGISTRATION DECISION" are interchangeable and synonymous and mean the determination and/or decision made solely and only by the Texas Department of Motor Vehicles to refuse to register a motor vehicle in connection with one or more delinquent civil penalty, or penalties, related to and/or associated with one or more automatic photo red light violation. 1.14. "Verification Criteria" means the standards and criteria determined solely by the Customer that are utilized and applied by Redflex and used to determine which file or files may or may not qualify for submission to the Texas Department of Motor Vehicles in connection with the Verification System and consist of the following four (4) conditions: a) whether or not the unpaid civil penalty related to and/or associated an automatic photo red light violation is for a monetary amount of $75.00 or more; and b) whether or not the unpaid civil penalty related to and/or associated an automatic photo red light violation is delinquent for a period of time of 91 days or more; and c) whether or not the driver named in a delinquent civil penalty related to and/or associated with automatic photo red light violation is currently domiciled in the County of Nueces, Texas, or such other counties as may be identified by the City Director of Financial Services; and d) whether or not the driver named in an outstanding and/or unpaid civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle captured by the red light camera. The criteria listed in 1.14. a) through 1.14 c) are sometimes referred to hereinafter as "first level check(s)" and the criteria listed in 1.14 d) is sometimes referred to hereinafter as "second level check(s)". Customer agrees and acknowledges that Customer is solely and exclusively responsible for determining the Violation Criteria. 1.15 "Verification System" AND /OR "Redflex System" are interchangeable and synonymous and mean the Redflex proprietary methods, operations, applications, technologies, systems, programs, equipment, machinery, computers, computer programming, codes, source 4 —282— codes, and processes employed by Redflex in connection with the Violation Verification Program that 1) at the first level, checks compliance with the Verification Criteria 1.14. a) through 1.14 c); and 2) at the second level, checks whether the driver named in a delinquent civil penalty related to and/or associated with automatic photo red light violation is or is not the current owner of record of the automotive vehicle captured by the red light camera in accordance with Verification Criteria 1.14. d). 1.16. "Violation Verification Program" and/or the "Program" interchangeable and synonymous and mean any and all systems, operations, methods, processes equipment, applications and back office processes of Redflex related to and/or associated the services expressly stated in this Agreement including conducting first level check(s), second level check(s), the Verification System, the Verification Criteria, the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, containing: a) the PROBE files, b) the NON - MATCHING files, c) FLAG files; and/or d) the CLEAR files. 2. TERM. The term of this Agreement shall commence as of June 30, 2011 and shall continue until April 26, 2017 ( "Term" and/or "Initial Term "). Thereafter, this Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non - renewal at least thirty (30) days prior to expiration of the then current term. 3. SERVICES. Customer and Redflex acknowledge the January 30, 2007 Agreement Between the City of Corpus Christi and Redflex Traffic Systems, Inc. for a Photo Red Light Enforcement Program (the "Photo Red Light Enforcement Agreement ") between the Parties and agree that the services and terms and conditions of this Agreement are separate and apart from the Photo Red Light Enforcement Agreement. In consideration for the compensation set forth herein, Redflex shall conduct first level check(s) and second level check(s) and generate certain computer and/or electronic files related thereto and provide other such services as expressly stated herein. 3.1. Using the Batch file and information available regarding delinquent civil penalties related to and/or associated with automatic red light violations within Customer's jurisdiction, Redflex shall conduct first level check(s) and/or second level cheek(s) so as to generate a Batch File submitted once per month each month or at other intervals as mutual agreed to by both Parties in writing to the Customer and/or Texas Department of Motor Vehicles containing PROBE files, NON - MATCTHING Files, FLAG files and/or CLEAR files as set forth below. 3.2. PROBE files shall be generated by Redflex and shall be contained in the Batch File submitted to the Customer and/or Texas Department of Motor Vehicles once per month each month or at other intervals as mutual agreed to by both Parties in writing, in electronic and computerized form after conducting first level check(s) by applying and adhering to Verification Criteria 1.14. a), 1.14 b) and 1.14 c). Thereafter, Redflex shall submit a Batch File once per month each month, or at other intervals as mutual agreed to by both Parties in writing to the Texas Department of Motor Vehicles containing one or more electronic requests for certain Registration Data relevant thereto from the Texas Department of Motor Vehicles such that Redflex may conduct second level check(s) to confirm whether a driver named in a delinquent 5 —283— civil penalty related to and/or associated with an automatic photo red light violation does or does not match the current owner of record of the automotive vehicle captured by the red light camera in accordance with Verification Criteria 1.14. d). Customer agrees and acknowledges that Redflex shall be unable to conduct such second level check(s) unless and until certain Registration Data is received in full from the Texas Department of Motor Vehicles. 3.3. After Redflex receives relevant Registration Data from the Texas Department of Motor Vehicles, Redflex shall generate, as set forth herein, NON- MATCTHING Files and/or FLAG files that shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or Texas Department of Motor Vehicles. 3.4 NON- MATCTHING files shall be generated by Redflex and shall be contained in the Collections File submitted once per month each month to the Customer to the extent and degree that, after Redflex conducts second level check(s), a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does not match the current owner of record of the automotive vehicle captured by the red light camera. 3.5. FLAG files shall be generated by Redflex and shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or Texas Department of Motor Vehicles to the extent and degree that, after Redflex conducts second level check(s), a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does match the current owner of record of the automotive vehicle captured by the red light camera. 3.6. Redflex shall be permitted between 48 to 72 hours per each file to conduct second level check(s) in order to produce a FLAG file and/or NON - MATCHING file as set forth herein after having received certain Registration Data from the Texas Department of Motor Vehicles with respect to a PROBE file. 3.7. CLEAR files shall be generated by Redflex and shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or the Texas Department of Motor Vehicles in an electronic and computerized format to the extent and degree that driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation pays the civil delinquent penalty in full. 3.8. Compensation. In consideration of the services provided by Redflex as stated herein, Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on EXHIBIT "B" attached hereto and incorporated herewith by reference. 3.9. Customer and Redflex acknowledge, understand and agree that the refusal to register a motor vehicle is a decision and determination made in the sole, absolute and unilateral discretion of the Texas Department of Motor Vehicles and CUSTOMER AND REDFLEX HEREBY ACKNOWLEDGE AND AGREE THAT THE DECISION TO REFUSE TO REGISTER A MOTOR VEHICLE SHALL BE THE .SOLE, UNILATERAL AND 6 —284— EXCLUSIVE DECISION OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES AND SHALL BE MADE TEXAS DEPARTMENT OF MOTOR VEHICLE'S SOLE DISCRETION (A "REGISTRATION DECISION "), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE, DETERMINE AND /OR ENFORCE A REGISTRATION DECISION. 3.10. Redflex shall deposit into the Escrow Account monetary amounts not to exceed the following: 1) Twelve Cents ($00.12) per individual computer file submitted by Redflex to the Texas Department of Motor Vehicles; and 2) Twenty Three Dollars and Six Cents ($23.06) per each Batch File submitted by Redflex to the Texas Department of Motor Vehicles. The monetary amounts deposited into the Escrow Account by Redflex are payable to the Texas Department of Motor Vehicle and the Texas Department of Motor Vehicles shall have complete access thereto and the authority to withdraw such monetary amounts therefrom. 3.11. To the maximum extent possible under the circumstances, Customer shall notify Redflex in writing of any and all determinations and/or decisions of the Texas Department of Motor Vehicles to refuse to register a motor vehicle in connection with one or more delinquent civil penalty, or penalties, related to and/or associated with an automatic photo red light violation(s) within 48 hours of such determination and/or decision made by the Texas Department of Motor Vehicles. 4. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice "). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the "Change Order Proposal "). The Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes. 5. LICENSE; RESERVATION OF RIGHTS. 5.1. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 7 —285— 5.2. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de- compile or otherwise perform any type of reverse engineering to the Redf lex System, the Redflex System, including but not limited to any equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 5.3. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the 'prior written consent of Redflex. 5.4. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any person, party, entity, company, business, corporation, partnership, association and the like of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto, In the event that Redflex commences any enforcement action under this Section, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 5.5. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to —286— keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non - infringing items. 5.6. UNAUTHORIZED REFERENCES TO REDFLEX. Customer shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to, the Program, the Verification System, the Redflex System, the Verification Criteria, "SMARTcamTM System ", "SalusTM System ", "REDFLEXredTM System ", "REDFLEXspeedTM System ", "REDFLEXrai1TM System ", "REDFLEXstopTM System ", "REDFLEXslimlineTM System ", "SMARTopsTM System ", "SMARTsceneTm System "; "PLATESCANTM System" and/or and any and all combinations, variants and derivatives thereof, in, on or about, Customer marketing, publicity, media, public relations, advertising, education or training materials, information, data, papers and/or documents, for any reason or purpose, whatsoever, without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole, absolute and unilateral discretion. Use of such references in public media campaigns and news releases requires prior written approval by Redflex. 6. REPRESENTATIONS AND WARRANTIES. 6.1. Redflex Representations and Warranties. a. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. b. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in 'compliance with all specifications provided to Redflex by the Customer. 6.2. Customer Representations and Warranties. a. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. b. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 7. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT 9 —287— TO THE VERIFICATION SYSTEM, THE VIOLATION VERIFICATION PROGRAM, AND /OR PROCESSES OR OPERATIONS RELATED THERETO AND /OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING. REDFLEX ALSO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE ACCURACY AND /OR INACCURACY OF ANY INFORMATION PROVIDED BY CUSTOMER, THE TEXAS DEPARTMENT OF MOTOR VEHICLES, OR ANY THIRD PARTY THAT IS USED OR RELIED UPON BY REDFLEX IN THE PERFORMANCE OF REDFLEX'S OBLIGATIONS UNDER THIS AGREEMENT OR THE FAILURE OF CUSTOMER, THE TEXAS DEPARTMENT OF MOTOR VEHICLES, OR ANY THIRD PARTY TO PROVIDE INFORMATION THAT WOULD BE RELEVANT TO REDFLEX'S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT THE REDFLEX SYSTEM AND /OR THE VIOLATION VERIFICATION PROGRAM SHALL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 8. TERMINATION. 8.1. TERMINATION FOR CAUSE. Either Party shall have the right to terminate this Agreement by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of the Program; (ii) the Supreme Court for the State of Texas rules that the Citations from the Program are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Either party shall have the right to remedy or cure the cause for termination or breach within forty -five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the appropriate party setting forth in reasonable detail the events of the cause for termination or breach. Termination of this Agreement shall not be enforceable or effective unless the terminating party mails written notice of termination to the non - terminating party not less than forty -five (45) calendar days prior to the Agreement termination date and provides to the non - terminating party the opportunity to remedy or cure the cause of the termination or breach within the forty -five (45) calendar day time period provided herein. 9. RIGHTS AND REMEDIES. In connection with any breach and/or termination of this Agreement, Redflex shall have and hereby reserves, in full, all rights and remedies available in law and/or in equity. The rights to terminate this Agreement given in this Section shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 10 10. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Upon Termination of this Agreement, the following provisions shall apply: i. Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Violation Verification Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed under this Agreement and Citations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination; however Redflex will transfer the data and relevant information to the Customer by a mutually agreed upon method. The Customer will assume the burden for all costs associated with this task including but not limited to administrative, storage media, storage media authoring devices, and internet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees. However, termination of this Agreement however shall not impact the services provided by Redflex under the agreement between the parties regarding the red light photo system. ii. The Customer shall (i) immediately, cease using the Violation Verification Program, accessing the Redflex System and using any other Intellectual Property' of Redflex provided pursuant to this Agreement, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed pursuant to this Agreement prior to the termination. iii. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement. 11. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Reservation of Rights, Redflex Representations and Warranties, Customer Representations and Warranties, Limited Warranty, Confidentiality, Indemnification and Liability, Notices, Dispute Resolution, Assignment, Injunctive Relief, Specific Performance, Applicable Law, and Jurisdiction and Venue, and (ii) those provisions, 11 —289— and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 12. CONFIDENTIALITY. During the Term and Extended Term(s) of this Agreement and for a period of three (3) years thereafter, neither Party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information and/or Proprietary Property and/or Intellectual Property learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 13. Indemnification by Redflex. Subject to Section entitled "Indemnification Procedures ", Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties ") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses "), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any Redflex's material misrepresentation, inaccuracy or breach of any covenant,' warranty, representation or provision contained in this Agreement, or (b) the negligence of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct and/or negligence of any Customer Party. 14. Indemnification Procedures. In the event any claim, action or demand (a "Claim ") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party ") shall give the party from whom indemnification is sought (the "Indemnifying Party ") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified 12 —290— Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed. 15. LIMITED LIABILITY. NEITHER PARTY'S LIABILTIY, IN CONTRACT, TORT (INCLIDNG NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SHALL (a) EXCEED THE FEES PAID BY THE CUSTOMER TO REDFLEX, EXCEPT THAT REDFLEX SHALL BE ABLE TO CLAIM THE AMOUNT OF UNPAID FEES IN THE EVENT OF BREACH BY NON - PAYMENT, OR (b) INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING 'WITHOUT LIMITATION LOSS OF PROFITS AND LOSS OF SAVINGS OR REVENUE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. 16. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: i. Notices to Redflex: Redflex Traffic Systems, Inc. 23751 North 23rd Avenue Phoenix, AZ 85027 Attention: PROGRAM MANAGEMENT Facsimile: (623).207 -2050 ii. Notices to the Customer: City of Corpus Christi 1201 Leopard Street, Corpus Christi, Texas 78401 Attention: Director of Financial Services 17. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement; the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute "), the parties 13 shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section , and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 18. MLSCELLANEOUS. 18.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 18.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 18.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the "Audited Party ) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty -eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non- Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non - Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25 %) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non - Audited Party shall promptly refund to the Audited Party the amount of the excess. 18.4. FORCE MAJEURE. Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering . performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and 14 —292— unusually severe weather. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 18.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both Parties. 18.6. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 18.7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 18.8. CONSTRUCTION. Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 18.9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 18.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 18.11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 18.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 15 —293— 18.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 18.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation enacted by a governmental authority other than Customer, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 18.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 18.16. INJUNCTIVE RELIEF: SPECIFIC PERFORMANCE. The Parties hereby agree and acknowledge that a breach of Sections regarding License, Restricted Use or Confidentiality of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 18.17. APPLICABLE LAW. This Agreement shall be governed only by and construed, in all respects, solely in accordance with the laws of the State of Texas. 18.18. JURISDICATION AND VENUE. Any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relatipg to the subject matter of this Agreement shall be filed only in and litigated solely in the United States District Court for the District of Texas and both parties specifically agree to be bound by the exclusive jurisdiction and venue thereof. 18.190. INSURANCE. Redflex shall at all times during the term of this Agreement maintain such insurance policies, and in such amounts, as are commercially reasonable for any and all insurable risks arising from or in connection with Redflex's performance of the services set forth in "Exhibit A" attached hereto and incorporated herewith by reference. (The remainder of this page is left intentionally blank) 16 —294— IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" CITY OF CORPUS CHRISTI, TEXAS REDFLEX TRAFFIC SYSTEMS, INC., By: By: /11 Name: Title: Date: Apps as to form: X33, dorms. Lisa Agu Assistant City Attorney For City Attorney Name: ieY1 X 444 Title: CFO Date: 2-2Z-12 17 EXHIBIT "A" Insurance 1. During the Term, Redflex shall procure and maintain at Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redf lex, and each of Redflex's subcontractors, agents, representatives and employees: - Commercial General Liability Insurance. Commercial General Liability Insurance with coverage Limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products - Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate; - Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non -owned and hired by Redflex; - Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and - Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than that required by the Labor Code of the State of (insert name), and Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: - The Customer Parties shall be named as additional insureds with respect to the Commercial General Liability insurance; and - The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance; and - Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 3. With respect to the insurance described in the foregoing Section of this Exhibit E, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide 30 days written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage 18 —296-- limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the .Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 19 —297— EXHIBIT "Jr Compensation Payable to Redflex by Customer I. Compensation. A. Customer shall pay to Redflex $10.00 per each and every FLAG file submitted to the Texas Department of Motor Vehicles and/or agent and/or authorized representative thereof. Customer shall pay Redflex pursuant to and in accordance with the invoice(s) submitted to Customer by Redflex and within 10 days after receipt of the invoice(s) submitted to Customer by Redflex. B. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create the ANON- MATCHING files pursuant to Section 1.8. for no additional cost other than as expressly stated in LA. above. C. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create and transfer to Texas Department of Motor Vehicles CLEAR files pursuant to Section 1.1. for no additional cost other than as expressly stated in I.A. above. D. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create and transfer to Department of Motor Vehicles the PROBE files pursuant to Section 1.9. for no additional cost other than as expressly stated in I.A. above. 20 —298— 27 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 1/12/2012 Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: SPECIAL PERMIT TIME EXTENSION Vista del Mar Irrigation Company (Case No. C1001 -02A) Special Permit Time Extension for the property located at the 17000 block of South Padre Island Drive (Park Road 22) SPECIAL PERMIT TIME EXTENSION Case No. C1001 -02A: Vista del Mar Irrigation Company: The applicant is requesting a time extension for a previously granted Special Permit. The subject property, Tract 1, consists of approximately 1,230 acres that are located on the south side of the Nueces /Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). Planning Commission and Staff's Recommendation: At the December 7, 2011 Regular Planning Commission Meeting, the Planning Commission recommended approval of the request to extend the Special Permit for two (2) years. BACKGROUND AND FINDINGS: • The subject property includes Tract 1.1, consisting of 476 acres of Jose Maria Tovar Subdivision, located south of and adjacent to the Nueces - Kleberg county line and east of and adjacent to Park Road 22, and Tract 1.2, consisting of 754 acres of Jose Maria Tovar Subdivision, located along south of and adjacent to the Nueces - Kleberg county line between Park Road 22 and the Laguna Madre. • The property was originally annexed and zoned in 2001. A Special Permit was granted with a ten (10) year time limit. • No development has occurred on the subject property since the original zoning case in 2001. ALTERNATIVES: Denial of the request to extend the Special Permit. OTHER CONSIDERATIONS: N/A K;V LegaI1SHARED \LEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA I TEMS\Vista del Mar Irrigation Company101- 09- 2012, Vista del Mar, Case No C1001 -02A SE Extension, Agenda Memo, by EAM, REVISED.docx -301- City Council Executive Summary Memorandum Vista del Mar Irrigation Company (Case No. 01001 -02A) Page 2 CONFORMITY TO CITY POLICY: • Based on analysis from the original 2001 report the following information was obtained: Tract 1 is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Significant portions of these tracts are wetlands with limited development potential. There is, however, at least fifty (50%) percent of the total land available for development. In addition, the owner of Tract 1 presented to Planning Commission a "Concept Plan" and an "Intensity Table" for development of the 1,2001- acres. The uses proposed by the owner of Tracts 1.1 and 1.2 include executive housing, village residential uses, condominiums, research /office /commercial, resort/conference, village commercial, desalinization plant, two (2) 18 -hole golf courses, and a marina. The density proposed by the owner in the attached Concept Plan and the Intensity Table is less than what would be allowed in the "RM -AT" Multifamily AT District and the "RS -6" Single- family 6 District. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE ' unacs }: Comments: RECOMMENDATION: Plannina Commission and Staff's Recommendation: Approval of the request to extend the Special Permit for two (2) years. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K:1 Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMSIVista del Mar irrigation Company\OI -09-2012, Vista del Mar, Case No C1001-02A SP Extension, Agenda Memo, by SAM, REVISED.docx — 3 0 2- ZONING REPORT Case No.: C1001 -02A Planning Commission Hearing Date: December 7, 2011 Applicant & Legal Description Applicant/Owner: Vista del Mar Irrigation Company Representative: Brud Jones Legal Description/Location: Tracts 1.1 and 12, consisting of 1,230 acres of Jose Maria Tovar Subdivision, located along South Padre Island Drive (Park Road 22) at the Kleberg/Nueces County line between the Laguna Madre and the Gulf of Mexico. Zoning Request From: "RS -6 /SP" Single - family 6 with a Special Permit & "RM -AT" Multifamily AT To: Extension of the Special Permit Area: 1,230 Acres Purpose of Request: To allow for the construction of a mixed use development. Existing Zoning and Land Uses Traffic Volume 2010 Existing Zoning District Existing Land Use Future Land Use Site "RS -6 /SP "Single-family 6 & �� -AT" Multifamily AT Vacant Low Density Residential North "RS -6" Single- family 6 Low Density Residential Low Density Residential South Outside City Limits OCL OCL East Gulf of Mexico Water Water West Laguna Madre Water Water ADP, Map & Violations Area Development Plan: The subject property is located in the Mustang/Padre Island Area Development Plan (ADP) and is planned for low density residential uses. The proposed time extension of the "RS -6 /SP" Single - family 6 District with a Special Permit is consistent with the Mustang/Padre Island ADP and the adopted Future Land Use Map. Map No.: 031,022 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested "RS -6 /SP" Single- family 6 District with a Special Permit is to allow for a mixed use development. • Transportation and Circulation: The subject property fronts upon South Padre Island Drive (Park Road 22) a designated rural arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2010 S.P.I.D (PR 22) 250' R.O.W., 76' paved 250' R.Q.W., 76' paved Rural Arterial 3,458 • Relationship to Smart Growth: The proposed change of zoning would increase the tourism potential and housing opportunities for citizens of Corpus Christi. To the north of the property are existing platted single family subdivisions. The proposed time extension is consistent with the future land use of low density residential uses. • Comprehensive Plan & Mustang/Padre Island Area Development Plan Consistency: The Comprehensive Plan and the Mustang/Padre Island Area Development Plan (ADP) slates the subject property as low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. —303— Zoning Report Case #: C1001 -02A, Vista del Mar Irrigation Company Page 2 Plat Status: Subject property is not platted. Analysis from original Zoning Report c. 2001: • Tract 1 is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance, or emergency relief funds (PEMA) for repairs or reconstruction are not permitted. Significant portions of these tracts are wetlands with limited development potential. There is, however, at least fifty (50 %) percent of the total land for both tracts available for development. In addition, the owner of Tract 1 presented to Planning Commission a "Concept Plan" and an "Intensity Table" for development of the 1,200± acres. The uses proposed by the owner of Tracts 1.1 and 1.2 include executive housing, village residential uses, condominiums, research/office /commercial, resort/conference, village commercial, desalinization plant, two (2) 18 -hole golf courses, and a marina. The density proposed by the owner in the attached Concept Plan and the Intensity Table is less than what would be allowed in the "RM- AT" Multifamily AT District and the "RS -6" Single- family 6 District. Department Comments: • The subject property, known as Area C, consists of Tract 1 ( "Jones Tract "). Tract 1 consists of approximately 1,230 acres that are located on the south side of the Nueces/KIeberg County lines and along both sides of South Padre Island Drive (Park Road 22). Tract 1 is further divided into Tract 1.1 located between Park Road 22 and the Gulf of Mexico, and Tract 1.2 Located between Park Road 22 and the Laguna Madre. • The property was originally annexed and zoned in 2001 and a Special Permit was granted with a ten (10) year time limit. • No development has occurred on the subject property since the original zoning case in 2001. Staff Recommendation: Approval of the request to extend the Special Permit for two (2) years. Planning Commission Recommendation: Approval of the request to extend the Special Permit for two (2) years. 04 aj aava Number of Notices Mailed Total — 0 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of December 2, 2011 Attachments: 1. Exhibit "D" — Original Concept Plan 2. Exhibit "E" — Intensity Table K: ILega1 ISHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgencj�16042 AGENDA ITEMSIVista del Mar Irrigation Company101 -11 -2012, 01001 -02A, Zoning Report REVISED by AD.doc ;0 U m 1 CO cn 1 0 Vista Del Mar (Annexation Tract "C" Concept Plan LEGEND Executive Housing Village Residential Condominiums Research/Office Park/Commercial Resort/Conference Neighborhood Commercial Village Commercial Desalinization Plant Golfcourse Marina Planned Parkways 0 400 i000 2000 fed INTENSITY TABLE Proposed Development Land Use Total Acres Residential Non - Residential Residential Density* Dwellings/ Hotel Rooms F.A,R." Square Footage (1,000s) Executive Housing' 130 L5 195 d.u.s Village Residences2 70 14 980 d.u.s Condominiums 40 40 480 d.u.s Research/Office/Commercial 80 0.22 767 Resort/Conference 45 1,500 rooms 1 150 Neighborhood Com 6 0.1 26 Village Commercial/Services' 30 3 90 d.u.s 0.7 523 2, 18 -hole Golf Courses 300 1 Other Open Space/Recreation *** 559 Total 1,260 1,745 d.u.s 1,500 rooms 1,466 Residential density measured in dwelling units (d.u.$) per acre. F.A.R. — Floor Area Ratio (square foot of floor area per square foot of site area). Includes marina / open and enclosed amusements IICITYHALL421USERSWLN -DI RI ERMAIW0RD IM &BIAREACINrENS1TYTABLE. D0C Executive Housing — single- family detached 2 Village Residences — single - family, attached and/or detached, and multiple- family Village Commercial /Services — may include single - family, attached and/or detached, and multiple - family EXHIBIT E —306— Ordinance amending Zoning Ordinance 024699, upon application by Vista Del Mar Irrigation Company, by adding a two (2) year time extension to the special permit term previously approved; amending the Comprehensive Plan to account for deviations, if any, from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, Vista Del Mar Irrigation Company requested, prior to the initial special permit expiration date provided by Zoning Ordinance 024699, see attached, a two (2) year extension of the ten (10) year special permit term initially approved, therein requesting a total time limit of twelve (12) years. WHEREAS, the Planning Commission has forwarded to the City Council it's reports and recommendations concerning the application of Vista Del Mar Irrigation Company for amendment to the special permit time limit provided in Zoning Ordinance 024699; WHEREAS, hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday March 20, 2012, 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, and 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 Zoning Ordinance 024699 is amended by adding a two (2) year, extension to the ten (10) year special permit term initially approved, thus extending the total special permit time limit to twelve (12) years, SECTION 2. That 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 if changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment represents a deviation from the existing Comprehensive Plan, the Comprehensive Plan is amended to conform. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 5. 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 6. 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 7. That this two (2) year extension shall take effect retroactively to December 31, 2011, at 12:01 a.m, a date ten (10) years from the original effective date of Zoning Ordinance 024699. 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor, City of Corpus Christi Joe Adame APPROVED as to form: This AAA vitCp<' Veronica Ocanas Assistant City Attorney For City Attorney day of K:1 Legal \SHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\Vista del Mar Irrigation Company101 -13- 2012 C1001 -02A Vista del Mar Irrigation Co, Ordinance -SP, BF81319:11. EAM.doc Page 3 of 3 Corpus Christi, Texas day of , 2012 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. Uwe, 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1 Legal \SHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS \Vista del Mar Irrigation Company101 -13- 2012 01001 -02A Vista del Mar Irrigation Co, Ordinance -SP, DFlatigA.EAM.dac CAPE ,UMMER SC. SUBJECT PROPERTY 0 400 800 -.Feet CASE: C1001-02A Exhibit A Planning Commission & Staff Recommendation Zoning: "RS -6 /SP" Single - family 6 with a Special Permit. Ordinance No. 00116/2011 Prepared By: SRR Depanmerd of OevelopmenrServlees -310- ir/4 UBJECT /PROPERTY ILOCATION MAP Or V- City of Corpus Christi Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED 1,282 ACRE TRACT, DESIGNATED AS AREA C, BY ZONING AS "R-1B" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 1.2; AS "AT" APARTMENT - TOURIST DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 11; AND AS "AT" APARTMENT - TOURIST DISTRICT ON TRACT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2001, October 24, 2001, and November 11, 2001, during a meeting of the Planning Commission, and on Tuesday, December 11, 2001, 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, and 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 Zoning Ordinance of the City of Corpus Christi, Texas, is amended by zoning the newly annexed 1,282 -acre tract, designated as Area C, out of the Jose Maria Toyer Subdivision, located along South Padre Island Drive (Park Road 22), at the Kleberg /Nueces County line and between the Laguna Madre and the Gulf of Mexico, as "R-1B" One - family Dwelling District on Tract 1.2 and as "AT" Apartment - Tourist District on Tracts 1.1 and 2. A metes and bounds description of Area C, Tract 1.1 is attached as Exhibit A. A metes and bounds description of Area C, Tract 1.2 is attached as Exhibit B. A metes and bounds description of Area C, Tract 2 is attached as Exhibit C. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a mixed use development on Tracts 1.1 and 1.2, (Tract 1.1 zoned "AT" Apartment - Tourist District and Tract 1.2 zoned "R-1B" One - family Dwelling District by Section 1 of this Ordinance). H:1 LEG-DIRI DOYLEDCURTISIMYDOCS120011P BZORD011ZONEANNX.ORDIDDCIZC 100102AA.DOC ;19 Page 2 of 4 SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the conceptual development plan, attached as Exhibit D, the intensity table, attached as Exhibit E, and the following two (2) conditions: 1. ALLOWED USES: The only development authorized by this Special Permit, other than the uses permitted by right in the "R-1B" One - family Dwelling District on Tract 1.2 and "AT" Apartment- Tourist District on Tract 1.1, is a mixed use developed as shown on the attached conceptual development plan. Actual development pattern will be established during development stages provided the density and intensity of uses do not exceed those indicated in the conceptual plan. 2. TIME LIMIT: This Special Permit expires ten (10) years from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 5. That the Zoning. Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. 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 9. That this ordinance shall take effect at 12:01 a.m., December 31, 2001, the same time that the ordinance annexing this tract of land takes effect. SECTION 10. 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 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 11th day of December, 2001. H:1 LEG -D IRID OYLEDCURTISIMYDO CS120011P&ZORD01IZONEANINX.O RDIDDCIZC100102AA. DOC —312 -- ATTEST. THE CITY OF CORPUS CHRISTI Page 3 of 4 Arma o Chapa City Secretary amuel L. feJr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 30, 2001 James R. Bray, Jr. City Ail ey By: /A Doyle D ( urtis Senior A sistant City Attorney H:1 LEG- DIRIDOYLEDCURTISIMYDOCS1 2g011P &ZORD091ZONEANNX.0RD \DDCIZCI D0102AA.DOC —313— Corpus Chri . i, Texas day of 01 Page 4 of 4 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, Council Members Respectfully, / Samuel L. Nea , r. Mayor, The City of Corpus Ch The above ordinance was pass -d by the following vote: Samuel L. Neal, Jr. �;+.� • Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott _26E, H: ILEG- D1ROOYLEDCURT1SIMYDOCS120011P& ZORD011ZONEANNX .ORDIDDCIZC100102AA.DOC -314— METES AND BOUNDS AREA C TRACT 1.1 476 acres, more or less, out of a 1,260.57 acre tract, more or less, located south of and adjacent to the Nueces - Kleberg county line and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas map records, said 476 acre tract, now or formerly owned by Lawrence R. Jones, Jr. et al, is located south of an adjacent to the Nueces- KIeberg county line and east of and adjacent to Park Road 22 and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces - Kleberg county line and the centerline of Park Road 22, for the north corner of this tract; THENCE, southterly along the Nueces - Kleberg county line, 1,850 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east corner of this tract; THENCE, southwesterly along said vegetation line which is approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, 7,843 feet, more or less, to a point on the southwest boundary line of said 1,260.57 acres, for the south corner of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, 4,320 feet, more or less, to a point on the centerline of Park Road 22, for the west corner of this tract; THENCE, northeasterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798, feet, more or less, to a point on the Nueces- Kleberg county line, for the POINT OF BEGINNING. H:1 PUN- DIRIERMAIWORDIM &WAREACTRACE'l .l . UOC EXHIBIT A —315— METES AND BOUNDS AREA C TRACT 1.2 754 acres, more or less, out of a 1,260.57 acre that, more or less, located south of and adjacent to the Nueces - Kleberg county line, and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records, said 754 acre tract, now or formerly owned by Lawrence R. Jones, et al, is located south of and adjacent to the Nueces - Kleberg county line and between Park Road 22 and the Laguna Madre and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces- Kleberg county line and the centerline of Park Road 22, for the east comer of the tract here -in described; THENCE, southwesterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798 feet, more or less, to a point on the southwest boundary line of said 1,260.57, for the south corner of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, as follows; N 46° 12' 57" W, A distance of 487.05 feet, more or less; N 39° 59' 21" W, A distance of 811.42 feet, more or less; N 87° 51' 25" W, A distance 551.75 feet, more or less N 61° 15' 12" W, A distance of 2,937.08 feet, more or less; THENCE, North 610 14' 42" West continuing along the southwest boundary line of said 1,260.57 acre tract, 974.38 feet, more or less, to a point on the shoreline of the Laguna Madre, the present city limit line established by Ordinance No. 10007, dated November 18, 1970, for the west comer of this tract; THENCE, Northeasterly along said shoreline and the present city limit line as follows; N 48° 17' 33" E, A distance of 721.82 feet, more or less; N 33° 16' 49" E, a distance of 614.94 feet, more or less; N 38° 06' 16" E, A distance of 671.21 feet, more or less; N 450 47' 20" E, A distance of 206.28 feet, more or less; N 64° 57' 01" E, A distance of 344,90 feet, more or less; S 81° 08' 24" E, A distance of 139.73 feet, more or less; THENCE, North 25° 34' 09" East continuing along said present city limit line, 899.61 feet, more or less, to a point on the Nueces - Kleberg county line, for a comer in the present city limit line, and an outside comer of this tract; EXHIBIT B _316_ Metes and Bounds Area C, Tract 1.2 Page 2 THENCE, North 72° 19' 32" East along the Nueces- Kleberg county line, the present city limit line, 1,106.23 feet, more or less, to a point, for an inside corner of this tract; THENCE, North 73° 48' 14" East continuing along the Nueces - Kleberg county line, the present city limit line, 1,890.78 feet, more or less, to a point, for a corner in the Nueces- Kleberg county line and the north corner of this tract; THENCE, South 69° 56' 35" East continuing along the Nueces- Kleberg county line, the present city limit line 4,638 feet, more or less, to a point on the centerline of Park Road 22, for the POINT OF BEGINNING. H: 1PLN- DIRIERMA1WORD \M &B\AREACTRACTI.2, DOC EXHIBIT B —317— METES AND BOUNDS AREA C TRACT 2 52 acres, more or less, out of an 18.07 acre tract located east and adjacent to Park Road 22 and north of and adjacent to the Nueces - Kleberg county line, described in Document No. 840580, Nueces County, Texas plat records and out of a 37 acre tract, more or less, locatedeast of and adjacent to Park Road 22 and north of and adjacent to said 18.07 acre tract, described in Document No 1998050703, Nueces County, Texas, plat records, said 52 acres, more or less, more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the east right -of -way line of Park Road 22 (South Padre Island Drive) and the Nueces- Kleberg, county line, for a corner in the present city limit line established by Ordinance No. 016752, dated November 18, 1981, and the west corner of the tract here -in described; THENCE, northeasterly along the east right -of -way of Park Road 22, the present city limit line, its curves and its angles, a linear distance of 1,121 feet, more or less, to a point on the south boundary line of Nueces County Park No. 1, for the north comer of said 37 acres and the north comer of this tract; THENCE, southeasterly along the south boundary line of Nueces County Park No, 1 the northeast boundary line of said 37 acre tract, 2,048 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east corner of this tract; THENCE, southwesterly along said vegetation line, approximately .150 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, a linear distance of 1,121 feet, mar or less, to a point on the Nueces - Kleberg county line for the south corner oft his tract; THENCE, northwesterly along said Nueces- Kleberg county line, 2,048 feet, more or less, to a point on the east right -of -way line of Park Road 22, for the point of beginning. Fi:1P LN- DIR1ERNA\WORDIM &BIAREACTRACT2. DOC EXHIBIT C -318- 1 Vista Del Mar (Annexation Tract "C" Concept Plan LEGEND N Executive Housing Village Residential Condominiums Research/Office Park/Commercial Resort/Conference Neighborhood Commercial Village Commercial Desalinization Plant Golfcourse Marina Planned Parkways 0 500 1000 2000 feet INTENSITY TABLE Proposed Development Land Use Total Acres Residential Non - Residential Residential Density* Dwellings/ Hotel Rooms F.A.R. ** Square Footage 11,000s) Executive Housing' 130 1.5 195 d.u.s Village Residences2 70 14 980 d.u.s Condominiums 40 40 480 d.u.s Research/Office/Commercial 80 0,22` 767 Resort/Conference 45 1,500 rooms 1 150 Neighborhood Com 6 0.1 26 Village Commercial /Services' 30 3 90 d.u.si 0.7 523 2, 18-hole Golf Courses 300 Other Open Space/Recreation*** 559 Total 1,260 1,745 d.u.s 1,500 rooms 1,466 Residential density measured in dwelling units (d.u.$) per acre. F.A.R. — Floor Area Ratio (square foot of floor area per square foot of site area). Includes marina / open and enclosed amusements 11CITYHALLOZIUSERSIPLN -D[ RIERMA\ WORDIM &g1AREACINTENSITYTAB LE.DOC ' Executive Housing — single- family detached 2 Village Residences — single- family, attached and/or detached, and multiple - family Village Commercial/Services — may include single- family, attached and/or detached, and multiple - family EXHIBIT E —320— 28 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/7/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com 361- 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Bettie L. Barr (Case No. 1111 -01) 2049 Flour Bluff Drive PUBLIC HEARING — ZONING Case No. 1111 -01: Bettie L. Barr: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial use to a light industrial use. The property to be rezoned is Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. Plannino Commission and Staffs Recommendation: (December 7, 2011) Denial of the change of zoning from "CG -2" General Commercial District to the "IL" Light Industrial District in lieu thereof approval of a "CG -2" General Commercial District with a Special Permit "SP" subject to five (5) conditions, without resulting in a change of future land use from commercial use to a commercial use with a special permit: • BACKGROUND AND FINDINGS: The applicant Bettie L. Barr president and operator of both businesses requests the rezoning in an effort to allow for the continued use of the site as corporate offices for two (2) individual business entities and an outside assembly, maintenance and storage yard. Applicant is in agreement with the recommendation by Development Services staff and Planning Commission though different from his original request. ALTERNATIVES: 1. Approval of the applicant's request for a change in zoning. 2. Denial of the request to modify or change the current zoning "CG -2" General Commercial District. K:\ Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda103 -20- 201211111 -01, Bettie L Barr102 -03 -2012, 1111 -01 Bettie L Barr, Agenda Memo REVISED by WV.docx -323- City Council Executive Summary Memorandum Bettie L. Barr (Case No. 1111 -01) Page 2 OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change in zoning is not consistent with the Comprehensive Plan or the Flour Bluff ADP but in recent years there has been a push by property owners for commercial redevelopment in this area. This fact along with the ever increasing volume of traffic along Flour Bluff Drive staff supports a modified zoning request for a "CG -2" General Commercial District with the (5) conditions established by a special permit "SP ". EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item .Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: On December 7, 2011, the Planning Commission and Staff recommended denial of the change of zoning from "CG -2" General Commercial District 6 to the "IL" Light Industrial District in lieu thereof approval of the "CG -2" General Commercial District subject to the following (5) conditions. 1). Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service vehicles, equipment and tools. 2.) Storage of equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field services operations. 3.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. K: ILEGALISHAREDILEGAL- DEV.SVCS12012 AGENDA103-20-201211111-0 1 , BETTIE LBARR102 -03 -2012, 1111 -01 BETTIE L BARR, AGENDA MEMO REVISED BY WV.docx -324- City Council Executive Summary Memorandum Bettie L. Barr (Case No. 1111 -01) Page 3 4.) Lighting: Any and all outdoor fighting shall be shielded and directed away from adjacent neighboring properties, Flour Bluff Drive and Division Road street right -of -ways. 5.) Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K:I LEGALISHAREDILEGAL- DEV.SVCS12012 AGENDA 103 -20- 201211111 -01, BETTIE L BARR102 -03 -2012, 1111 -01 BEI.1'lh L BARR, AGENDA MEMO REVISED BY WV.docx —325— ZONING REPORT Case No.: 1111 -01 Planning Commission Hearing Date: December 7, 2011 Applicant: Bettie L. Barr Representative: James L. Post Owner(s): TraBarr Partners, LTD. Legal Description/Location: Don Patricio, Block S, Lots 23 -30, located on the northeast comer at the intersection of Flour Bluff Drive and Division Road. o 0 N From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 1.34 Acre Purpose of Request: To allow for the continued use of subject property as corporate offices for two (2) business entities and an outside storage and maintenance yard. o tit .El g o N o et ' '' i W Street Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Commercial Business & Storage _ Commercial North "CG -2" General Commercial Commercial Commercial South "RS -6" Single - Family 6 Low Density Residential Low Density Residential East "CG -2" General Commercial Commercial Storage & Vacant Medium Density Residential West "IL" Light Industrial Commercial & Vacant Commercial Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for continued commercial use. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Flour Bluff ADP or Future Land Use Map. Map No.: 037,031 Zoning Violations: Code Enforcement has issued a zoning violation notice for the following: non - conforming land use and property is not zoned as an industrial use and for the outside storage of equipment and commercial vehicles. Staff's Summary: • Requested Zoning: The purpose of the request to an "IL" Light Industrial District is to allow for the continued use of subject property as corporate offices' for two (2) business entities and an outside assembly, maintenance and storage yard, • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial and major north and south traffic carrier for the Flour Bluff peninsula. Approximately one half mile north of the subject property, Flour Bluff Drive is currently being widened to accommodate the recently added traffic loads into and out of the newly constructed Wal -Mart and to better serve the increasing north and south bound traffic demands. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Flour BIuff Drive 65' R.O.W., 28' paved 95' R.O.W., 64' paved Al Arterial 12388 Division Road 60' R.O.W., 20' paved 60' R.O.W., 28' paved C! Collector NA K:I LEGALISHARE DILEGAL- DEV,SVCS12012 AGENDA103- 2 0- 2 01 2\1111 -01, BETTE L BARR11111.01 BETTIE L BARR, ZONING REPORT, (CG -2 TO IL), REVISED BY WV ON 01- 12- 2012.DOC -326- Zoning Report Case #: 1111 -01, Bettie L. Bair Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth. AIthough the proposed rezoning is not compliant with the adopted development plans for this area, the request does agree with current development trends by property owners situated along Flour Bluff Drive. Recently several property owners have expressed interest in rezoning several multi -Iot properties from residential to commercial and commercial to light industrial to allow for a more intense use of the properties situated along Flour Bluff Drive. If permitted as requested it would permit the expansion of an existing "IL" District across Flour Bluff Drive a major north and south bound arterial. In addition to the recent development trends, Flour Bluff Drive right - of-way immediately north of the subject property has been widened to four (4) lanes in efforts to ease the increasing traffic demands in this area. This project does not provide any additional housing opportunities or expand on the idea of a "walk- able" community based on the variety and availability of transportation choices. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Flour Bluff ADP encourage commercial development including where adjacent to residential properties. This may be achieved by employing screening and landscape buffering methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. Industrial uses are not included or considered a commercial development. While this request for change of zoning to the "IL" Light Industrial District would be an expansion to an existing industrial district, it is also adjacent to a two - family residential district and mixed use neighborhood to the east. To the south and across Division Road, there is an existing single family residential neighborhood. Iminediately to the north, there is an existing "CG -2" General Commercial District with the aforementioned 11? Light Industrial District west of and across Flour Bluff Drive. Plat Status: The subject property is platted as Don Patricio Subdivision, Block S, Lots 23 -30. Department Comments:, • The applicant, Bettie L. Barr president and operator of both companies, has submitted a request for a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow for the continued use of the property as corporate office space for two business entities with a shared service and storage yard. The storage yard would include small trucks, trailers, generators, fuel tanks, water tanks, and tools for the outside assembly of small service trailers. These trailers would have generators, fuel tanks, and water storage tanks affixed to them for explicit use by the company for gate guarding purposes and would not be for sale to the general public. • The property currently consists of a recently constructed 4,400 square foot metal building approximately 24 feet in height. Half of this building serves as office space for two separate business entities with the other half serving as a service shop for trailers, generators, travel trailers, water tanks, fuel tanks, and various other items related to the servicing of the gate guarding business. The fenced work and service yard behind the building is surrounded by a chain link fence fitted with privacy screening slats which properly shield the area from view of the public right -of -way along Division Road. —327— Zoning Report Case #: 1111 -01, Bettie L. Barr Page 3 • Should the applicant be granted a change of zoning to an industrial zoning district, the Unified Development Code requires a Zoning District Buffer Yard for redeveloped properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.6. Table A, Required Zoning District Buffer Yard for (Redevelopment). This section will also require the construction and placement of a solid screening fence to help achieve the 15 the point participation requirement. • Although this rezoning request is inconsistent with the adopted Future Land Use Plan it is in keeping with the current development trends in this area of Flour Bluff. An industrial use at this location could negatively impact the surrounding property owners and as a result leaves staff with no other choice than to not support and not recommend approval of this request to rezone Ms. Bettie Barr's property from "CG -2" General Commercial District to the "IL" Light Industrial District. Staff & Planning Commission Recommendation: Denial of the change of zoning from "CG -2" General Commercial to the "IL" Light Industrial District in lieu thereof approval of a approval of a "CG -2" General Commercial District with a Special Permit subject to a site plan and the following (5) conditions. 1). Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles, equipment and tools. 2.) Storage of Equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. 3.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. 4.) Lighting: Any and all outdoor lighting shall be sliielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street right -of -ways. 5.) Time Limit: Such Special permit shall be deemed to have expired within. twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. ok a 0 po Number of Notices Mailed Total 20 within 200' notification area; 1 outside notification area Favor 1 (inside notification area); 0 (outside notification area) Opposition 2 (inside notification area); 0 (outside notification area) For 7.05% in opposition as of December 06, 2011 Attachments: Site — Existing Zoning, Notice Area, & Ownership Site — Future Land Use Site Plan —328— SUBJECT PROPERTY 41 40 9 38 37 36 GREEN TREE UNIT #2 5 1$ FLOUR HE: .NTS 12 11 A . %s N'r T 1 iiHe/ Off e Prepare - -,r 5RR Dep. - h[afievelopment ervlces CASE: 1111 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM-2 Multifamily2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG-2 CI CBD CR-3 FR BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy industrial PHD Planned unit Dev. Overlay RS -10 Singre- Family 10 RS-5 Single-Family 6 RS4.5 single - Family 4.5 RS -TF Two-Famlly Rs-15 Single- Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subleel Properly 0 Owners well 200' buffer h fever 4 Owners Whin 200' fisted on V Owners attached ownershhe table o1 appearlaq __ILOCATION MAP -329- City of Corpus Christi SUBJECT PROPERTY • 44 • t 4 G.} �" 4 v �e m CASE: 1111 -01 4. SITE- Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial FUTURE LAND USE Transportation Plan ExfsBng Proposed - Expressways mom Arterials ---- Collectors - - - -• NM Parkway -1++++ Railroad +1i-1-1- 000 0 m DP MA Tourist Research /Business Park Light Industrial Heavy industrial Public Semi- Public Park Drainage Corridor Dredge Placement Water Conservation /Preservation Map Scale: 1:2,400 SUBJECT PROPERTY. LOCATION MAP s r� City of Christi -330- if 4 Jj iji 4J u CO Ng4ej 1 .itil r 44 +.4 , 1 121 tre • Division Road ,Its oiv■ Ana Al .11 anpa Ante .111011 aai- ofti d:IA Ordinance amending the Unified Development Code (UDC), upon application by Owner, Bettie L Barr, by changing the UDC zoning map in reference to Don Patricio Subdivision, Block S, Lots 23 -30, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a special permit and subject to five (5) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Bettie L. Barr, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday, March 20, 2012, 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, and 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 Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road, from "CG -2" General Commercial District to the "CG -2/SP" General Commercial District with a special permit and subject to five (5) conditions, without resulting in a change of future land use (Zoning Map 037,031; Exhibit "A" - Planning Commission and Staff's Zoning Recommendation). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles, equipment and tools. 2. Storage of Equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the Page 2 of 4 service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. 3. Hours of Operation: Hours of operation shall be 6:00 a.m. to 9:00 p.m. Any and all deliveries must occur within this time frame. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street right -of -ways. 5. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition 1 and in compliance with all other conditions. SECTION 3. That the UDC and corresponding UDC 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. K:1 Lega1 1SHAREDILEGAL- DEV.SVCS12012 Agenda11111 -01, Bettie L Barr101 -12 -2012 1111 -01 Bettie L Barr, ordinance - SP,DWBFinal,doc —333— ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary • APPROVED as to form: This '' day of Page 3 of 4 Joe Adame Mayor, City of Corpus Christi eborah Walther Brow Assistant City Attorney For City Attorney , 2012 K; 1Lega1 1SHAREDILEGAL- DEV.SVCS12012 Agendall111 -01, Bettie '4F 13E1 \01 -12 -2012 1111 -01 Bettie L Barr, Ordinance - SP,DWBFinaLdac 33 Page 4 of 4 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:I Lega11SHAREDILEGAL- DEV.SVCS12012 Agenda11111 -01, Bettie L Barr101-12-2012 1111-01 Bettie L Barr, Ordinance - SP,DWBFinai.doc —335— VAC VAC SUBJECT PROPERTY MDR VAC �. '•F MDR MDR LDR w1i1842oii Prepa -•'S�yy, Karl in of Development Vervic CASE: 1 111 -01 Exhibit A Planning Commission & Staff Recommendation From: "CG -2" General Commercial SUBJECT ROPERTY To: "CG -2 /SP" General Commercial with a Special Permit LOCATION MAP 29 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/8/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director, Department of Development Services J V Stephen D @cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Yorktown Oso Joint Venture (Case No. 0112 -01) Change from "FR" Farm Rural to "RS -4.5" Single - family 4.5 Property Addresses: 7201 Yorktown Boulevard PUBLIC HEARING — ZONING Case No. 1011 -01: Yorktown Oso Joint Venture: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 District, resulting in a change of future land use. The property to be rezoned is Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 Acres out of Lot 29, south of Yorktown Boulevard and east of Rodd Field Road. Planning Commission and Staff's Recommendation: January 4, 2012, Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. BACKGROUND AND FINDINGS: + The proposed change of zoning is adjacent to a large scale single - family residential community (Rancho Vista). • The proposed change would be consistent with the projected future land use of the area. • The smaller Tots will provide additional opportunities to construct homes rather than the standard 6,000 square foot lots. ALTERNATIVES: Denial of the change of zoning to the "RS -4.5" Single - family 4.5 District. OTHER CONSIDERATIONS: N/A K:\ Legal \SHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA rrEMS10112 -01, Yorktown Oso Joint Venturel01 -19 -2012, 0E12-01 Yorktown Oso Joint Venture, Agenda Memo REVISED by EAM.docx —3 3 9 - City Council Executive Summary Memorandum Yorktown Oso Joint Venture (Case No. 0112 -01) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years . TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE runa(s): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation: January 4, 2012, Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager K: IL. ega 11SEIAREDILEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMSI0112 -01, Yorktown, Oso Joint Venture101 -19 -2012, 0112 -01 Yorktown Oso Joint Venture, Agenda Memo REVISED by EAM.docx -340- ZONING REPORT Case No.: 0112 -01 Planning Commission Hearing Date: January 4, 2012 Applicant & Legal Description Applicant/Owner: Yorktown Oso Joint Venture Representative: Urban Engineering Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 Acres out of Lot 29, located south of Yorktown Boulevard and east of Rodd Field Road. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single - family 4.5 District Area: 7.566 Acres Purpose of Request: To allow for the construction of single family homes. Existing Zoning and Land Uses Traffic Volume 2007 Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Low Density Residential North "RS -4.5" Single - family 4.5 Low Density Residential Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "FR" Farm Rural Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 4.5" Single - family 4.5 District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 042,029 Zoning Violations: None Start's Summary: • Requested Zoning: The purpose of the requested "RS -4.5" Single - family 4.5 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon Justus Drive, a local street, and Fred's Folly Drive, a minor collector, within the existing Rancho Vista Subdivision. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. ' Plan Type Traffic Volume 2007 Justus Dr. 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A Fred's Folly Dr. 60' .R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. • Comprehensive PIan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development PIan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development.— 3 41— Zoning Report Case #: 0112 -01, Yorktown Oso Joint Venture Page 2 Plat Status: Subject property is not platted. Department Comments: • The proposed change of zoning is adjacent to a large scale single- family residential community (Rancho Vista). • The proposed change would be consistent with the projected future land use of the area. • The smaller lots will provide additional opportunities to construct homes rather than the standard 6,000 square foot lots. Staff' Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. Planning Commission Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. E f3 Paq Number of Notices Mailed Total — 21 within 200' notification area; 0 outside notification area Favor -- 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of November 4, 2011 Attachment: 1. Site — Existing Zoning, Notice Area, & Ownership map K:IDevelopmentSvcs\SHAREDI1. Planning Commission12012 PC12012 Zoning Reports\Jan 20121Zoning Case No. 0112 -01, Yorktown Oso Joint Venture (FR to RS- 4.5).doc —342— RANCHO Itt SUBJECT PROPERTY f2/21/20ff Prepared By: SRR of Development Services CASE: 0112-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily RM -2 Multifamily RM -3 multifamily ON Professional Office RM-AT MultifamlyAT CN -1 Neighborhood Commerclaf CN -2 Neighborhood Commercial CR -1 CR -2 CO-1 CG -2 CI COD CR.3 FR N OP Resort Commercial Resort Dommerclat General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Corn merclal Fenn Rural - Historic Overlay Business Palk IL Light Industrial 114 Heavy Industrial PUD Planned Unit Dev. Overlay RS -t0 SIngle- Family 10 RS-& Single-Family 6 RS -4.6 Single-Family 4.5 RS -IF Two -Family RS-1B Single - Family 15 RE Resldenllal Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subfect Property O Owners with 200' bulky fn favor 4 Owners within too' fisted on ft/ Owners attached ownership table Ain opposition -343- Ordinance amending the Unified Development Code (UDC), upon application by Owner, Yorktown Oso Joint Venture, by changing the UDC zoning map in reference to 7.566 Acres out of Section 25, Lot 29 Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 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 recommendations concerning the application of Yorktown Oso Joint Venture, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 4, 2012, during a meeting of the Planning Commission, and on Tuesday, March 20, 2012, 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 7.566 Acres out of Section 25, Lot 29, Flour Bluff and Encinal Farm and Garden Tracts, located south of Yorktown Boulevard and east of Rodd Field Road, resulting in a change of future land use; (Zoning Map 042,029) (Exhibit A - "Planning Commission and Staff 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. SECTION 3. That the UDC and corresponding UDC 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. Page 2 of 3 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This eix- day of f rcJa , 2012. A La_01: - rah Walther .Browne stant City Attorney For City Attorney K: 11. egat \SHARED1t_EGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -01, Yorktown Oso Joint Venture101- 19 -12, 0112 -01 Yorktown Oso Joint Venture, FR to RS-4.5 Ord, PC- StaffRec.DWBFinaidoc —345— Pag e 3 of 3 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K :\LegalISHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -01, Yorktown Oso Joint Venture101- 19 -12, 0112 -01 Yorktown Oso Joint Venture, FR to RE- 4 45 PC -Staf Rec,DWBFinaIdoc R Ss'4. SUBJECT PROPERTY 0 400 800 77147 W fl Prepared 8y SRR et Development Services CASE: 0112 -0 Exhibit A Planning Commission & Staff Recommendation From: "FR" Farm Rural To: "RS -4.5' Single-family 4:5 Ordinance No. -347- 30 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/13/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Vishal Hotel, LP (Case No. 0112 -03) Change from "IL" Light Industrial District to "CG -2" General Commercial District Property Address: 4331 South Padre Island Drive PUBLIC HEARING — ZONING Case No. 0112 -03: Vishal Hotel, LP: The applicant is requesting a change of zoning from "IL" Light Industrial District to "CG -2" General Commercial District, not resulting in a change of future and use. The property is described as Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. Planning Commission and Staffs Recommendation: January 18, 2012, Approval of the change of zoning to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: • Furr's Cafeteria previously occupied the building at this location. In July 2011, a commercial demolition permit was issued for complete demolition of the restaurant. The "IL" Light Industrial zoned properties in the surrounding area have a commercial use. The proposed use, a hotel, is not allowed in the "IL" Light Industrial District, but is allowed in a commercial zoning district. The zoning change will result in a less intense zoning district. Transitioning from an industrial zoning district to a commercial district at this location would be more in keeping with current development trends in this area. In addition, the rezoning request is consistent with the adopted Future Land Use Map and Southside Area Development Plan. ALTERNATIVES: Denial of the change of zoning to the "CG -2" General Commercial District OTHER CONSIDERATIONS: N/A K:1 Legal\SHAREDILEGAL-DEV.SVCS12012 Agenda & NonAgenda120I2 AGENDA 1TEMS103 -20- 201210112 -03, Vishal Hotel, LP101 -21 -2012, 0112 -03, Vishal Hotel, Agenda Memo REVISED by EAM.docx -351- City Council Executive Summary Memorandum Vishal Hotel, LP (Case No. 0112 -03) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as commercial use. The proposed zoning change is consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. Placement of commercial activities should be at locations with good access and high visibility. Industrial uses are not included or considered a commercial development. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal 'Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE una(s): Comments: None RECOMMENDATION: Planning Commission and Staff's Recommendation: January 18, 2012, Approval of the change of zoning to the "CG -2" General Commercial District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K:I Legal \SHARED\LECAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS101 I2 -03, Vishal Hotel, LP101 -21 -2012, 0112 -03, Vishal Hotel, Agenda Memo REVISED by EAM.docx -352- ZONING REPORT Case No.: 0112 -03 Planning Commission Hearing Date: January 18, 2012 Applicant & Legal Description Applicant: Vishal Hotel, LP Representative: Raju Bhagat Owner: Vishal Hotel, LP Legal Description/Location: Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 2.06 Acres Purpose of Request: To allow for the construction and operation of a hotel. Existing Zoning and Land Uses Traffic Volume 2011 Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Commercial North"IL" Light Industrial (north of S. Padre Island Dr.) Commercial Commercial South "CG -1" General Commercial Commercial Commercial East "CG -2" General Commercial Commercial Commercial West "IL" Light industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial use. The proposed change in zoning to the "CG -2" General Commercial District is consistent with the Southside ADP and Future Land Use Map. Map No.: 045,037 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "CG -2" General Commercial District request is to allow for the construction of a hotel. • Transportation and Circulation: The subject property fronts South Padre Island Drive (State Highway 358), a major east to west highway and predominate traffic carrier for the south, east, and south side of Corpus Christi. reet 3.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2011 South Padre Island Drive 250 -foot right -of -way; 250 -foot paved 250 -foot right -of -way; 250 -foot paved F1 Freeway/ Expressway 10131 • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The applicant proposes redevelopment on a currently vacant property and will use existing infrastructure. The requested "CG -2" General Commercial District would be an expansion of existing commercial districts adjacent to the south and east of the subject property. KA LEGAUSHAREDILEGAL- DEV.SVCS\2012 AGENDA10112 -03, VISHAL HOTEL, LP40] �26yONENG REPORT BY JR.DOC Zoning Report Case #: 0112 -03, Vishal Hotel, LP Page 2 • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as commercial use. The proposed zoning change is consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. Placement of commercial activities should be at locations with good access and high visibility. Industrial uses are not included or considered a commercial development. Plat Status: The subject property is platted as Byron Willis Subdivision, Block 2A, Lot J. Department Comments: • Furr's Cafeteria previously occupied the building at this location. In July 2011, a commercial demolition permit was issued for complete demolition of the restaurant. • The "IL" Light Industrial zoned properties in the surrounding area have a commercial use. The proposed use, a hotel, is not allowed in the "IL" Light Industrial District, but is allowed in a commercial zoning district. The zoning change will result in a less intense zoning district. Transitioning from an industrial zoning district to a commercial district at this location would be more in keeping with current development trends in this area. In addition, the rezoning request is consistent with the adopted Future Land Use Map and Southside Area Development Plan. Staff Recommendation: Staff recommends approval of the requested zoning change the from the "IL" Light Industrial District to the "CG -2" General Commercial District. Planning Commission Recommendation: Approval of the change of zoning to the "CG -2" General Commercial District. Number of Notices Mailed Total 7 within 200' notification area; 0 outside notification area Favor 0 (inside notification area); 0 (outside notification area) Opposition 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition as of January 12, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership Map 2. Exhibit A — "Planning Commission & Staff Recommendation" —354— ANDRR -144M At. WiLLIS J.C. HO AN SUB cr SUBJECT PROPERT CG-2 TR 11 rititar 3C OVO:d2of2 Prepared By: SRR Department of Devdopmenr Services CASE: 01.12 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 RM -2 multifamily 2 RM-3 Mufifamty3 ON Professional Office RM-AT MultifamlyAT CN -1 Neighborhood Commercial CN-2 Neighborhood Commercial CR -1 Revert Commercial CR -2 Resort Commercial CG -1 General Commercial CG-2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR-3 ResodCommfrcIal FR Farm Rural H Historic Overlay BP Business Park IL Light industrial lit Heavy Industrial KID Planned Unit Der. Overlay RS -10 Single- Fpmiy10 Rs.11 Single - Family a R8-4.5 Single-Family 4.3 RS -TF Two-Fatally R3-15 Single- Famiy15 RE Residential Estate RS-TH Townhouse gp Spaniel Permit RV Recreational Vehicle Park RMH Manufactured Home SohjectAopealy Owners with 200' hatlkr In favor 4 Owners within 200' listed on v more ettached ownership fable A In oppcartlon —355— Exhibit A Planning Commission & Staff Recommendation From: "IL" Light Industrial To: "CG -2" General Commercial Ordinance No. Ordinance amending the Unified Development Code (UDC), upon application by Owner, Vishal Hotel, LP, by changing the UDC zoning map in reference to Byron Willis Subdivision, Block 2A, Lot J, from the "IL" Light Industrial District to the "CG -2" General Commercial 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 recommendations concerning the application of Vishal Hotel, LP, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 18, 2012, during a meeting of the Planning Commission, and on Tuesday, February 21, 2012, 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 Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (Highway 358), east of Weber Road and west of Flynn Parkway, not resulting in a change of future land use (Zoning Map 045,037; Exhibit A "Planning Commission and Staff 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. SECTION 3. That the UDC and corresponding UDC 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. Page2of3 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: This 8day of --€.01 , 2012. Joe Adame Mayor, City of Corpus Christi rah Walther Brown istant City Attorney or City Attorney K \ LegaRSHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEM510 1 1 2 -03, Vishal Hotel, LP101- 1g.12, 0112 -01 Vishal Hotel, IL to CG -2, Ord, PC -Staff Rec.DWBFinal.do 5 Page 3 of 3 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K: ILegalISHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -03, Ushal Hotel, LP101- 19.12, 0112 -01 Vishal Hotel, IL to CG -2, Ord, PC -Staff Rec.DWBFinal.d —359— 1'a sl'0,11# 14-. Sr 44 HO 414' $Lt WILL $ A 11 NO OT MA at Exhibit A Planning Commission & Staff Recommendation From: "IL" Light Industrial To: "CG -2" General Commercial 31 -1 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: February 16, 2012 TO: Ronald L. Olson, City Manager FROM: Alison J. Logan It 3 First Assistant City Attorney AlisonL[cctexas.com 361.826.3376 UPDATE TO CITY COUNCIL -- Recommendations of the Ethics Commission to amend Article V. Code of Ethics. STAFF PRESENTER(S): Name 1. Alison J. Logan OUTSIDE PRESENTER(S): Title /Position Department First Assistant City Attorney Legal Name Title /Position 1. Jennifer Dragoo Chairperson , BACKGROUND : Presentation to City Council to seek the input of its members. A two reading ordinance will follow. LIST OF SUPPORTING DOCUMENTS: Amendments to Article V. Code of Ethics. Organization Ethics Commission ARTICLE V. CODE OF ETHICS* DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council m ers retain their rights as citizens to interests of a personal or economic nature t. `b their rights to publicly express their views on matters of general public interest. It" e intent of this ordinance to diminish the rights of city council members as cif : -� .' ofy _`_ ..community. However ci council members ma not use manager or city employees to advance th economic interest. or the entities in which Sec. 2411. Standards. ositions in lin• with the ci rsonal economic their families' have a substantial ir-est. } The following rules of conduct apj employees: • ers, board members, and Conflicts of interest' If a co - ou or one of o'a .iativ -= ve a conflict of interest or potential conflict of interest, Y �� comes b�.0 in the performance of your official duties, you shall take the followiictions: (i) Immediately make a written disclosure of your interest in the matter to the City Secretary and City Manager. (ii) Abstain from any vote or decision. Not participate in any discussion on the matter with members of the council, the City Manager, or City employees. ct or transaction involvin the a in which 1 —364— (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract of transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city service r discuss your personal interest with a city representative on be ` „'f your own interest if you notify the City Secretary and City Mar n. writing that you have a personal interest in a matter that read-4s laby the city, and that you are acting strictly in your privateepacity, an n& as a member of the city council or board or as a city .e r` levee and you d a any member of the city council, city board or CO* scion, or any city enitioyee you are dealing with that you are appear a only in, our privat O pacity. Sec. 2-312. Definitions. The following definitions_ _ly to the above ru Conflict of infe 's An f erest, rea sable expectation of an economic benefit. sub tantial mteres r � ated substantial interest in a matter or transaction in • ti ' i that uld inff% c an ndividual's abili to make an im • artial ision. * Substantial interest: A y interest in a business entity if the person or relative own en (10) per cent or more of voting stock or shares of the business entit&T ow s .ten (10) per cent or more or five thousand dollars ($5,000.00) or m; s "tihe fair market value of the business entity or funds received from thesbusiness entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A city council member person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. 2 —365— DIVISION 2. ETHICS COMMISSION Sec. 2-330. Complaints. * * (b) Upon the sworn complaint of any five-(5)-three (3) people filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city offic -` .. +y nd board members other than members of this commission. In addition, the c• p _ Vision shall consider such possible violations when referred to it as a compla ajority vote of all council members holding office and qualified to vote ther � * until may direct the city attorney to draft such referred complaint, whi h - I be re ' '.= ,-d as other complaints hereunder. The council members voting fo omplaint sh =" 'fin the complaint. 3 -366- 32 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: TO: FROM: February 16, 2012 Ronald L. Olson, City Mangier Valerie H. Gray, P.E. ValerieGCa.cctexas. co 361.826.1875 UPDATE TO CITY COUNCIL — Street Maintenance Funding Plan Overview STAFF PRESENTER(S): Name 1. Oscar Martinez 2. Valerie H. Gray, P. 3. Dan Biles, P.E. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title /Position Asst. City Manager Director Interim Director TitlelPosition Department Public Works, Utilities & Transportation Storm Water and Streets Engineering Organization BACKGROUND: The Street Maintenance Finance Ad Hoc Advisory Committee gave its final presentation and recommendations on January 31, 2012. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation to be provided at a later date. Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager �.m,ys.,;�«;,.,