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Agenda Packet City Council - 05/08/2012
Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Meeting Agenda - Final- revised City Council Tuesday, May 8, 2012 12.00 PM Council Chambers 11:46 AM Proclamations R .(;F 1 V t U Proclamation declaring May 5 - 13, 2092 as "National Tourism Week" Proclamation declaring May 6 - 12, 2092 as `National Children's Mental Health Awareness" MAY Q 4 2012 7it Proclamation declaring May 6 -12, 2012 as 'Animal Control Officer, Staff and Volunteer I l 40 All'1 Appreciation Week" Proclamation declariing May 6 -12, 2012 as "Goodwill Industries Week" C11y SECRETARY'S OFRCJE Proclamation declaring May 12, 2092 as "No Bullying Day" Proclamation declaring May 15, 2092 as "National Peace Officer's Memorial Day" and May 13 -19, 2012 as "National Police Week" Proclamation declaring May 2092 as "Elder Abuse Prevention Month " Recognition of Storm Water and Street Employees for Southside Rotary Club "Unsung Heroes "Award 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 and of the Council Meeting, which ever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un int6rprete ingles- espaflol on todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Kelly, Trinity Worship. 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. E. MINUTES: 1. 12- 00302 Approval of Meeting Minutes - April 24, 2012. Corpus Christi Page i Printed on 51412012 City Council Meeting Agenda - Final- revised May 8, 2012 F. BOARDS & COMMITTEE APPOINTMENTS: 2. 12 -00303 Airport Board Arts and Cultural Commission Commission on Children and Youth Corpus Christi Downtown Management District Mayor's Fitness Council Pipeline Review Panel Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. Installation of replacement equipment for Solid Waste Operations 3. 12 -00109 Motion approving the installation of one (1) split rear load refuse body and one (1) lift roll -off body from Heil of Texas of Houston, Texas for a total contract amount of $209,511 of which $3,741.41 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These bodies are replacements bodies and will be used by the Solid Waste Department. Funds for the lease purchase of the split rear load refuse body and lift roll -off body will be provided through the City's lease/financing program. Sponsors: Purchasing Division and Solid Waste Operations Purchase of replacement vacuum trucks for Storm Water department 4. 12 -00217 Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of $621,171.32. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (H -GAC). All units are Corpus Christi Page 2 Printed on 51412012 City Council Meeting Agenda - Final- revised May 8, 2012 replacements to the fleet and will be used by the Storm Water Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Maintenance Services Fund. Sponsors: Purchasing Division and Storm Water Department Approval of interlocal agreement with Nueces County to share funding for State grant and submission of grant application 5. 12 -00252 Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation. Sponsors: Police Department 6. 12 -00253 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. Sponsors: Police Department Street closures for 2012 Beach to Bay Relay 7. 12 -00222 Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 37th Annual Beach to Bay Relay, to take place, Saturday, May 19, 2012. The temporary street closure of the north and south bound lanes of Shoreline Boulevard. between Furman Street and Coopers Alley, beginning at 6:00 p.m. Friday, May 18,2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. Spons ors: Engineering Department Corpus Christi Page 3 Printed on 51412012 City Council Meeting Agenda Final- revised May 8, 2012 Second Reading Ordinance - Amending City Code of Ethics to meet State requirements for juvenile case managers 8. 12 -00300 Ordinance amending Section 2 -311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics. Sponsors: Municipal Court Administration, Municipal Court Judicial and Parks and Recreation Department 1. 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. 9. 12 -00294 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from Schlitterbahn Waterpark that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect with possible discussion and action in open session. J. PUBLIC HEARINGS: Zoning change for property located at 817 Waldron Road from commercial to light industrial 10. 12 -00210 Case No. 0212 -06: Bluff Plastic: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change of the future land use from commercial to light industrial. The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "IL" Light Industrial District and in lieu thereof approval of a "CG-1/SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Bluff Plastic, by changing the UDC Zoning Map in reference Corpus Christi Page 4 Printed on 51412012 City Council Meeting Agenda - Final- revised. May 8, 2012 to Flour Bluff Estates, Block L, Lots 1 and 2, from the "CG -1" General Commercial District to the "CG -1 /SP" General Commercial District with a Special Permit, subject to three (3) 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. Sponsors: Development Services Public Hearing and Ordinance Amending Urban Transportation Plan 11. 12 -00267 Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street which was to be located approximately 0.28 miles south of Northwest Blvd (FM 624), between FM 1889 and FM 69, amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Sponsors: Planning /Environmental Services K. REGULAR AGENDA . The following items are motions, resolutions and ordinances that will be considered and voted on individually. Donation of new playground set made of recycled materials 12. 12 -0046 Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Ziploce brand of SC Johnson & Son, Inc. and RecycleBank, for installation at the HEB Park located at 1501 Shefy Street. Sponsors: Parks and Recreation Department and Solid Waste Operations Approval of lease agreement for Discover Downtown festival 13. 12 -00279 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Moondogger Productions L.L.C. for 2012 Discover Downtown Music & Film Festival and related activities to allow use of City property including former Memorial Coliseum grounds and adjacent northern parking lot during May 9, 2012 thru May 19, 2012; and declaring an emergency. Sponsors: Parks and Recreation Department L. FIRST READING ORDINANCES Amendment to Code of Ordinances regarding regulation of illegal smoking products 14. 12 -00283 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products Corpus Christi Page 5 Printed on 51412012 City Council Meeting Agenda- Final- revised May S, 2012 and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; providing for publication. Sponsors: Police Department Appropriation of funds to reimburse police overtime costs for special event 15. 12 -00250 Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. Sponsors: Police Department Code amendment regarding "vulnerable road users" protection 16. 12 -00225 Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. Sponsors: Police Department M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Service agreement for street sweeping services 17. 12 -00216 Motion approving a service agreement with Coastal Maintenance Concepts, LLC /Deluxe Finance Inc.,Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of $587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four 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. The service will be administered by the Storm Water Department Sponsors: Storm Water Department and Purchasing Division Acceptance of State grant and appropriation of funds for safety belt enforcement program 18. 12 -00271 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Corpus Christi Page 8 Printed on .61412012 City Council Meeting Agenda - Final- revised May B, 2012 Police Department and to execute all related documents. sponsors: Police Department 19. 12 -00272 Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. Sponsors: Police Department Acceptance of Federal sub -grant and appropriation of funds for purchase of equipment for port security 20. 12 -00246 Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. Sponsors: Police Department 21. 12 -00247 Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. Sponsors: Police Department Purchase of mobile interoperable communications vehicle for Police Department 22. 12 -00249 Motion approving the purchase of a Mobile Interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing Agreement with the State of Texas for a total amount of $229,814. Funds are available through the Port Security Grant Program (PSGP). Sponsors: Police Department and Purchasing Division Acceptance of State grant and appropriation of funds for diabetes prevention program 23. 12 -00259 Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. Sponsors: Health Department 24. 12 -00296 Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. Corpus Christi Page 7 Printed on 514/2072 City Council Meeting Agenda - Final- revised May 8, 2012 Sponsors: Health Department Agreement allowing developer to defer required wastewater improvements prior to final plat of property located at 1026 S. Navigation Blvd. 25. 12 -00261 Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. Sponsors: Development Services Participation Agreement with CCISD for City's portion of costs related to Southside Middle School Tract development 26. 12 -00285 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD - Southside Middle School Tract, in the amount of $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. Sponsors: Development Services and Engineering Department Advance Funding Agreement with TxDOT for utilities work related to 2012 ADA Citywide Curb Ramp Replacement 27. 12 -00224 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. Sponsors: Engineering Department Advance Funding Agreement with TxDOT for utilties work related to McKinzie Road improvements project 28. 12 -00262 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participatior in the amount of $24,282. Sponsors: Engineering Department Street closure application for Discover Downtown Music and Film Festival Corpus Chrlsti Page 8 . Printed on 51412012 City Council Meeting Agenda - Final- revised May 8, 2012 29. 12 -00256 Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the Discover Downtown Music and Film Festival to take place Friday, May. 18, 2012 and Saturday, May 19, 2012. The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. Sponsors: Engineering Department Construction contract to replace wastewater lift station force main 30. 12 -00184 Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid. Sponsors: Engineering Department and Wastewater Department Appropriation of funds and approval of contract to renovate Ayers Municipal Service Center fuel station 31. 12 -00212 Ordinance appropriating $198,096.94 from the Maintenance Services . Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. Sponsors: Engineering Department and Facilities Maintenance Services 32. 12 -00213 Motion authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. corpus Christi Page 9 Printed on 51412042 City Council Meeting Agenda - Final - revised May 8, 2012 Sponsors: Engineering Department and Facilities Maintenance Services Resolution requesting that Nueces County add a Child Safety fee to fund school crossing guard program 33. 12 -00282 Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. SponSM Police Department UPDATES TO CITY COUNCIL 34. 12 -00242 Corpus Christi Regional Economic Development Corporation Presentation Sponsors: Economic Development 35. 12 -00281 Crime Control and Prevention District Review of Proposed FY2013 budget Sponsors: Police Department 36. 12 -00298 Hotel Occupancy Tax Application Process for Arts Funding Sponsors: ACM - General Government & Operations Support N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC ATANY COUNCIL MEETING. THIS POLICYIS NOT MEANT TO RES TRAIN A CITIZEN'S FIRSTAMENDMENT RIGHTS, 0. CITY MANAGER'S COMMENTS: Corpus Christi Page 10 Printed on 5/4/2012 City Council Meeting Agenda - Final- revised May 8, 2012 UPDATE ON CITY OPERATIONS " FIRST YEAR SUMMARY p. ADJOURNMENT Corpus Christi Page 11 Printed on 514/2072 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, April 24, 2012 10:30 AM Council Chambers City Council met in Workshop Session on Tuesday, April 24, 2012 at 10:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to discuss the Street Maintenance Funding Plan - Final Session. 1 A. CaII to order. B. Invocation. Assistant City Manager Oscar Martinez provided a presentation on the final workshop for the Street improvement Finance Work Plan. Mr. Martinez discussed the street design standards, street cut issues, community outreach plan, timing consideration, and financing options. Proclamation declaring April 26, 2012 as "International Pay It Forward Day" Proclamation declaring April 22 -28, 2012 as "National Medical Laboratory Professional Week" Proclamation declaring April 24, 2012 as "GenTX Day" Proclamation declaring May 7, 2012 as "Establishment of the Lindale Park Community EDGE Garden" Proclamation declaring April 27, 2012 as "Arbor Day" Proclamations were read and presented. Mayor Adame and Mayor Pro Tem Loeb were absent. A motion was made and passed that Council Member Mark Scott lead the council meeting. Council Member Scott called the meeting to order. The invocation was provided by Pastor Luis Cabrera, Maranatha Iglesia. C. Pledge of Allegiance to the Flag of the United States. The Pledge was led by the Fourth Grade class from St. James Episcopal School. Present: 7 - Council Member Chris Adler,Council Member Kelley Alfen,Councii Member Larry Elizondo,Council Member Priscilla Leal,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 2 - Mayor Joe Adame, and Council Member David Loeb D. Roll call. Corpus Christi Page 1 Printed on 5/1/2012 —1 — City Council Meeting Minutes - Draft April 24, 2012 City Secretary Chapa verified that the necessary quorum of the council and the required Charter officers were present to conduct the meeting. Council Members Present: Chris Adler, Kelley Allen, Larry Elizondo, Priscilla Leal, John Marez, Nelda Martinez and Mark Scott Council Members Absent: MayorAdame and David Loeb Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa E. MINUTES: 2 Approval of the Regular Meeting of April 17, 2012. A motion was made by Council. Member Elizondo, seconded by Council Member Leal to approve the minutes as presented and passed with the following vote: Aye: 7 - Council Member Adler, Council MemberAlren, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Mayor Adame and Council Member Loeb Abstained: H. CONSENT AGENDA 3 Item No. 6 was pulled for individual consideration and voted on separately. The remaining consent items were approved by one vote. Approval of lease purchase of alternative fuel dump trucks for Wastewater Motion approving the lease purchase of five (5) dump•trucks from Rush Truck Centers of Texas LP, .Houston, Texas for a total amount of $897,500.00 of which $65,085.77 is required for the remainder of FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacement to the fleet and will be used by the Wastewater Department. Financing for the lease purchase of the vehicles will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Loeb Corpus Christi Page 2 Printed on 5/1/2012 -2-- City Council Meeting Minutes - Draft April 24, 2012 4 5 Abstained: 0 Enactment No: M2012 -076 Replacement tractorlbackhoe equipment for Gas department operations Motion approving the purchase of one (1) Series 111 tractor /loader /backhoe from Nueces Power Equipment, of Corpus Christi, Texas for a total amount of $67,140.85. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (H -GAC). The equipment will be used by the Gas Department. Funds are available in FY 2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Loeb Abstained: 0 Enactment No: M2012 -077 Approval to submit State grant application for auto theft burglary program Resolution authorizing the City Manager or designee to submit a grant application in the amount of $681,248 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 12 with a City cash match of $503,003, in -kind match of $14,019, and program income match of $8,541 for a total project cost of $1,206,811 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler,. Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Loeb Abstained: .0 Enactment No: 029456 Approval of program logic control upgrades to O.N. Stevens Water Treatment Plant Corpus Christi Page 3 Printed on 511/2012 City Council Meeting Minutes - Draft April 24, 2012 6 Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners of Boerne, Texas in the amount of $381,190 for 0. N. Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC). Upgrades. The foregoing motion was passed and approved with the following vote: Aye: 6 - Council Member Adler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Martinez and Council Member Scott Absent: 3 - MayorAdame, Council Member Loeb and Council Member Marez Abstained: 0 Enactment No: M2012 -078 7 8 Subscription for infrastructure project coordination software for Water department Motion approving a two -year subscription agreement for the Envista Project Coordination software from Envista Corporation, Beverly, MA, based on sole source for the total amount of $96,000, to be used by the Utility Departments for the web -based infrastructure project coordination. Monies are available in the Water and Wastewater Department operating budgets for FY 2012. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council MemberAdler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Loeb Abstained: 0 Enactment No: M2012 -079 Agreement to provide wastewater to proposed Ranch Lake Unit 2 residential subdivision Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Mostaghasi Enterprises, Inc., owner and developer of Ranch Lake Unit 2, located south of Yorktown Boulevard between the Schanen Ditch and Lake Superior Drive, for the extension of an 8 -inch collection line, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council MemberAdler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 4 Printed on 5/1/2012 -4- City Council Meeting Minutes - Draft April 24, 2012 Absent: 2 - Mayor Adame and Council Member Loeb Abstained: 0 Enactment No: M2012 -080 Second Reading Ordinance - Changing the FY 2011 -2012 Operating Budget regarding the number of police officer positions budgeted 9 Ordinance changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from five to four, and increasing the number of Assistant Police Chiefs from two to three, effective the day following final City Council approval. (First Reading - 4/17112) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council MemberAdler, Council MemberAllen, Council Member Elizando, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott 10 Absent: 2 - Mayor Adame and Council Member Loeb Abstained: 0 Enactment No: 029457 Second Reading Ordinances - Amending FY 2012 C1P Budget to use Type A sales tax proceeds for American Bank Center Arena loading dock Ordinance approving and appropriating thetransfer of $75,000 from No. 1130 Arena Facility Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the preliminary investigation of the American Bank Center Loading Dock; amending the FY 2011 - 2012 Operating Budget, adopted by Ordinance No. 029155 by increasing expenditures by $75,000. (First Reading - 4/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council MemberAdler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Mayor Adame and Council Member Loeb Abstained: 0 Enactment No: 029458 11 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12016 American Bank Corpus Christ, Page 5 Printed on 511/2012 -5- City Council Meeting Minutes - Draft April 24, 2012 Center Loading Dock; increasing expenditures in the amount of $75,000. (First Reading - 4/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council Member Adler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Counci! Member Scott Absent: 2 - MayorAdame and Council Member Loeb Abstained: 0 Enactment No: 029459 Second Reading Ordinance - Approving lease agreement with Girl Scouts of Greater South Texas 12 Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girl Scouts of Greater South Texas for the use of a 76 -acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council Member Adler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Mayor Adame and Council Member Loeb Abstained: 0 Enactment No: 029469 I. EXECUTIVE SESSION: . 13 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial orfinancial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect with possible discussion and action in open session. Mr. Scott announced that the executive session was withdrawn. J. PUBLIC HEARINGS: Public hearing and ordinance imposing assessments and liens for Flour Bluff Drive Corpus Christi Page 6 Printed on 5/1/2012 City Council Meeting Minutes - Draft April 24, 2012 14 15 Public Hearing on proposed assessments on improvements (Construction of a Sound Wall Structure on Public Right of Way) on Flour Bluff Drive. A motion was made by Council Member Elizondo, seconded by Council Member Martinez to open the public hearing. There was no public comment. A motion was made by Council Member Leal, seconded by Council Member Elizondo to close the public hearing. Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Hour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive imposing assessments totaling $23,509.68 against property abutting the improvements fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance was passed and approved with the following vote:: Aye: 6 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Martinez and Council Member Scott Absent: 3 - Mayor Adame, Council Member Loeb and Council Member Marez Abstained: 0 Enactment No: NO- 029461 K. REGULAR AGENDA 16 Construction contract for Corpus Christi Beach Promenade Northward Extension Motion authorizing the City Manager, or designee, to execute a construction contract with H2O Construction Services, Inc. of Corpus Christi, Texas in the amount of $403,272.46 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Mayor Adame and Council Member Loeb Corpus Christi Page 7 Printed on 5/1/2012 —7— City Council Meeting Minutes - Draft April 24, 2012 Abstained: 0 Enactment No: 2012 -081 Adoption of proposed FY 2012 -2013 Consolidated Annual Action Plan 17 Resolution adopting the FY2012 -2013 Consolidated Annual Action Plan ( "CAAP ") which includes the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Programs, for submission to the U.S. Department of Housing and Urban Development ( "HUD "); authorizing the City Manager or designee to execute all documents necessary to amend the CAAP if required by HUD; and authorizing the City Manager or designee to execute funding agreements with organizations for approved projects upon the future acceptance and appropriation of FY2012 -2013 funding from HUD. The foregoing resolution was passed and approved with the following vote: Aye: 5 - Council Member Adler, Council Member Eiizondo, Council Member Leal, Council Member Martinez and Council Member Scott Absent: 4 - MayorAdame, Council Member Allen, Council Member Loeb and Council Member Marez 18 Abstained: 0 Enactment No: 029462 Special permit time extension for a multifamily residential complex located at 2725 Leopard Street Case No. 0311 -02: The NRP Group: The applicant is requesting that Zoning Ordinance 029044 be amended by adding a twenty -four (24) month time extension for a previously granted Special Permit. Planning Commission and Staff Recommendation (March 14, 2012): Approval of the requested Special Permit time extension for an additional twenty -four (24) months. ORDINANCE Ordinance amending Zoning Ordinance 029044, upon application by the NRP Group, by adding a twenty -four (24) month time extension to the Special Permit time limit initially approved; amending the Comprehensive Plan to account for any deviation from the existing Comprehensive Plan; providing a repealer clause; providing penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Corpus Christi Page 8 Printed on 5/1/2012 City Council . Meeting Minutes - Draft April 24, 2012 19 Aye: 5 - Council Member Adler, Council Member Elizondo, Council Member Leal, Council Member Martinez and Council Member Scott Absent: 4- Mayor Adame, Council Member Allen, Council Member Loeb and Council Member Marez Abstained: 0 Enactment No: 029463 Second Reading Ordinance - Correction to metes and bounds and map of dedicated public access easement Ordinance amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. (POSTPONED ON 4/17/12) Council Member Martinez made a motion requesting a substitute ordinance to allow the palm tree in the one foot air easement. The motion died for lack of second. Assistant City Attorney Deborah Brown requested a housekeeping amendment to paragraph in Section 1 to change reference from Lots 12 and 13 to Lots 11 and 12. A motion was made by Council Member Elizondo, seconded by Council Member Leal and passed. An emergency was declared and the foregoing ordinance was passed and approved as amended with the following vote: Aye: 6 - Council MemberAdler, Council MemberAllen, Council Member Elizondo, Council Member Leal, Council Member Marez and Council Member Scott Nay: 1 - Council Member Martinez Absent: 2 - MayorAdame and Council Member Loeb Abstained: 0 Enactment No: 029464 L. FIRST READING ORDINANCES 20 First Reading Ordinance - Amending City Code of Ethics to meet State requirements for juvenile case managers. Ordinance amending Section 2 -311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 9 Printed on 5/1/2012 —9— City Council Meeting Minutes - Draft April 24, 2012 Aye: 6 - Council MemberAdler, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 3 - Mayor Adame, Council Member Allen and Council Member Loeb Abstained: 0 M. FUTURE AGENDA ITEMS 21 22 23 Mr. Scott referred to the Future Agenda Item section of the agenda, Items 21 through 28. Mr. Scott stated that these items were for informational purposes only and that no action or public comment would be taken at this time. Staff provided a presentation on Item No. 25, 27 and 2S. Installation of replacement equipment for Solid Waste operations Motion approving the installation of one.(1) split rear load refuse body and one (1) lift roll -off body from Heil of Texas of Houston, Texas for a total contract amount of $209,511 of which $3,741.41 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These bodies are replacements bodies and will be used by the Solid Waste Department. Funds for the lease purchase of the split rear load refuse body and lift roll -off body will be provided through the City's lease /financing program. This Motion was recommended by staff to consent agenda Purchase of replacement vacuum trucks for Storm Water department Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of $621,171.32. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). All units are replacements to the fleet and will be used by the Storm Water Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Maintenance Services Fund. This Motion was recommended by staff to consent agenda. Approval of interlocal agreement with Nueces County to share funding for State grant and submission of grant application Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation. This Resolution was recommended by staff to consent agenda. Corpus Christi Page 10 Printed on 5/1/2012 _10_ City Council Meeting Minutes - Draft April 24, 2012 24 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. This Resolution was recommended by staff to consent agenda. Donation of new playground set made of recycled materials 25 26 Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Ziploc® brand of SC Johnson & Son, Inc. and RecycleBank, for installation at the NEB Park located at 1501 Shely Street. This Resolution was recommended by staff to regular agenda. Street closures for 2012 Beach to Bay Relay Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 37th Annual Beach to-Bay Relay, to take place, Saturday, May 19, 2012. The temporary street closure of the north and south bound lanes of Shoreline Boulevard. between Furman Street and Coopers Alley, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7 :00 p.m. Saturday, May 19, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. This Motion was recommended by staff to consent agenda. FUTURE PUBLIC HEARING Corpus Christi Page 11 Printed on 5/1/2012 -11— City Council Meeting Minutes - Draft April 24, 2012. 27 Zoning change for property located at 817 Waldron Road from commercial to light industrial Case No. 0212 -06: Bluff Plastic: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change of the future land use from commercial to light industrial. The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre island Drive (SH 358) and east along Waldron Road. Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "JL" Light Industrial District and in lieu thereof approval of a "CG-1/SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions. This Emergency Ordinance was recommended by staff to public hearing. Amendment to Urban Transportation Plan 28 Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street around area of Northwest Blvd.; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. This Ordinance was recommended by staff to public hearing. N. UPDATES TO CITY COUNCIL: 29 American Bank Center Performance Audit Results Mr. Scott referred to Item No. 29, Presentation on American Bank Center Performance Audit. Ms. Susan Sieger, President of Crossroads Consulting Services provided an update on key findings including performance audit elements and - priorities, operations and benchmarking analysis, comparison of utilization and financial performance, industry best practices, and provided a summary of key findings and recommendations. O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL. BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. Mr. Scott called for public comment and the following citizens spoke: Lionel Lopez and Abel Alonzo. P. CITY MANAGER'S COMMENTS: There were no City Manager comments. Corpus Christi Page 12 Printed on 5/1/2012 —1 2— City Council Q. ADJOURNMENT: Meeting Minutes - Draft April 24, 2012 Mr. Scott adjourned the meeting at 3:20 pm. Corpus Christi Page 13 Printed on 5/1/2012 a. AIRPORT BOARD — Two (2) vacancies with terms to 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 Wayne M. Squires 04 -04 -15 02 -28 -12 * * ** *Joseph (Jay) Wise 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: *Seeming 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 appointments of Mr. Dana Gunter and Mr. Kelly Harlan as Regular members. The Board is also requesting that Jay Wise be appointed as an Advisory, non- voting member with a one-year term.) INDIVIDUALS EXPRESSING INTEREST: James "Jim" Abram Self - Employed, Air Traffic Control Consultant. Received an MS in Aviation Management and a BS in Aeronautics. (4/14/11) Vincent E. Doyle Robert Franklin Dana Gunter Kelly Harlan Richard A. Harvey .Glenn R. Jones William M. Kramer, Jr. 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. (4/12/11) 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. (7/15/09) IT Regional Manager, Valero Energy, Inc. Attended College. Private Pilot. Activities include: Metro Ministries. (3/15/11) 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). (5/2/11) Instructor Pilot, U.S. Marine Corps. Received a BA in Philosophy from University of Texas at San Antonio. Currently works as Instructor Pilot for Navy Flight School at NAS Corpus Christi. Also, holds a Commercial Pilot rating with type ratings in multiple aircraft. (4/11/12) 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. (4/25/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Anthony John Mulheron Joel S. Mumphord Robert C. Pate Curtis A. Rock Herbert Schueneman Charles "Chip" Spence 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. (4/28/11) 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 I48t Distr. Court, Airline Transport Pilot. Certified Flight Instructor, Instrument flight Instructor and Multi- Engine flight Instructor. Former Chair of Halo- Flight, Inc. (1/18/12) 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. (8/12/11) Assistant Vice - President / Treasury Management, Frost Bank. Received a Bachelor of Arts in Government from University of Texas, Austin. Current financial professional with political and government background. Former Legislative Correspondent to Senator Kay Bailey Hutchison and Regional Political Director of Republican Party of Virginia. Activities include: Texas Exes Scholarship Foundation Committee, and Young Business Professionals. (3/15/12) Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern California and Howard College. (1/4/11) —19 b. ARTS AND CULTURAL COMMISSION — One vacancy representing the category of Architecture with term to 9- 01 -14. (Appointed by the Mayor with approval of the City Council.) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: Nine (9) members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) Marketing Representatives (1) Economic Development/Tourism representative; (1) Public Space/Public Art representative; (1) Youth/Education representative; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; and (1) Business Development Groups /Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Joseph B. Schenk (Visual Arts) 9 -01 -12 3 -11 -08 * * ** *Frank Trimble (Architecture) 9 -01 -11 10 -11 -05 Karina Paris (Business Dev /Corporate Group) 9 -01 -13 12 -8 -09 Heidi Hovda (Performing Arts) (Chair) 9-01-13 6 -12 -07 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -I2 6 -12 -07 Dianna Bluntzer -Dura (Public Art/ Public Space) 9 -01 -13 9 -29 -09 Patricia Reinhardt - Mondragon ( Youth/Education) 9 -01 -14 04 -10 -12 Brad Kisner (Higher Education) 9 -01 -14 04 -10 -12 Joye LaBarrett (Marketing) (Vice- Chair) 9 -01 -12 5 -09 -06 Council Liaison: Nelda Martinez,. Council Member Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Arts and Cultural Commission is recommending the new appointment of Mr. Edgar Farrera to the Architecture category.) INDIVIDUALS EXPRESSING INTEREST: Paul Duke Edgar E. Farrera Project Manager, Turner, Ramirez & Associates Architects & PIanners. Received a BS of Environmental Design from Texas A &M University, a Masters in Architecture from University of Texas at Arlington, and graduate coursework at Washington University in St. Louis, Missouri. Activities include: American Institute of Architects Corpus Christi ( AIACC) chapter BOD, AIACC Intern Committee, AIACC Website Director, currently assisting Junior League project to improve Metro Ministries playground. (Architecture) (4/11/12) Professor of Architectural Technologies, Del Mar College. Received both Bachelor of Architecture and Master of Architecture degrees. Responsible for design and construction of many public facilities for the City of Corpus Christi, including City Hall, Central Library, Municipal Court, and Police Facility. Registered Accessibility Specialist, Subject Matter Expert on Building Design for Homeland Security. Activities include: American Institute of Architects (AIA), Corpus Christi US Green Building Council, Quicentenary Commission, Columbus Fleet Association, Art Museum of South Texas, Institute de Cultura Hispanica, and Incarnate Word Academy PTA. (Architecture) (4/4/12) c. COMMISSION ON CHILDREN & YOUTH — Five vacancies with terms to 5 -01 -15 representing the following categories: 1 - Youth Services, 1 - Health, 1 - Legal, 1 - District Attorney's Office, and 1 - At Large. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and. the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL. MEMBERS TERMS APPTD. DATES * *Debbie Espinosa (Health) 5 -01 -12 8 -12 -08 * *Charles Iinbergamo (At Large) 5 -01 -12 5 -11 -10 Dr. Ridge Hammons (At Large) 5 -01 -13 5.11.10 Michael D. Huddleston (Social Services) 5 -01 -14 1 -24 -L2 Antonio Illas (Religion) 5 -01 -13 1 -24 -12 Danny Kollaja (Business) 5 -01 -14 3-29-11 * * ** *Guy Nickleson (Youth Services), Chair 5 -01 -12 11 -08 -05 Sally Ann Lewis (Education) 5 -01 -13 5 -11 -10 Delia Oliveira (At Large) 5 -01 -14 5 -11 -10 Isaac Valencia (Law Enforcement) 5 -01 -14 5 -13.Q8 *Fran Willms (Legal) 5 -01 -12 9 -25 -07 Denise Etheridge (Youth Rep.) 5 -01 -13 1 -24.12 *Clarissa Silva (D.A.'s Office) 5 -01 -12 7 -26 -11 Lt. Tara Rene Martin (Sheriff's Office) 5 -01 -13 10 -13 -09 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service Iimitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Fran Willms (Legal) 5 2(2 exc.) 40% Clarissa Silva (D.A.'s Ofc.) 4 2(1 exc.) 50% OTHER INDIVIDUALS EXPRESSING INTEREST: Ron Antosko Stephanie Cloutet Jennifer De La Mora Jeff Fonseca Linda Hodge - Gambrill William M. Kramer, Jr. Jason M. Mcdonel Kesha Poncik Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (At Large) (7/12/11) Public Relations/Fundraising Executive, KEDT Public Broadcasting. Received a BBA in Business Management from Baylor University. Activities include: Young Business Professionals. (At Large) (4/19/12) Office Administrator, American Tire Distributors. Excellent event and family fundraiser organizer. Volunteers with school fundraisers, bake sales, etc, (At Large) (10/6/11) Owner, Green Tree Lawn Care. Graduated Foy H. Moody High School. (At Large) (6/8/11) Trainer/Facilitator /Artist, Entertaining Training and Colali Art. Received BS in Secondary Education — Art and English from Texas A &I University. Designed and implemented the City of Corpus Christi Latchkey Program. Activities include: Leadership Corpus Christi Graduate Class XVIII, Steering Committee, General Chair, currently Board of Governors, former Staff Liaison to Commission on Children and Youth, Coastal Bend Alliance of Youth, Island Foundation/Seashore Learning Center, Texas Recreation and Park Society, National Recreation and Park Society, American Society of Trainers & Developers, H -E-B Christmas Dinner, Harbor Lights. (Youth Services) (At Large) (12/5/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (At Large) (6/17/11) 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. (Youth Services) (12/15/11) Office Manager, Mike's Custom Upholstery and Interiors. Attending Del Mar College. Activities include: Hispanic Women's Network of Texas. (At Large) (6/6/11) -23- Raquel G. Richardson Owner, Brinca! Received MPA from Texas A &M University- Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (At Large) (6/17/11) Michael Rivera Retired. Attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers and promotes the Pulmonary Hypertension Association. (Health) (At Large) (12/06/11) Roger Vazquez Case Manager II, MHMR of Nueces County. Received a Bachelor's in Clinical Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A &M University- Corpus Christi. Currently working towards Ph.D. in Counselor Education. Licensed Chemical Dependency Counselor, Qualified Mental Health Professional. (Health) (At Large) (3/29/12) Liza Njeri Wisner Associate Director, Texas A &M University- Corpus Christi. Received a BS in Computer Science and a MS in Educational Technology. Activities include: Founder of Texas Techies Organization, Founder of PowerUp.org, Founder of Technology and Golf program for youth, Partner of CASA (Court Appointed Special Advocates). Recent candidate of Donald Trump's reality TV show, "The Apprentice ". (Youth Services) (At Large) (1/16/12) d. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT One vacancy with term to 07 -14 representing one of the following categories: 1 -- Resident of the District, Property Owner within the District, Owner of Stock or Corporate owner of Property within the District, or Agent, Employee or Tenant of one of the above. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPT. DATE Raymond Gignac (PO) 07 -12 08 -21 -01 Eloy Salazar (P0) 07 -14 07 -27 -04 George Clower (A/E /T), (Vice - Chair) 07 -14 07 -15 -08 Wayne Lundquist (A/E /T) 07 -12 08 -22 -00 Wes Hoskins (P0) 07 -12 08 -22 -00 Tracy (Tray) E. Bates (A/E /T) 07 -14 07-19-11 Glenn R. Peterson (PO) 07 -14 06 -08 -10 Casey Lain (PO) 07 -14 06 -08 -10 Christoher Lawrence (A/E /T) 07 -14 03 -29 -11 Cass Austin Gabriel (R) 07 -14 07 -19 -11 Dee Dee Perez (A/E/T) 07 -14 06 -08 -10 Rachelle Graham (A/E /T) 07 -12 06-08 -10 Tim Heuston (A/E /T) 07 -12 03 -29 -11 ** *Dan Richter (PO) 07 -14 0941 -01 Chad Magill (A/E/T), (Chair) 07 -12 08 -22 -06 R Resident of District PO - Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E /T - Agent, Employee or Tenant of one of the above Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met sik -year service limitation (The Corpus Christi Downtown Management District is recommending the new appointment of Harold Shockley, Jr. (A/E/T) to the vacancy.) INDIVIDUALS EXPRESSING INTEREST: Jennifer Reid Downtown Business Owner, Threads. Received a Business Accounting Certificate. (Property Owner) (7/18/11) Harold Shockley, Jr. President/CEO, IBC Bank - Corpus Christi. Graduated from University of Texas at Austin with a BBA in Finance. Graduate from Graduate School of Banking of the South — Louisiana State University. Activities include: March of Dimes, Miracle League of CC, Citizens in Support of CCPD, American Cancer Society, YWCA, Corpus Christi Country CIub, and Rotary Club of Corpus Christi- Sunrise. (Agent/Employee/Tenant) (4/23/12) e. MAYOR'S FITNESS COUNCIL — Seven vacancies with terms to 5 -11 -13 and 5 -11 -14 representing the following: 1 - Disability Networks, 1 - Health Care/Medical Professionals, 1 - College/University, 1 - Governor's Liaison, 1 - Senior Citizen, 1 - Faith Based Partners, and 1 - Community Outreach/Special Events. (Staff is recommending the postponement of the Faith - Based Partners category, pending recruitment of more applications.) (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 term 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 -11 -12 5 -11 -10 * *Ken de Koning (Faith Based Partners) 5 -11 -12 11 -08 -11 Grete McBath (Worksite Wellness) 5 -11 -13 5 -11 -10 * *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 (The Mayor's Fitness Council is recommending the reappointments of Dr. Charles Campbell (Health Care/Medical), Megan Allen (College/University), Rick Hayley (Gov's Liaison), and Judy LaPointe Jennings (Sr. Citizen). They are also recommending the new appointments of Kimberly Cook (Disability Networks), Raquel Richardson (Community Outreach), with Victor Betancourt (Community Outreach) as an alternate. _27_ ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dr. Charles H. Campbell (HealthCare) 6 4 67% Megan Allen (College/University) 3 2 67% Rick Hayley (Gov's Liaison) 6 6 100% Judy L. Jennings (Sr. Citizen) 6 5 $3% OTHER INDIVIDUALS EXPRESSING INTEREST: Sarah Lathrop Baugh Chris Barrows Victor Betancourt Stephanie Cloutet Kimberly Cook Chief Operating Officer /Owner, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (Community Outreach) (2/25/11) 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. (Community Outreach) (1/10/11) Owner, V, Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (Community Outreach) (1/06/11) Public Relations/Fundraising Executive, KEDT Public Broadcasting. Received a BBA in Business Management from Baylor University. Activities include: Young Business Professionals, (Community Outreach) (4/19/12) Special Education Consultant, Education Service Center, Region 2. Received a BS from University of Texas at Austin, an MA in Administration and Mid - Management, Education from Texas A &M University, College Station. She received her Texas State Teacher's Certificate from Corpus Christi State University. She holds Certificates in Generic Special Education, Elementary English, and others. Currently works with students with disabilities, ages 3 -22. Activities include: So. Tx. Dyslexia Society, Young Life, Coastal Bend Center for Independent Living, Hannah's Hope, Families of Spinal Muscular Atrophy, Grace Presbyterian Church. (Disability Networks) (3/14/12) Jessica Engelbrecht Patricia Garcia William M. Kramer, Jr. Bryan Mayhood Melissa N. Nesmith Raquel G. Richardson Michael Rivera 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) (1/10/11) 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 writing /intergovernmental relations at TWC, TAMU -CC, CCISD, City of Corpus Christi. Activities include: Texas Association of Partners in Education, Flint HiIIs Resources Community Action Council, Leadership Corpus Christi Alumni Association, United Way Campaign Chair, former Sister City Committee, Youth Opportunities United and Downtown Rotary Club. (Community Outreach) (1/25/11) Insurance Sales Agent/, Received a Bachelors in A &M University - Corpus Cystic Fibrosis Walk and Outreach) (6 /17/11) Kramer Insurance Agency. Political Science from Texas Christi. Activities include: Diabetes Walk. (Community Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas. A &M University - Corpus Christi. Activities include: Heart Walk Committee. (Community Outreach) (1/5/11) 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; (Health Care/Medical Professional) (1/21/11) Owner, Brinca! Received MPA from Texas A &M University - Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (Community Outreach) (6/17/11) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers for Pulmonary Hypertension Association. (Disability Networks) (12/06/11) Abel A. Sanchez James Scoville Lloyd Stegemann, M.D. Guy Watts Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient CIinic and Golf Marshal at Base. (Disability Networks) (4/12/11) 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) (01/25/11) 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. (Health Care/Medical Professional) (1/20/12) 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 Ib. Bench Press Club, YMCA Ironman, avid snow skier in USA, Europe and New Zealand, Youth Baseball Coach, and Youth Sports Network. (Community Outreach) (03/22/11) f. PIPELINE REVIEW PANEL — This Committee has been inactive for the past ten years. It is being reactivated due to notice received that Plains Pipeline Company and NuStar Logistics have already received permits to construct new pipelines within the City limits. Five (5) vacancies with terms to 5- 08 -14, four of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, one of which shall have emergency management experience, and one shall be a Community Representative. DUTIES: The panel will hold hearings to review and seek resolutions to any substantive, non - resolvable technical issues between the City and Operator /Owner concerning the construction and operation of a new pipeline or any change in service of an existing pipeline not previously addressed. COMPOSITION: The City Council shall appoint five (5) members to the pipeline review panel, four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at lease one (1) of which shall have emergency management experience, and the additional person shall be a Community Representative. INDIVIDUALS EXPRESSING INTEREST: Charles B. Burnes Joe Castillo Daniel Garcia Joe Gore Mukesh R. Pratap, P.E., PMP Account Executive, KIII -TV Channel 3. Received a BA in Communications from University of Texas at Arlington. (Community Rep.) (2/20/12) Pharmacist, Wal -Mart. Activities include: Boy Scout Troop Committee, Troop 162. (Community Rep.) (4/19/12) Area Superintendent, Valero Refining. Received a BS in Chemical Engineering from University of Texas, Austin. Activities include: Board Member of Corpus Christi Area Oil Spill Control Association. (Emergency Management Experience) (2/20/12) Self - Employed Contractor. U.S. Coast Guard approved Master 100 -Ton. International Association of Welding, CFR. (Pipeline experience) (4/19/12) Project Manager, Govind Development. Holds a BS in Chemical Engineering from Institute . of Chemical Technology, Murn.bai, India, an MS in Civil Engineering from University of Alabama, an MS in Environmental Engineering from Pennsylvania State University. Nine years of Engineering Consulting, Project Engineering/Management experience in chemical, environmental and refining industry. Activities include: American Society of Civil Engineers, American Water Works Assn, Water Environment Assn of TX, Water Environment Federation and Project Management Institute. (Pipeline construction engineering) (2/20/12) -31- Steven J. Schmidt Kelly L. White Philip E. Woods Senior Manager, NuStar Energy. Works as Sr. Manager of the pipeline and storage company at NuStar Engergy. Worked for Valero Refining as Manager of pipelines. Worked for the Texas Railroad Commission as Engineer in the Pipeline Safety Division. (Pipeline operations) (2/20/12) Director of Environmental Health, Safety and Risk Management, Del Mar College. Received an A.S. and B.S. from University of Mary Hardin- Baylor, Belton, TX. Worked as a Safety Professor for 17 years. Chair of the Crisis Management Planning Team at Del Mar College. Activities include: Den leader of Cub Scouts, Pack 296, Boy Scouts Assn.; Brighton Park Baptist Church. (Emergency Management Experience) (2/20/12) Retired. Former Manager, Oil Movements & Storage, Coastal Refining & Marketing, and Sr. Economics Analyst, Citgo. Received a BS in Chemistry, and an MBA. Activities include: member of the Community CERT Team (Community Emergency Response Team) of the Coastal Bend. (Pipeline operations) (Emergency Management Experience) (4/19/12) g. TRANSPORTATION ADVISORY COMMITTEE - Four vacancies with terms to 4 -30 -14 and 4- 30 -15. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet Iocal needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station, however, the Committee voted to change this to an At Large position. Elects Chairman and Vice - Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE Chase Carlisle 4 -30 -13 4 -13 -10 * * ** *Karen Beard 4 -30 -12 5 -30 -06 Edd Price 4 -30 -14 5 -26 -09 Robert G. Jacobi 4 -30 -13 4 -13 -10 1 Joseph M. Dudek 4 -30 -13 1 -10 -12 1 Curtis A. Rock, Chair 4 -30 -14 5 -30 -06 *Sheila Cudd 4 -30 -12 2 -10 -09 * * ** *Daniel Carrizales 4 -30 -12 12 -20 -05 ** *Vacant 4 -30 -14 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKENG REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Sheila Cudd 11 9 (2 exc.) 82% INDIVIDUALS EXPRESSING INTEREST: Gretchen Arnold William M. Kramer, Jr. Dennis L. Miller, P.E. Eric Villarreal Carl Weckenmann Director, Pollution Prevention Partnership, Texas A&M University - Corpus Christi. Received a BBA and MBA (Business Administration) from Texas A &M University - Corpus Christi. Involved in transportation stakeholder groups and planning efforts for over 20 years. (5/2/12) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Senior Project Manager, LNV, Inc. Received a BS in Civil Engineering from the University of Texas at Austin. Took courses towards MBA at Sam Houston State University. Holds a P.E. license in. Texas, California and Arizona and is a National Accredited Certified Floodplain Manager. Activities include: American Society of Civil Engineers (ASCE), Texas Floodplain Management Assn. (TFMA). (5/5/12) Project Manager, LNV, Inc. Received B.S. in Civil Engineering from Texas A &M University — Corpus Christi, Reg. P.E. licensed in Texas. Activities include: Leadership Corpus Christi XL, American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), Youth Sports Coach — Santa Fe Soccer, Upward Basketball, National Little League. (Will resign his position from Landmark Commission if appointed) (04/24/12) Director of PIanning, Corpus Christi Regional Transportation Authority. Received Master's of Regional and City Planning from University of Oklahoma. Has over ten years' professional experience in transportation planning. Activities include: Corpus Christi MPO Technical Advisory Committee. (5/3/12) AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 5/812012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com Installation of a Split Rear Load Refuse Body and Lift Roll -Off Body CAPTION: RECOMMENDATION: Motion approving the installation of one (1) split rear load refuse body and one (1) Iift roil -off body from Heil of Texas of Houston, Texas for a total contract amount of $209,511 of which $3,741.41 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These bodies are replacements bodies and will be used by the Solid Waste Department. Funds for the lease purchase of the split rear Toad refuse body and Iift roll -off body will be provided through the City's lease /financing program. BACKGROUND AND FINDINGS: This equipment will be used by Solid Waste Department for refuse and recycling operations. The existing bodies have been in service for seven (7) years. Due to metal fatigue and corrosion, the existing equipment has been deemed unsuitable, while the cab and chassis are still in sound condition. Maintenance Services will be responsible for removing the existing bodies and transporting them to and from the contractor. Heil of Texas will mount the new bodies on the Peterbilt 320 Chassis'. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The equipment will be funded for a sixty -month period with an estimated interest rate of 275 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $44,896.92. Total estimated cost over the sixty -month period, including principal of $209,511 and interest of $14,973.60, is $224,484.60. 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: Solid Waste Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,143,417.91 $220,743.19 $2,364,161.10 1,887,590.86 224,484.60 $252,085.64 Encumbered / Expended Amount 1,887,590.86 0.00 This item 3,741.41 $220,743.19 BALANCE $252,085.64 0.00 unacs): uenerai run Comments: Lease payments are expected to commence on or about July 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -38- CITY OF CORPUS CHRISTI " PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTQN COUNCIL DATE: MAY 8, 2012 H -GAC COOPERATIVE PRICING SPLIT REAR LOAD REFUSE BODY. & LIFT ROLL -OFF BODY Heil of Texas Houston, TX Item Description Qty. Unit Unit Extended Price Price 20 Yard Durapack 4060 Split Rear Load Refuse Body, Includes installation and testing 2 Heil Kwik Lift C6022 22' Roll -Off Body, Includes installation and testing TOTAL: EA EA $ 153,211.00 $ 153,211.00 $ 56, 300.00 $ 56, 300.00 $ 209,511.00 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 5/08/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Purchase of Two (2) Vacuum Trucks RECOMMENDATION: Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of $621,171.32. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). All units are replacement to the fleet and will be used by the Storm Water Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Maintenance Services Fund. BACKGROUND AND FINDINGS: The vacuum trucks will be used by the Storm Water Department to clean and maintain 1250 miles of sewer collection main fines, 6" and larger in diameter. The vacuum trucks will be delivered to the City in the summer of 2012. Local manufacturers' dealers — Corpus Christi Freightliner and Waukesha- Pearce Industries, Inc. will provide warranty support service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The replacement units are more than twelve years in service. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,542,792.71 0.00 $4,542,792.71 Encumbered / Expended Amount $2,532,625.69 $2,532,625.69 $2,532,625.69 $621,171.32 This item $621,171.32 $621,171.32 BALANCE $1,388,995.70 0.00 $1,388,995.70 Fund(s): Maintenance Services Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanes, 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 .BUYER - GABRIEL MALDONADO COUNC1L•DATE: MAY 8, 2012 PRCIE SHEET VACUUM TRUCKS HGAC CONTRACT: HT11 -09 & SC01 -10' ITEM DESCRIPTION QTY. UNIT Houston Freightliner Houston, Texas Rush Truck Center, Houston Houston, Texas Unit Price Extended Price Unit Price Extended Price 1. Freightliner 114SD Cab and Chassis with VAC -ALL AJV 1215 Sewer Cleaning Vacuum Body. Storm Water Department 2 Peterbilt 166 Cab and Chassis with VAC -ALL AJV 1215 Sewer Cleaning Vacuum Body. - Storm Water Department 2 2 Each Each $310,585.66 $621,171.32 $358,892.66 $717,785.32 Award Total $621,171.32 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: TO: FROM: 04/12/2012 Ronald L. Olson, City Manager Floyd Simpson, Chief of Police floyds(acctexas. com 361 -886 -2603 Execute an interlocal agreement with Nueces County to share the JAG grant Submit a grant application to the Department of Justice for the JAG grant CAPTION: A. Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nuece.s County. GROUND AND FINDINGS: A. Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of Ibcal government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on April 11, 2012. B. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,038,791 in grant funds to the City since the program began in —49— 1996. The funds have been used to purchase backbone equipment for the Mobil Data /Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to enter into interlocal agreement and submit the grant application. EMERGENCY / NON-EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Finance - Grants management FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget - Encumbered I Expended Amount This item BALANCE und(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends approving the interlocal agreement and submitting the grant application LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with Nueces County GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECE$ KNOW ALL. BY THESE PRESENT :INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CH.RISTI, . TEXAS AND THE COUNTY OF NUKES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT fJAG) PROGRAM FISCAL YEAR 2012 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 201,2, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"); and the County of Nueces, acting by and through its governing body, the Commissioners Court (COUNTY"), both of Nueces County, State of texas„ witnesseth:, , WHEREAS, this- Agreement is made under the" authority of Section 7.9-1.011(4 Government Code; arid WHEREAS-, ea ch governing body, in performing governmental functions or in Raking for the performance of governmental functions hereunder, shalt make that perfOntiante or those paymentg from currentrevehues legally available to that party; and WHEREAS, each governing-body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly tompensales the performing party for the services or functions underthls agreement and WHEREAS, the CITY and COUNTY has -previously entered into an agreement on July 12, 2011 for disbursement of Fiscal Year 2011. JAG funds- which Separate front this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%) of the JAG funds received from Fiscal Year 2012-award, such • fifty percent currently estimated at $84,7813: and WHEREAS, the CITY and COUNTY believe- it to be in their best interests to reallocate the: JAG. funds. —51— GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50 %) of the 2012 Fiscal Year JAG funds received from this award, such fifty percent is currently estimated at $84,788. Section 2. COUNTY agrees to use the fifty percent (50 %), or current estimate of $84,788, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2012 and September 30, 2016. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party_ Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER CITY Of CORPUS, CHRISTI • Ronald L. Olson City Manager ATTEST; Armando Chapa City Secretary APPROVED AS TO FORM: Lisa Aguiiar Assistant City Attorney For City Attorney Date *Ira Oarza Annie County Aftorney Page 1 of 2 Resolution authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2012 Local Solicitation. 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 execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2012 Local Solicitation. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Corpus Christi, Texas 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 Page 2 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ODOR 2 4OfcdaOf- f07c- 4af2- afd5- 27fe3e5e42fa —56— Joe Adame Mayor 1 Corpus Christi, Texas 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 0006_2 4OfcdaO14O7c- 4af2- afd5- 27fe3e5e12fa —57— AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 4/9/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., interim Director of Engineering Services DanB @cctexas.com (361) 826 -3729 CAPTION: 37th Annual Beach to Bay Relay Marathon Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 37th Annual Beach to Bay Relay, to take place, Saturday, May 19, 2012. The temporary street closure of the north and south bound lanes of Shoreline Boulevard between Furman Street and Coopers Ailey, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6 :00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. BACKGROUND AND FINDINGS: This year will mark the 37th Beach to Bay Relay Marathon for Corpus Christi. The annual six - person relay running event is held on the third Saturday in May also known as Armed Forces Day. In 2011, the Beach to Bay Relay Marathon had 2,575 teams totaling over 15,000 runners. It has attracted runners from Kenya, England, Mexico, and Canada. The Beach to Bay Relay is the most premier and largest relay running event in the United States. All proceeds from the Beach to Bay Relay Marathon go to assist local charities in the Coastal Bend Area. The Corpus Christi Road Runners is requesting the street Closure of north bound and south bound Shoreline between Buford Street and Coopers Alley to constructed the finish line and conduct the relay's ceremony and festivities for all participants. Traffic Control set up will begin on Friday, May 18th at 6:00 p.m. to allow for event set up. ALTERNATIVES: N/A OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: Sec. 49 -17 EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None 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 Check Reimbursement This item BALANCE und(s): General Funds Comments: RECOMMENDATION: City Staff recommends the approval for the Corpus Christi Road Runners application for road closures. LIST OF SUPPORTING DOCUMENTS: Location Maps Application Insurance 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 TEMPORARY STREET CLOSURE FOR BEACH TO BAY EVENT - 2012 ® °STREET CLOSURE SUBJECT: TEMPORARY STREET CLOSURE FOR BEACH TO BAY EVENT - 2012 MAY 19, 2012 MOW fIMIE - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. _67_ City f "'# Corpus • Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT Corp usChrisli 1. Name of Organization Sponsoring Event: COCU5 G6 54, \ d'‘ o i d Nov) v) -eb S Address: P.0, qo S75. 0 City: C. t� State: T a . Zip: ���� Phone #: 3t9 l- t (0(0 — 1 It 0 ")N . Fax #: � (-- Gq ' - : j I n-- dOtl) wacioCc Q S6G Ololoeit, lie - 2. Name of Proposed Event: -iv Bet, V1 re-(49 1 eiret + 11 Q yl Email: 3. Date of Planned Event: 5 `2 ("` I 4. Key Contact Individual DOv) Ok iM CIh Phone #: .a,E1_ 12Le J14 ��. 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE nd Share 0 ■1 s_ W t litrorGI.. to • l - 441 =MINGI r RI muffr Ylo ' v ft- T M 14@1F i rqo r pv 6. Purpose of Event and Detailed Description of Activities Planned: 7. List foods and beverages to be served: GN '1 toisiammilum i2'2- cx-- TV'v it fr Poe 1 or 8 8. Services Requested by the City: 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling - application; payable-to.- the- Gity- of.Ger -pus - Christi- (.City- Ordinance- #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date, 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event; or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation .of all traffic signage.and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi - tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by . sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 _69_ K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure - a -sa #e -and suc- cessful everZt; -- - ••• • -•• -.. --- • -• - - -- -- - -- - . Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. . R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. .All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type. rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required, *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval, Sponsoring Organization Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 -826 -3547 e Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -g277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS - WHEREAS; Seetion.iii.of said-standards; entitled- Procedure- a nd.Per-mit Requirements, requires a contractor fora permit to close or block any part of a roadway to .file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 20 Permit Ap nt Signature ��d C4V15j' i . oA rt1 �}-e( S Company arse Page 4 or 8 zi CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/20/2012 THIS CERTIFICATE IS 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 POLICIES 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 STAR Insurance - Fort Wayne Office 2130 East DuPont Road Fort Wayne IN 46825 CONTACT Judy Weaver PHONE (260)467 -5697 Fax Extl: (A/C Na 4260 }467 -5651 -ru . EI E-MAeL ADD RESS :]udy.weaver @starfinancial.com INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA National Casualty Company 11991 _ 66869 INSURED Road Runners Club of America /2012 & Its Member Clubs 1501 Lee Highway Suite 140 Arlington VA 22209 INSURERBNationwide Life Insurance Co. INSURERC: _ INSURER D: DAMAGE-TO RENTED PREM#SES (Ea occurrence} INSURERE: • INSURERF: CLAIMS -MACE r vurwrser_=c r eitrrwi"ATG \II I111�Cnl.7n1 7 - en,... ,. T __- __ - _ OCCUR f�LlL�1. 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 VNTH 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 OF INSURANCE AWL INSR SUER MND POLICY NUMBER POLICY EFF {MM/DDIYYYYy_JMWDD/YYYY)- 12/31/201112/31 12:01 A.M. POLICY EXP /2012 12:01 A.M. LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X KRO 0000002210900 AGM Aggregate $5,000,000 EACH OCCURRENCE $ 2,000.000 DAMAGE-TO RENTED PREM#SES (Ea occurrence} $ 500, 000 CLAIMS -MACE X OCCUR MED EXP (Any one person) $ 5,000 X Legal Liab. to Partib. PERSONAL $ ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO $ 2,000,000 $ NONE $ 2,000,000 $2,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: TI POLICY n JECT PRO n I I LAC ABUSE 8MOLESTATtON $ 500,0 0 0 $ 2,000,000 $ A AUTOMOBILE X LIABILITY X KRO 0000002210900 • 12/31/201112/31 12:01 A.M. /2012 12:01 A.M. C0 eB tlEDDt]SiNGLE LIMIT ANY AUTO ALL OVNVED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Perperson) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident} $ $ UMBRELLA LIAR EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N NIA WC STATU- I TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL EACH ACCIDENT $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B EXCESS MEDICAL & ACCIDENT ($250 DEDUCTIBLE /CLAIM) X' SPX 0000025293900 12/31/201112/31 12:01 A.M. /2012 12:01 A.M. EXCESS MEDICAL $10,000 AD$ SPECIFIC LOSS $2,500 Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. HOST LIQUOR LIABILITY IS INCLUDED. DATE OF EVENT: 05/19/12 Beach to Bay Relay Marathon INSURED CLUB: Corpus Christi Roadrunners, Inc. -, Attn: Doug McBee /Deborah Lunoeford; P.O.Box 8750, Corpus Christi, TX 78468 CERTIFICATE HOLDER CANCELLATION 05/19/12 City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78468 ACORD 25(2010/05) I NS025 tvnir:n.Ft nt 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 John Lefever /JWZ rr�� © 1988 -2010 ACORD CORPORATION. Ali rights reserved. Tina ARfRIl name and Innn`Z4rnnieMnrarl marlre of ARr1Rn AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/5/2012 TO: Ronald L. Olson, City Manager FROM: R. Jay Reining, Interim Director of Municipal Courts Margie S. Flores, Presiding Judge Michael Morris, Director of Parks & Recreation CAPTION: Ordinance amending Section 2 -311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics Ordinance amending Section 2 -311, Code of Ordinances, City -of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics PURPOSE: Adopt amendments to Code of Ethics to meet requirement . imposed by Texas Legislature related to juvenile case managers. BACKGROUND AND FINDINGS: In 2011, the Texas Legislature required the governing bodies of entities employing juvenile case managers to adopt reasonable rules for juvenile case managers that provide a code of ethics, and for the enforcement of the code of ethics. The City's current Code of Ethics applicable to City employees, with the amendments included in this proposed ordinance, will provide a code of ethics for the juvenile case managers, as well as other. Municipal Court and City employees, arid the procedures for enforcing the City's Code of Ethics would apply to juvenile case managers. The proposed ordinance has been reviewed and approved by the Ethics Commission. ALTERNATIVES: Adopt a separate code of ethics that would only apply to the juvenile case managers. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Consistent with City policies. —75— EMERGENCY / NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Adoption recommended by Ethics Commission 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: None RECOMMENDATION: • Adoption of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 3 Ordinance amending Section 2 -311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics; providing for penalties; . providing for severance; and providing for publication. Whereas, in 2011, the Texas Legislature required the governing bodies of entities employing juvenile case managers to adopt reasonable rules for juvenile case managers that provide a code of ethics, and for the enforcement of the code of ethics; Whereas, the City's current code of ethics applicable to City employees, with the amendments included in this ordinance, provides a code of ethics for the juvenile case managers, as well as other Municipal Court and City employees, and the procedures for enforcing the code of ethics that apply to juvenile case managers; and Whereas, these proposed amendments have been reviewed by and approved by the City Ethics Commission; Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Section 2 -311, Code of Ordinances, is amended by renumbering existing paragraphs (5) to (24) as paragraphs (6) to (25) respectively, by adding new paragraphs (5) and (26), and by revising renumbered paragraph (13), to read as follows: Sec. 2 -311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. * * * (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Actions adverse to the city: (12) (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. 0008 2 48BD30D9 -3DE9- 4599- 99EF- 476D4525EB89 _77_ Provisions for employees: * Page 2 of 3 (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program,_ unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. * * * * * Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 2 -313, and 2 -334 of the City Code of Ordinances. Section 3, if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 0008_2_46B D30D9 -3DE9 -4599- 99EF -476D4525EBB9 _78— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the X414'` day ofri I , 2012, by the following vote: Joe Adame 0-0A4. David Loeb 4- Kelley Allen (`,- Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal John E. Marez Nelda Martinez Mark Scott aty 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 Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa Joe Adame City Secretary Mayor Approved: day of , 2012: Lisa Aguilar Senior Assistant City Attorney For City Attorney 48BD30D9- 3DE9- 4599- 99EF- 476D4525E B89. D0C -79- AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 3/29/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Bluff Plastic (Case No. 0212 -06) Change from "CG -1" General Commercial District to "IL" Light Industrial District Property Address: 817 Waldron Road CAPTION: PUBLIC HEARING — ZONING Case No.. 0212 -06: Bluff Plastic: The applicant. is requesting a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change of the future land use from commercial to Tight industrial. The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "IL" Light Industrial District and in lieu thereof approval of a "CG -1 /SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions. BACKGROUND AND FINDINGS: The applicant has requested the change of zoning to an "IL" Light Industrial District in order to continue operating a plastic fabrication facility in compliance with zoning regulations. The current business molds plastic into products, such as commercial lid holders to plastic pastry containers, and does not manufacture plastic. There is no major manufacturing occurring on the premise. The existing business does_ not create any adverse impact to the surrounding properties and the structure blends in with the other commercial buildings in the area. Approval of the "IL" District would not be appropriate based on the Comprehensive Plan and Flour Bluff Area Development Plan. The business, however, does not appear to generate typical industrial noise, dust or odor despite its classification as an industrial use. A Special Permit in lieu of the "IL" District could allow the existing business to continue in operation and could limit expansion the size of the business to its current structure. Should the business need to expand in the future, the business would then need to move to an industrially zoned parcel of land. City Council Executive Summary Memorandum Bluff Plastic (Case No. 0212 -06) Page 2 . ALTERNATIVES: Approval of the requested "IL" Light Industrial District in lieu of granting "CG -1 /SP" General Commercial District with a Special Permit, or denial of the "IL" Light Industrial District altogether. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Flour Bluff Area Development Plan slate the subject property for commercial uses. The requested "IL" Light Industrial District is not consistent with the adopted Plans. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: N/A Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year , Future Years TOTALS Line Item Budget Encumbered I Expended Amount __ This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "IL" Light Industrial District and in lieu thereof approval of a "CG -1 /SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by -right in the "CG -1" General Commercial District is a plastic fabrication facility. 2. STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses is not permitted. 3. TIME LIMIT: This Special Permit shall expire one year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City and a Certificate of Occupancy is obtained. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance C:IPROGRAM FILESIGRANICUSILEGISTAR5 IPACKETI94D- _CITY COUNCIL 5 8 2012/0010 1_17648AC1- 77AE- 4EA0 -O 65- ED2B49E5574D.Doc -88- ZONING REPORT Case No.: 0212 -06 HTE No 12- 10000008 Planning Commission Hearing Date: March 14, 2012 (Tabled from February 29, 2012) Applicant & Legal Description Applicant /Owner: Bluff Plastic Representative: Charles Knisley Legal Description /Location: Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. Zoning Request From: "CG -1" General Commercial District To: IL" Light Industrial Area: 0.482 Acres Purpose of Request: To allow for the continued operation of an existing facility for the fabrication of plastic products. Existing Zoning and Land Uses Traffic Volume 2007 Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Commercial Commercial North "CG -1" General Commercial Commercial Commercial South CG-1" General Commercial Commercial Commercial East "CG -1" General Commercial & "RS -6" Single- Family 6 Vacant _ Low Density Residential West "CG -1" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for commercial use. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Future Land Use Map. Map No.: 034,032 Zoning Violations: Industrial use operating in a commercial zoning district. Staffs Summary: • Requested Zoning: To allow for the continued operation of an existing plastic fabrication facility. • Transportation and Circulation: The subject property fronts on Waldron Road, an A -2 arterial street and Lakeside Drive, a local street. The nearest intersection is South Padre Island Drive (SH 358), a freeway. 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 Waldron Road 75' R.O.W., 50' paved 100' R.O.W., 70' paved Arterial N/A South Padre Island Drive Varies Varies Freeway N/A • Relationship to Smart Growth: The proposed change of zoning will allow the continued use of an existing structure. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Hour Bluff Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is not consistent with the Comprehensive Plan or Flour Bluff ADP. The proposed use is not consistent with the ADP; however, it is consistent with other development north along Waldron Road. Zoning Report Case #: 0212 -06, Bluff Plastic Page 2 Plat Status: Subject property contains two (2) platted lots. Department Comments: • The applicant is requesting a change of zoning in order to continue operating its business. The current business molds plastic into products. The products range from commercial lid holders to plastic pastry containers. • The existing business does not manufacture the plastic. The company heats the plastic to mold it into the product requested. There is no major manufacturing occurring on the premise. The existing business does not create any adverse impact to the surrounding properties. The existing structure blends in with the other commercial buildings in the area. • The requested "IL" Light Industrial District is not consistent with the future land use of commercial. However the use even though is classified as an industrial use, the business does not appear or generate typical industrial noise, dust or odor. • Since the zoning is not consistent with the Comprehensive Plan or the surrounding zoning, approval of the "IL" District would not be appropriate. However, a Special Permit could allow the existing business to continue in operation and could limit the business to the size of its current structure. Should the business need to expand, the business would then have to move to an industrially zoned parcel of land. Staff and Planning Commission Recommendation (March 14, 2012): Denial of the requested "IL" Light Industrial District and in lieu thereof approval of a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by -right in the "CG -1" General Commercial District is a plastic fabrication facility. 2. STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses is not permitted. 3. TIME LIMIT: This Special Permit shall expire one year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City and a Certificate of Occupancy is obtained. Number of Notices Mailed Total — 21 within 200' notification area; 0 outside notification area. Favor 0 —0 (inside notification area); 0 (outside notification area) Opposition 1— 0 (inside notification area); 0 (outside notification area) For 5.16% As of March 26, 2012 Attachments: Site — Existing Zoning, Notice Area, & Ownership map K :\OEVEtOPMENTSVCS\SHAREO`ZONING CASES\0212.06 FLOUR BLUFF PLAS IC54212 -06 ZONING REPORT, BLUFF PLASTIC, FOR CC 032612.000 -90 CASE: 0212 -06 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 R61-3 Multifamily 3 oN Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG•2 General Commercial CI Intensive Commercial Ct30 towntowriCommercial CR•3 Resort Commercial FR Farm Rural H Historic Overlay 9P Business Park IL Light Industrial 111 Heavy Industrial PUD Planned Unit Oav, Overlay RS -10 Single-Family 10 RS -5 Single- Family 0 RS -4.5 Single - Family 4.5 RS -TF Two- Family RS -15 Single- Family 15 RE Residential Estate RS -TH Townhouse SP Spacial Permit RV Recreational Vehicle Park RMH Manufactured Home ®Subject Property 0 Owners with 200' buffer in Paver 4 Owners within 200' listed on V Owners attached ownership table A in opposition dLOCarro Ordinance amending the Unified Development Code (UDC), upon application by Bluff Plastic, by changing the UDC Zoning Map in reference to Flour Bluff Estates, Block L, Lots 1 and 2, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit, subject to three (3) 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 Bluff Plastic 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, February 29, 2012, and March 14, 2012, during meetings of the Planning Commission, and on Tuesday, May 8, 2012, during a meeting of the City Council, in Council Chambers, at City Hali, . 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, THERFORE, 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 Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions; not resulting in a change of future land use (Zoning Map 034,032) (Exhibit A). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by- right in the "CG -1" General Commercial District is a plastic fabrication facility. 2, STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses is not permitted. 3. TIME LIMIT: This Special Permit shall expire one (1) year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City of Corpus Christi and a Certificate of Occupancy is obtained. SECTION 3. 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. _92_ Page 2 of 3 SECTION 4. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christ, 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 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 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 Joe Adame City Secretary Mayor, City of Corpus Christi K :IDevelopmentSvcsISHAREDIZONING CASES10212 -06 Flour Bluff Plastics10212 -06 Ordinance, Bluff Plastic, CG -1_SP, FINAL rev 4- 30- 12.docx -93- 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. 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 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 Joe Adame Mayor, City of Corpus Christi K :IDevelopmentSvcs \SHAREDIZONING CASES10212 -06 Flour Bluff Plastics10212 -06 Ordinance, Bluff Plastic, CG -1_SP, FINAL rev 4- 30- 12.docx -94- CA EI 0:212-0 Exhibit A Planning Commission & Staff Recommendation From: "CG -1" General Commercial District To: "CG-1/SP" General Commercial District with a Special Permit AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: April 18, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn@cctexas.corh (361) 826 -3781 Public Hearing - Urban Transportation Plan Amendment - Northwest Proposed Collector Street CAPTION: Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street which was to be located approximately 0.28 miles south of Northwest Blvd (FM 624), between FM 1889 and FM 69, amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: An amendment to the Urban Transportation Plan concerning the removal of a proposed collector street. BACKGROUND AND FINDINGS: Issue /Problem: The City has been requested to determine if a proposed collector on the Urban Transportation Plan can be removed from the adopted plan. The proposed collector street is parallel to Northwest Boulevard and located approximately 0.28 miles (1,500 feet) south of Northwest Boulevard. The specific area of concern is between FM 1889 and FM 69. In January the TAC requested a conceptual site plan. A letter is attached autliningthe — development proposal and the concerns by the developer regarding the collector street. In addition, there is a conceptual site plan of the property containing: • 63,000 square foot grocery store • 64,000 square feet of floor area on five retail sites facing Northwest Blvd. • Three additional pad sites with a total acreage of 3.6 acres, floor area unknown facing FM 1889 • 8.2 acres of multi - family /industrial /service center Currently, the undeveloped property is zoned for Farm and Rural use with dwellings on 5 acre lots. The adopted Future Land Use Plan designates the property for commercial and multi- family uses. A rough trip generation estimate would be approximately: retail area trips = 6,550 trips per day; multi- family = 1,350 trips per day; total estimate for planning purposes = 7,900 or -99-- 790 peak hour trips. Additional Background and Findings: The proposed collector was placed on the City's Urban Transportation Plan in 2005 with the purpose of providing a relief route to congestion on Northwest Boulevard. The proposed Future Land Use Plan calls for high intensity commercial uses along Northwest Boulevard with multifamily uses located behind the commercial uses. Existing trips on Northwest Boulevard and FM 1889 are shown in the table below. Street Approximate Growth Average Daily Trips Per Existing % of 2001 2010 2011 Yr. in TripsCapacity Capacity Northwest Boulevard, West of US 7725,382 29,000 14% 32,000 91% Northwest Boulevard, West of FM 1889 10,524 10,652 1% 32,000 33% FM 1889, South of FM 624 4,551 15,000 30% Note: Northwest Boulevard - 4 travel lanes with turning lanes; FM 1889 2 lanes with shoulders. Traffic capacity on Northwest Boulevard is currently sufficient to handle existing uses. However, the corner of Northwest Boulevard and FM 1889 is strategically located with connection to Robstown and might be an ideal for a large retailer or super center. Supercenters can generate 13,000 to 20,000 trips per day depending on the size of the center. The proposed collector has not been dedicated by the existing subdivision to the south, therefore construction of the roadway may require city participation and the right -of -way would likely be obtained from the large deep tracts fronting onto Northwest Boulevard. The parallel collector is intended to assist with movement of traffic on the primary arterial street by reducing turning movements at midblock at the various driveways that could be located between FM 1889 and FM 69 on Northwest Boulevard. The proposed development may contain sufficient traffic generating capacity to warrant a traffic signal in the future. The collector street is generally a better location to place a signal since more properties are served. Obstacles to development of the collector street exist including existing developed properties and a water supply canal for Water Control and Improvement District #3. Conclusion: Staff Recommendation: Staff recommends that the collector be retained on the plan. However, to address the concern expressed by the developer that the collector is located too far to the south to contribute to their development; staff suggests that the collector can be aligned northward to intersect with FM 1889 north 350 feet from the south property line. Transportation Advisory Committee Recommendation: 3/26 - Recommended approval of the developer's request to remove the collector street from the Urban Transportation Plan, between FM 1889 and County Road 69. Planning Commission Recommendation: 3/28 — Recommended approval of the Developer's request to remove the collector street from the Urban Transportation Plan, between FM 1889 and County Road 69. -100- ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: Staff has provided several alternatives to the developer to reduce development costs and still allow for future development of the street. Each of the following proposals have been refused by the developer: • Staff has proposed that the developer plat the one lot at the corner of FM 624 and FM 1889 for the proposed grocery store and defer dedication and construction until future units of the tract are platted. • Staff has proposed that the developer plat the entire 35 acre multi lot tract and request a deferment agreement from City Council. Staff would support the agreement at City Council. • Staff has proposed to share up to 50% of the construction costs for the proposed roadway. CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On March 26, the Transportation Advisory Committee reconfirmed their February recommendation to remove the collector street from the plan between FM 1889 and Country Road 69. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ 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 Staff recommends that the proposed Northwest Area collector street not be removed from the Urban Transportation Plan based on the need to assure future connectivity and to manage traffic efficiently at a strategic location in the Northwest Area. LIST OF SUPPORTING DOCUMENTS: Ordinance Planning Commission Minutes Transportation Advisory committee Minutes —101— The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Northwest Proposed Collector Street Transportation Advisory Committee,March 26, 2012: 2. Discussion with Possible Action of Proposed Northwest Area Collector: Mr. Cardenas introduced Mr. Bob Payne with the Planning Department to discuss possible action against the Northwest Area Collector; which the committee voted on last month. Mr. Payne explained some maps of the proposed area and stated that the red lines represent arterials. He said the purpose of the arterials is to bring traffic across town as fast as possible. Mr. Payne reported that River Hills Dr. would be extended all the way to County Rd. 52. The proposed collector is not on the ground and currently there is no right -of -way. Mr. Payne said at the last meeting the committee recommended removing this proposed collector and staff continued to study the issue after the meeting. He mentioned that staff could now determine that the collector road could be connected to County Rd. 69. Mr. Payne said the reason this collector is offset is that there is a drainage ditch and a high power transmission line along there. There were some concerns brought up by the committee members. After new information was provided by Planning Staff indicating that the proposed collector street could connect with County Road 69, the TAC reconfirmed their February recommendation to remove the collector street from the plan (between FM 1889 and Country Road 69). Planning Commission, March 28, 2012: Proposed Northwest Area Collector: Mr. Payne showed an aerial view of Northwest Boulevard/FM 624, FM 1889, River Hills Drive, County Road 69 and the proposed collector street requested to be removed from the Transportation Plan. Mr. Payne stated the City was requested to determine if a proposed C -I Collector on the Urban Transportation Plan could be removed from the adopted plan. The proposed collector street is parallel to Northwest Boulevard and located approximately 0.28 miles (1,500 feet) south of Northwest Boulevard. Mr. Payne continued the area of concern was between FM 1889 and FM 69. Mr. Payne stated that in January, the TAC requested Staff to provide a conceptual site plan of the area. The conceptual site plan included: • A 63,000 square foot grocery store (H.E.B.); D 64,000 square foot of floor area on five (5) retail sites facing Northwest Boulevard; • Three (3) additional pad sites with a total acreage of 3.6 and floor area unknown facing FM 1889; and > 8.2 acres of multi- family /industrial/service center. -102- Mr. Payne continued the property was currently undeveloped and was zoned "FR" Farm -Rural with dwellings on 5 -acre lots. The adopted Future Land Use Plan (FLU) designated the property for commercial and multi- family uses. Mr. Payne stated that the proposed C -1 Collector was placed in the Urban Transportation Plan in 2005 to provide a relief route for traffic congestion on Northwest Boulevard, but it was never dedicated by the existing subdivision to the south. Therefore, construction of the roadway would be required from the large deep tracts fronting onto Northwest Boulevard. Mr. Payne stated the parallel collector would reduce traffic congestion on FM 624 by providing an alternative east/west roadway. Mr. Payne continued it would also reduce left turning movements on FM 624 and FM 1889 by aIIowing an approach to the commercial center by way of an extended River Hills Drive or FM 69. Mr. Payne stated that left turning movements from existing traffic from the center would also be reduced by providing an alternative traffic route. Mr. Payne continued that significant obstacles to development of the collector street exists that include existing developed properties and a water supply canal for Water Control and Improvement District No. 3. After Mr. Payne's presentation concluded, the floor was opened for discussion by the commissioners. Commissioner Tamez asked if there was any change that bond funds could be used to improve CR 52 and, if so, could those funds be combined with Nueces County funds to get the project completed and Mr. Payne answered he did not have the answer, but may be Mr. Anaya could provide an answer. Commissioner Kelly asked how did the developers for the H.E.B. project feel about realigning Northwest Boulevard and Mr. Payne answered that the developers felt the collector should be removed and not extended. Commissioner Castillo asked if the funding would be through a bond program and Mr. Anaya responded that the City's portion of funding would be part of the 2008 bonds program to improve CR 69 and the project would be funded as a city project. Vice Chairman Huerta asked if the developers for the H.E.B. project would be constructing the road to the south and Mr. Payne answered that the developers requested that the road be removed from the plan. Commissioner Adame stated that at the last TAC meeting, the committee spent some time discussing this item and it seemed they felt the road should be removed from the plan. Mr. Payne stated that Staff met with the TAC in January and again in February, but no definite recommendation was made by the committee. Commissioner Adame stated he read the developer's letter that was contained in the packet and there were some valid points covered in the letter. Mr. Payne stated that they want to build the store on one lot, but they don't want to construct the road. Mr. Payne continued that as development occurs, eventually the street would have to be constructed. If they have phased development, the construction of the street can be delayed. Commissioner Castillo requested clarification as to standards for an arterial and collector and Mr. Payne stated collectors were to intersect at one- fourth or one -half mile from an arterial to meet the minimum standards. After all discussion concluded, the public hearing was opened. Mark Johnson, with the firm of Bury + Partners, 900 Isom Road, San Antonio, Texas, addressed the commission. Mr. Johnson stated he was the project manager for the Calallen Neighborhood Commercial Development project at the southeast comer of Northwest Boulevard (FM 624) and FM 1889. Mr. Johnson provided brief information regarding the issue of -103- Northwest Boulevard and FM 1889. Mr. Johnson stated that in a meeting in early 2011, the Urban Transportation Plan required a 60 -foot right -of -way dedication for a collector street if the entire acreage of +37acres was platted. Mr. Johnson continued that in a meeting on January 12, 2012, they received verbal support from City staff that this collector street requirement should be eliminated, which lead to the item being scheduled as an agenda item for the TAC January meeting. Mr. Johnson stated he was contacted by Staff informing him that the TAC met in January and decided they did not have enough information to make a decision regarding removal of the east/west collector street requirement from the proposed Calallen Neighborhood Commercial Development project. Mr. Johnson stated that based on the received information, a letter was forwarded to City staff outlining some of their concerns. One of the concerns was that the proposed street section would be a dead -end street until the ten (10) other property owners to the east participated in their sections of the collector street in order for the street to connect to CR 69. Without the funding and participation from the City or some other government agency, the street would never be completed in the entire distance required to serve as relief to Northwest Boulevard. Mr. Johnson concluded his comments by stating that the collector was located too far south to be able to assist their development and it would not be cost effective for the developer to bear the total cost of extending the street. After Mr. Johnson's comments, the public hearing was closed. Mr. Payne stated that with all of the discussion and comments received, Staffs recommendation was for the collector to be retained in the plan. Mr. Payne continued that in response to Mr. Johnson's statement regarding the collector being too far south to assist their project, the collector could be aligned northward to intersect with FM 1889 approximately 350 feet from the south boundary of the commercial site property line. Mr. Payne continued that the. Transportation Advisory. Committee met on Monday, March 26, 2012 and their recommendation was to remove the collector from the plan. Mr. Payne added that if the roadway was removed from the plan, the City had no authority to require street construction in the future, and by leaving it in street construction would be a requirement as part of the platting process. After further discussion, Chairman Garza called for the motion. Motion to approve removal of the proposed Northwest Area Collector from the Urban Transportation Plan was made by Commissioner Kelly and seconded by Commissioner Taylor. Motion passed with Vice Chairman Huerta and Commissioner Castillo voting nay and Commissioner Nadkarni absent. —104— Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street which was to be located approximately 0.28 miles south of Northwest Blvd (FM 624), between FM 1889 and FM 69, amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication; and declaring an emergency. Whereas, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the City Council has determined that these amendments 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 Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by deleting the proposed collector street which was to be located approximately 0.28 miles (1,500 feet) south of Northwest Blvd. (FM 624), between FM 1889 and FM 69, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Nan including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section S. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. —105— Section 6. 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 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 —106— 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 —107— Northwest Collector Exhibit A River Hills Drive Northwest Blvd. / FM 624 FM 1889 A2 Arterial Propose HEB / Mixed Use Site County. Road 69 Al Arterial Proposed Collector Street requested to be deleted from the Transportation Plari County Road 52 A2 Arterial -108- AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: April 10, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com 361- 826 -3464 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(cr�cctexas.com 361 - 826 -1972 Donation of a playground set made from recycled materials valued at $20,000. CAPTION: Resolution authorizing the City Manager or designee to accept a donation of new playground set made from recycled materials from the Ziploci brand of S C Johnson & Son, Inc. and Recyclebank, for installation at the HEB Park located at 1501 Shely St. PURPOSE: The purpose of the donation is to commemorate a historical year in Corpus Christi's recycling program, and tangibly illustrate the rewards that come from our efforts to become a greener community. BACKGROUND AND FINDINGS: In January 2011, the Ziploc® brand, of S C. Johnson & Son, Inc., teamed up with Recyclebank and the City of Corpus Christi to support the launch of Corpus Christi Recycles. The City of Corpus Christi was the first Recyclebank client to benefit from Ziploc®'s efforts in supporting the expansion of Recyclebank rewards to help increase recycling. To commemorate this, the Ziploc® brand has donated a. playground to the City made of 99 percent - recycled plastic from Earthscapes. The Parks and Recreation Department recommends that the playground, measuring 38' by 40', be installed in the area adjacent to the HEB Swimming Pool at 1501 Shely St.. The new Earthscapes playground is manufactured from recycled structural plastic lumber made from reclaimed post - consumer plastic products like milk jugs and other beverage containers, plastic cartons and bags. ALTERNATIVES: City has option to not accept donation. OTHER CONSIDERATIONS: The donated playground is durable, long lasting, weather resistant, easy to clean, and enhances the amenities offered at this Parks and Recreation Department location. The equipment illustrates the City's commitment in promoting healthy lifestyles and sustainable living practices, CONFORMITY TO CITY POLICY: Acceptance of the donation does not violate any known City policy EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation, Solid Waste Operations, Public Information FINANCIAL IMPACT: o Operating a Revenue Capital X 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 Fun s): Comments: RECOMMENDATION: Approve Resolution as submitted. LIST OF SUPPORTING DOCUMENTS: Resolution, Recyclebank letter with playground diagrams and warranty information, and contractor's insurance. Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Ziploc® brand of S C Johnson & Son, Inc. and RecycleBank, for installation at the HEB Park located at 1501 Shely St. Section 1. The City Manager or designee is authorized to accept a donation of new playground set made from recycled materials, valued at $20,000.00, from the Ziploc brand of S. C. Johnson & Son, Inc. and RecycleBank, for installation at the HEB Park located at 1501 Shely Street. Installation will be completed by the donor. City Manager is authorized to execute any documents necessary to accept the donation of park equipment. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED April 9, 2012 Lisa Aguilar Assistant City Attorney For City Attorney Joe Adame Mayor Recyclebani< April 6, 2012 City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Friends in Corpus Christi: At Recyclebank, we're thrilled to be providing rewards for green actions— Ilke.recycling --to residents all around Corpus Christi! We want to congratulate the city and al! Corpus residents on your tremendous success over the past year, since introducing single- stream recycling and Recyclebank into your community. In that short amount of time, you have recycled more than 24 million pounds —an incredible increase from 2011 and the equivalent weight of the U.S.S. Lexington aircraft carrier! We have some exciting news to help celebrate this achievement! Ziploc ®, which has teamed up with Recyclebank and the City of Corpus Christi to support recycling rewards in the city, has donated a playground (including installation) to the City made of 99 percent- recycled plastic from Earthscapes. The new Earthscapes playground, to be installed this spring, is composed of recycled structural plastic lumber made from reclaimed post - consumer plastic products like milk jugs and other beverage containers, plastic cartons and bags. Earthscapes is committed to building quality playground equipment that puts the safety of children first, but never forgets what it means to play and make a difference for the environment. The new Earthscapes playground, which will be located at HEB Park (1501 Shely; Corpus Christi, TX 78404), is set to be open on May 19th, 2012, following a ribbon cutting event. Images of the Earthscapes playground and warranty information can be found attached. Installation of the playground will be completed by Noah's pARK & Playgrounds, LLC (proof of insurance attached) in collaboration with the City of Corpus Christi's Parks & Recreation Department and Solid Waste Operations. The installation will be coordinated on a mutually agreed upon timeline. On behalf of Recyclebank, Ziploc® and everyone who cares about a greener future, we applaud Corpus Christi on your past and ongoing success, and we hope your residents young and old will enjoy the sustainable playground from Ziploc® and all the success that is represents! Sincerely, Your friends at Recyclebank & Ziploc -114- -115- -1 1 6- Warranty Information Universal^ -Kidz Zone Playsystems, Inc. and Earthscapes Structures, . warrants that the equipment sold will conform in kind and quality to the specifications listed in the Order Acknowledgement and will be free of defects in the workmanship or materials. The listed above further warrant: • Lifetime Warranty on all Earthscapes Structures 5" x 5" recycled post caps, posts, and stainless steel hardware against failure due to rust- through corrosion, deterioration, insect infestation, exposure to weather, or workmanship • Limited 10 Year Warranty on all polyethylene components against structural failure due to deterioration defects in materials, or workmanship. This warranty excludes cosmetic issues. ■ Limited 2 Year Warranty for structural failure of moving parts, swing seats, and any other product or part not covered by one of the above warranties. This warranty covers rust - through corrosion, exposure to UV rays, defects in materials and workmanship. The above warranties do not cover scratches, dents, marring, fading of colors and discoloration due to weathering, and are valid of the structures are erected in conformity with the layout plan and /or installation instructions furnished by the seller; have been maintained and inspected in accordance with the Seller's instructions and other normal and prudent practices; have been subjected to normal use for the purpose for which the goods were designed; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than the Seller's designees in any respect which, in the judgment of the Seller, affects the condition or operation of the structures. All warranties commence on the Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, upon being notified in writing promptly after the discovery of the defect and within the applicable warranty period, correct such non - conformity by issuing new parts. Replacement parts will be warranted for the remainder of the original warranty. To make a claim, send your written statement of claim along with digital photos and original invoice number to: Universal—Kidz Zone Play Systems, Inc., Earthscapes Play Structures P.O. Box 987 Somerset, KY 42502 Office: 1 -888- 742 -3700 Fax: (606) - 676 -8201 Source: http: / /earthscapes.squarespace .cam /warranty / (Accessed 3/26/2012) -117- , Jv CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDIYYY) 4/5/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMRTANT: 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 Insurance Agency of Mid America Inc 10009 S. Penn, Building E P. O . Box 890300 Oklahoma City OK 73189 CONTACT Angela Rivera • PHONE (405)691-0016 691 -0016 FAX rAlC. No. Ertl: (Arc. No): (405) 691 -0415 • E-MAtL SS: arivera @midamericainc.coru ADDRE INSURER(S) AFFORDING COVERAGE NAIL ft INSURERABurlington Ins Co INsuRERB ational American Insurance Co _ 23620 23663 INSURED Noah's Park & Playgrounds, L.L.C. P.O. Box 7987 Edmond OK 73083 INSURER C: $ 100, 000 $ 5,000 $ 1,000,000 INSURER D: INSURER E : X OCCUR INSURERF: —l.y Lert1.x s.cate • 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 WTH 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [NSR LTR TYPE OF INSURANCE ADDL INFER X SUER' WVD X POLICY NUMBER HGL0030221 POLICY EFF (MMIDDIYYYY) 2/25/2012 POLICY EXP IMMIDWYYYY) 2/25/2013 LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence} MED EXP (Any one person) PERSONAL BADVINJURY $ 100, 000 $ 5,000 $ 1,000,000 CLAIMS -MADE X OCCUR GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PFO I I LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILnY ANY AUTO ALL OWNED - COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLALJAB EXCESS LIAB _ OCCUR CLAIMS -MADE - EACH OCCURRENCE AGGREGATE $ $ DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X CW23590135 Excluded Member: Shan Shepherd 11/19/201111/19 /2012 X WCSTATU- i TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y NIA E.L EACH ACCIDENT $ 1 O0O 000 , , ' (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • EA EMPLOYEE $ 1,000,000 $ 1, 000,000 E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, If more space [s required) Coverage is subject to the insuring agreements, conditions & exclusions in the policy forms. 30 Day Notice of Cancellation, except 10 Day Notice for Non - Payment of premium is included in policy. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Attn: Paul Bass 2525 Hygeia Street Corpus Christi, TX 78415 ACORD 25 (201 0 /05) 1 NS025 rent nnsi m 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 Mike Shannon /AR 77:4.,' - 1 1 R ©1983 -2010 ACORD CORPORATION. All rights reserved. Tha A( flP 1 m n n ' ama ad Innareforlieiorarl msrlre of AltfPll ACC3REF CERTIFICATE OF LIABILITY INSURANCE DAT;l�;�o,' THIS CERTIFICATE IS 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 POLICIES 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 15 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). PRODUCBR POLICY NUMBER GENE "COACH" WAITS, AGENT, RHU 723 W EDMOND RD EDMOND, OK 73003 NAME CT COACH WAITS rrpF ANN . Exn 405341 -7030 �,v No):405- 341 -1911 ADDRESS: COACH .WAITS.B30PI�2STATEFARM.COM GENERAL IJASIiJTY INIURER1a) AFFORDING COVERAGE NAIC INSURERA : Stale Farm Mutual Automobile Insurance Company 25178 INSURED NOAH'S PARK & PLAYGROUNDS LLC P O BOX 7987 EDMOND, OK 73083 -7987 INSURER B : _ INStIRERC: $ INSURER D: ! CLAIMS-MADE I l OCCUR INSURFr`r • INSURER F: • 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 SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INS 55Mf� POLICY NUMBER POLICY EFF ,�NirA1DOlYYYY)�NMIDn111'YlN- J POLICY /MCP LIMITS GENERAL IJASIiJTY fiJ I I El EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ ! CLAIMS-MADE I l OCCUR MED EXP Orr/ one person) $ PERSONAL 8, ADV INJURY $ GENERAL AGGREGATE $ GEM. AGGREGATE LMITAPPLIES PER: 1. POLICY 1-1 I LOC PRODUCTS - COMP/OP AGG $ $ A AIITOMOBILEUABIUTY 1 Y Y 1478041- E17 -36C 0918660- C24 -36B 1111712011 091zB1z01i 11117l2D12 09/2812012 1EesBINEDHSINGLELIMIT $ 1,8nO,OOD — X ANY AUTO BODILY INJURY (Per person) $ ALL AUTOS EO HIRED AUTOS X AUTOS SCHEDULED NON -OWNED AUTOS BODILY INJURY {Per accident) $ PROPERTY DAMAGE ) • $ $ UMBRELLA LUU3 FJCCESSIJAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ �. - AGGREGATE $ DED 1 I RETENTION $ 1 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N NIA WI— C STATU- OTH- TORY LI( S ER_ ANY PROPRIErOR/PARTNERIEXECLMVE OFFICE/MEMBER EXCLUDED-7 l E.LFJICHACCIDFJQ'f $ Mandatory Is NH) Ryes, desmbe under DESCRIPTION OF OPERATIONS bedAt___.___I E.L DISEASE - EA EMPLOYEE $ $ E.L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS JLOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) 05 DODGE RAM 3500 PICKUP, VIN: 3D7ML48CX6G111583, ENOL POLICY • COVERAGE IS SUBJECT TO THE INSURING AGREEMENTS, CONDCIONS & EXCLUSIONS IN THE POLCIYFORMS. 30 DAY NOTICE OF CANCELLATION, EXCEPT 10 DAY NOTICE FOR NON - PAYMENT OF PREMIUM IS INCLUDED IN THIS POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATTN: PAUL BASS 2525 HYGElA STREET CORPUS CHRISTI, TX 78415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE )MTHTHE POLICY PROVISIONS. AUTIfORI�y REPRESENTATIVE ACORD 25 (2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 —119- AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 3/16/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361 -826 -3464 2012 Discover Downtown event CAPTION Ordinance authorizing the City Manager or designee to execute a lease agreement with the Moondogger Productions L.L.C. for 2012 Discover Downtown Music & Film Festival and related activities to allow use of City property including former Memorial Coliseum grounds and adjacent northern parking lot during May 9, 2012 and May 19, 2012; and declaring an emergency. BACKGROUND AND FINDINGS Council is requested to approve the date, location, admission fees and consideration for the 2012 Discover Downtown event and related activities. This is the first year of a potentially annual signature event. ALTERNATIVES Do not approve event agreement. OTHER CONSIDERATIONS none CONFORMITY TO CITY POLICY City Council's action is required for lease agreements and fees charged in conjunction with public events. EMERGENCY /-NON-EMERGENCY Emergency DEPARTMENTAL CLEARANCES Legal; Accounting; Budget FINANCIAL IMPACT Not applicable Fund(s): Comments: none RECOMMENDATION Staff recommends approval. LIST OF SUPPORTING DOCUMENTS Event Agreement, Ordinance Project to Date Fiscal Year: 2011 -2012 Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALAN Fund(s): Comments: none RECOMMENDATION Staff recommends approval. LIST OF SUPPORTING DOCUMENTS Event Agreement, Ordinance Page 1 of 14 2012 USE AGREEMENT State of Texas § County of Nueces § Know All By These Presents; This short term Use Agreement ( "Agreement') between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly designated City Manager, and Moondogger Productions, LLC a Texas entity, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffir, Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Moondogger Productions' Agent - means a duly authorized representative of Moondogger Productions, LLC. f. Event - means the Discover Downtown Music & Film Festival ( "Festival ") and related activities sponsored by Moondogger Productions. The Event dates are May 18, 2092 and May 19, 2012. The specific types of activities at the Event include the following: music and film festival (film rated PC), food and beverage sales include beer and wine, art exhibit and sales, kid's area, and other activities as agreed to by the Parks Director g. Parks Director - means the City's Director of Parks and Recreation or designee. h, Police Chief - means the City's.Police Chief.or designee. 1. Premises - means the Event sites for the Festival and related activities, specifically'the site of the former Memorial Coliseum and north parking lot and any related streets which are closed by City Council for the Event, more fully described on the attached and incorporated Exhibits. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Secretary — means the City Secretary or designee. 2. Term. This Agreement takes effect upon execution by the City Manager. Moondogger Productions will be entitled to exclusive use of the Premises described Page 2 of 14 below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to Moondogger Productions the privilege of using the Premises, to conduct its Event for the dates May 18, 2012 and May 19, 2012. 4. Premises Revisions. If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Moondogger Productions Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon filing with the City Secretary. 5. Event Layout Diagram. Moondogger Productions Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director, 6. Special Event Fee. Moondogger Productions must pay City a one -time Special Event Permit fee of $400.00 under City ordinance. 7. Payment of City Costs. In consideration for the use of City property, Moondogger Productions will pay the City within 30 days after receipt of City invoice the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that Moondogger Productions has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from Moondogger Productions The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Moondogger Productions 's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 25. The Parks Director will invoice Moondogger Productions for the City's Direct Costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping, and repair categories. Upon receipt of written request of Moondogger Productions Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces anticipated attendance at the Event, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of Moondogger Productions, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water lines caused by acts of Page 3 of 14 Moondogger Productions, its employees, volunteers, vendors, contractors, or subcontractors. If the sod at the Premises is damaged, Moondogger Productions agrees to either replace the sod with,similar product, or to reimburse the City's costs for sod replacement. Parks Director will provide Moondogger Productions a punchlist of damage to City property within seven (7) days after Moondogger Productions has vacdated the City property. Moondogger Productions must . repair damages within ten (10) days after receipt of the punchlist. If Moondogger Productions fails to restore all items on the punchlist, Parks Director may do so and invoice Moondogger Productions for direct costs. Moondogger Productions shall be responsible to replace any turf damage due to the use for these Events. Moondogger Productions must fill and compact all holes in grassy areas made during the Event. Parks Director must approve all fill material. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed. (Moondogger Productions will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Pollce Officers assigned. For the Event, Moondogger Productions shall be responsible for 100% of all non - police City Direct Costs, 100% of all City health permittvendor and related fees, and 100% of police overtime. 4. Costs of any other services requested by Moondogger Productions 's Agent and provided by City are Moondogger Productions 's responsibility. B. Notice of Costs. For planning purposes only, attached as Exhibit C are estimates of the rates and costs for City Services that may be provided for the Event. Moondogger Productions shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit C. C. Late Fee. Moondogger Productions failure to pay the undisputed charges on City's invoice within 30 days after submittal to Moondogger Productions shall result in a late payment fee being assessed against Moondogger Productions . The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed' amounts, and said fee will be added to the net amount payable to the City. 8. Deposit. Moondogger Productions must pay a deposit of $2, 000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Moondogger Productions within 30 days after the Event.. Page 4 of 14 9. Notice. Notice may be given by fax, hand delivery, or mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3461 FAX (361) 880-3864 If to Moondogger Productions : John Segrest, President Moondogger Productions, LLC 134 Alta Plaza Corpus Christi, Texas 78411 10. Temporary Street Closures. The street closure process will govern any necessary street closures. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 11. Parking. Moondogger Productions will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. 12. Barricades, Traffic Signs. Moondogger Productions must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and prior alternate street access approved by the City Traffic Engineer. 13. Signage and Advertising. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. Signage must comply with applicable City codes. 14. Rest Rooms, Drinking Water and First Aid. Moondogger Productions must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided throughout the duration of the Event and its related activities. 15. Insurance. Moondogger Productions 's Agent must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for bodily and personal injury, death and property damage. Moondogger Productions may elect to include coverage for booth vendors under their General Liability policy. The Certificate of Insurance must indicate existence of inclusion of these participants. Moondogger Productions is required to provide a $1,000,000 Combined Single Limit Page 5of14 Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides (if applicable), stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Moondogger Productions must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death "or dismemberment and .minimum limits of $5,000 for medical expenses. If alcohol is served at any of Moondogger productions Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Moondogger Productions must furnish the Certificates - of Insurance with applicable policy endorsements in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Fireworks vendor must provide proof of permit and certificate.of insurance naming City as additional insured. Moondogger Productions must require all volunteers to sign an accident waiver form that Moondogger Productions must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Moondogger Productions must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Moondogger Productions must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. 16. Indemnity. Moondogger Productions shall indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities,, expenses, and judgments recovered from or asserted against indemnifees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Moondogger Productions or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon the Premises pursuant to this Moondogger Productions Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set -up and take -down, hold, attend, or participate in the Discover Downtown Music & Film Festival and associated activities, on the Premises, with the expressed or implied invitation or permission of Moondogger Productions , or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental Page 6 of 14 order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the-Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees or lndemnitors, or when the injury or damage arise out of or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if $he damage or injury results from gross negligence or willful misconduct of Indemnitees. Moondogger Productions covenants and agrees that if City is made a party to any litigation against Moondogger Productions or in any litigation commenced by any party, other than Moondogger Productions relating to this Moondogger Productions Agreement, Moondogger Productions shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 17. Safety Hazards. Moondogger Productions , upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct -the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 18. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, or Premises requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 19. Permits. A. Moondogger Productions must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City - County Health Department for the sale of foods and the protection of the public welfare. Moondogger Productions shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out herein. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the. starting date of the Event annually. Other permits Moondogger Productions must obtain a Temporary Promotional Event Permit Page 7 of 14 from Building Inspection.. Moondogger Productions 's Agent shall promptly notify the Parks Director of any special conditions imposed by any permitting agency. B. Fireworks. There are no fireworks planned for the 2012 Event. If fireworks, Moondogger Productions or its vendor must obtain permit from the Corpus Christi Fire Department and provide proof of applicable insurance described above and naming City as additional insured. C. Licenses. Moondogger Productions is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music or film showing at the Event. 20. Clean Up. Moondogger Productions must require all food 'and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Moondogger Productions may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Moondogger Productions and taken to a location designated by Moondogger Productions. Moondogger Productions may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Moondogger Productions's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Moondogger Productions must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Moondogger Productions must remove the screens within the non- exclusive use period after the close of the Event. However, Moondogger Productions must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 21. Construction. The construction work for displays and stages- ..must- be- conducted— in accordance with City building codes and restrictions. Any other construction requires prior approval by Parks Director in writing. 22. Temporary Buildings. Moondogger Productions must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non- exclusive use time period. 23. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in. order to install electrical service for the Event. Further, a a Page 8 of 14 Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of Moondogger Productions to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 24. Permissible Vendor Location Markings. No paint or semi- permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs or Premises heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 25. Dispute Resolution. City and Moondogger Productions agree that any disputes which may arise between them concerning this Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal' to the City Secretary within ten (14) days after the written decision of the City Manager has been sent to Moondogger Productions In the Event of appeal,. the decision of the City Council will - be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Agreement in no way waives Moondogger Productions rights to seek other legal remedies during the appeals process. 26. Emergency Vehicle Lanes. Moondogger Productions must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief, These lanes must be kept clear of all obstructions. 27. Assignment. Moondogger Productions may not assign or transfer this Agreement nor sublease the whole or any part of the Promises or make any alteration therein without the prior written consent of the City Manager. 28. Breach, Termination. Any failure on the part of Moondogger Productions to perform any of the covenants contained in this Agreement, or any breach of any covenant or condition by Moondogger Productions entitles City to terminate this Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Moondogger Productions is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Moondogger Productions and the sums. inure to the benefit of City as a set -off against any debt or liability of Moondogger Productions to City otherwise accrued by breach hereof. 29. Right of Moondogger Productions to Use Public Streets. Moondogger Productions acknowledges that the control and use of public streets is declared to be Page 9 of 14 inalienable by the City and except for the use privilege granted herein, this Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Moondogger Productions with the terms and conditions contained within this Agreement. 30. Not Partnership or Joint Venture. This Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Moondogger Productions by the City are compensation for provision of City services as described herein and for the right of Moondogger Production's to use public property for the limited purpose described herein. 31. City Services Subject to Appropriation. Moondogger Productions recognizes that the services provided by the City pursuant to this Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City,. is subject to appropriations and budget approval. 32. Compliance with Laws.. Moondogger Productions must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, and compliance with City noise ordinance, all at Moondogger Productions 's sole expense and cost. 33. Non - discrimination. Moondogger Productions warrants that they 'are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 34. Fence. Moondogger Productions may provide a temporary six -foot (6) chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Moondogger Productions 's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A becomes effective upon filing with the City Secretary. 36. Admission Fee. Moondogger Productions may charge an admission fee. 36. Public Safety. Moondogger Productions must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Moondogger Productions will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Moondogger Productions. provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include Page 10 of 14 a licensed security guard as well as a sworn peace officer, If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above, The Police Officers will be assigned duty stations by the Police Chief, or designee: Notwithstanding anything herein the City Manager or Police Chief reserve the right to cancel the Event at no cost or penalty to the City, without prior notice, if the City Manager or Police Chief determines in his sole discretion that cancellation is necessary to protect the public safety.. 37. Entirety Clause. This Agreement and the incorporated and attached Exhibits constitute the entire Agreement between the City and Moondogger Productions for the use granted. All other Agreements, promises, and representations, unless contained in the Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its Exhibits, of the terms, Conditions, promises, and covenants relating to Moonddgger Productions is operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on L2 , 2012. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI. Ronald L. Olson City Manager Legal Form Approved , 2012 Lisa Aguila Assistant City Attorney for City Attorney MOON OGGE _PRODUCTIONS, LLC BY: EXHIBIT B 2012 Agreement Event Locations, Dates & Summary 1. Description of Premises to be used for the Event Former Memorial Coliseum grounds, and adjacent parking lot, from May 9 through May 19, for the following events. Description of Event on Friday May 18, 2012. From -6:30 p.m, to 11:00 p.m Free showing of PG -rated movie. Description of Event on Saturday May 19, 2012, from 1:00 p.m to 10:30p.m : Paid admission to Music festival, food and beverage sales include beer and wine, art exhibit and sales, kid's area, and other activities as agreed to by the Parks Director; paid admission. Page 14 of 14 2012 Agreement EXHIBIT C — ESTIMATED EXPENSES* Paris & Recreation Special event Permit fee: $400.00 TOTAL ESTIMATE $400.00 *Moondogger Productions may or may not use all services estimated on this sheet. There may be additional services requested by Moondogger Productions which may require a revised estimate. These estimates do not include costs of emergency calls. Actual costs for emergency calls will be billed directly to and paid by Moondogger Productions. AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/20/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police fIoydsacctexas.com 361- 886 -2603 Amending Chapter 33, Code of Ordinances that regulates Illegal smoking products and related paraphernalia CAPTION: Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: The original ordinance was approved by the Council on February 15, 2011. A lawsuit was filed stating the ordinance was illegal because it was unconstitutionally vague. A temporary injunction was granted by the trial court on March 30, 2011. The City appealed and won. The Plaintiffs' temporary against the City's enforcement of this ordinance was dissolved. The lawsuit was remanded back to the trial judge who suggested . that, if the word "primarily" was added to the ordinance to track the Federal Paraphernalia Act, the City's ordinance would be enforceable. In Sec.33 -124 (b) the word "primarily" was added in 3 separate places and a clause repealing ordinance number 028948 and ordinance number 028967 was added in Section 4. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal —123— FINANCIAL IMPACT: None Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget Encumbered 1, Expended Amount This item BALANCE unats): veneral, Police Comments: None RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 5 ORDINANCE AMENDING CHAPTER 33, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE (IX) TO REGULATE ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA AND BY SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate illegal smoking products and related paraphernalia will provide for a more safe, secure and aesthetic environment for the citizens and the City; WHEREAS, products containing all or some of the above substances are currently being marketed in the City of Corpus Christi under the following commercial names: "K -2," "K -2 SUMMIT," "K -2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK -OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM." WHEREAS, it is anticipated by the council that new products will be marketed under different names which will be subject to this definition if they contain any of the chemical components set forth below. WHEREAS, the City Council has determined that the use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of the illegal smoking products hereinafter defined include dizziness, panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, tremors, seizures, and death. WHEREAS, the United States Drug Enforcement Administration has temporarily designated the illegal smoking products hereinafter defined as controlled substances. The Council finds, however, that existing law is inadequate to combat the use, possession, sale, ingestion or smoking of illegal smoking products in the City. WHEREAS, the Council finds that, in order to promote the public health, safety and welfare of the citizens of this City, illegal smoking products as defined below should be prohibited in the City of Corpus Christi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION1. Chapter 33, Code of Ordinances, is amended by adding a new article (IX), to read as follows: caprogram files 1granicusllegistar5lpacket1940 _city council _5_8_201210013_2_f94ed979 -842a- 4112 -890c- 01829632b63c. docx -125— Page 2 of 5 "Sec. 33. Offenses and miscellaneous provisions. * "Sec. 33 -124. Illegal Smoking Products and Related Paraphernalia Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Illegal smoking product means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense tobacco, herbs, spices or any blend thereof if it includes .any of the following chemicals or a comparative chemical: "1. Salvia divinorum or. salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether owing or not, the seeds thereof any extract from any part of such plant, and every compound,manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts, including Salvinorin A; "2.2 -{(1R, 3S)- 3- hydroxycyclahexyll -S -(2 -meth loctan- 2 -yl) phenol (also known as CP47, 497) and homologues; "3. (6aS,10aS)- 9- (hydroxymethvl) -6� 6- dimeth 1- 3(2- methyloctan -2- 6a,7,10, IOa- tetrahydrobenzo [cichromen- 1- ol)(also known as HU -211 or dexanabinol); "4. 1- pentyl- 3- (1- naphthovl)indole (also known as JWH -018); "5. 1- butyl- 3- (1- naphthovl)indole (also known as JWH -073); "6. 1- pentyl- 3- (4- methoxvnaphthoyl)indole (also known as JWH -081); "7. 1-[ 2-( 4- morpholinyl )ethyll- 3- (1- naphthovl)indole (JWH - 200); "8. 5-( 1, 1- dimethylheptyl)- 2-[( 1R, 3S )- 3- hvdroxycyclohexanol;CP -47, 497; or "9. 5 -1, 1-dimethyloctyl)-2-[1R,3S-3-hydroxycyclohexyll- phenol(cannabicyclohexanol; CP -47, 497 C8 homologue). "b. Illegal smoking paraphernalia means any device, equipmentzor utensil that is primarily_used, intended primarily to be used, or by its design can be primarily used in ingesting or inhaling illegal smoking materials and may include, but is not limited to: "1. A metal. wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; "2. _A.water pipe, excluding hookahs used only fy or smokinlegal tobacco products; c:lprogram fileslgranicuslleg istar5lpacket1940 _city council 5_8_2012\0013_2_t94ed979-842a- 4112 -890c- 01829832b63c.docx —126— Page 3 of 5 "3. A carburetion tube or device; "4. A smoking or carburetion mask; "5. A chamber pipe; "6. A carburetor pipe; "7. An electric pipe; "8. An air- driven pipe; "9. A chilluin; "10. A bong; or "11. An ice pipe or chiller. "c. Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer, any licensed or unlicensed business, or other legal entity. "(2). Offense. al). . It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, deliver, sell, offer for sale, or transfer any illegal smoking product or illegal smoking paraphernalia. . It shall be unlawful for an . erson to cause an ille al srnoki be sold, delivered or transferred to another person. • roduct to " c . It shall be unlawful for an erson to use or possess file al smokin paraphernalia with the intent to infect, ingest, inhale or otherwise introduce into the human body an illegal smoking product. "(d). The curable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 2. A person violatingy terra or provision of this article shall be subject to a fine not to exceed $500.00. A person commits a separate offense for each day during which a violation is committed, or for possession of each item described under this ordinance. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of co m etent 'urisdiction it shall not affect an other section ara a h 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, hrase, word or provision of this ordinance be given full force and effect for its purpose. caprog ram files lgranicusilegistar5lpacket1940 _city council_5_8_201210013_2_f94ed979-842a- 4112 -890c- 01829632b63c.docx —127— Page 4 of 5 SECTION 4. Ordinance number 028948 and ordinance number 028967 are expressly repealed by this ordinance. SECTION 5. Publication shall be rnade in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. caprograrn fileslg ranicusllegistar5lpacket1940 _city council _5_8_201210013_2_f94ed979 -842a- 4112 -890c- 01829632b63c.docx —128— Page 5 of 5 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 Joe Adame City Secretary Mayor c:lprogram files \granicusllegistar5lpacket1940 _city council, 9_8_201210013_2 f94ed979 -842a -4112 -890c- 01829632b63c.docx -129 -, AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsacctexas. corn 361 -886 -2603 Appropriating Police overtime reimbursement monies for HITS marathon CAPTION: Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. BACKGROUND AND FINDINGS: The. HITS Triathlon Series event occurred in Corpus Christi February 18 -19, 2012. The company, HITS Inc., agreed to reimburse the Corpus Christi Police Department for 50% of overtime costs associated with providing officers for traffic control for the event. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Budget Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only} Current Year Future Years TOTALS v Line Item Budget _ Encumbered / Expended Amount -133- This item 30,301.57 BALANCE 30, 301.57 Fund(s): General, Police Comments: RECOMMENDATION: Approval of the appropriation. LIST OF SUPPORTING DOCUMENTS: Deposit slip 30, 301.57 30,301.57 CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed 142321 111 IYIi Y! if �,,��y /� Depd'C?WC+tr~ Prepared/Reviewed by s�jp, Date:? �j — Esti�lWI`F Bank Bag #: 0 I.3 c9e6 EW PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS i WAY Y 11)..' 1f1 V.i2 ObitQP 99' 3a1715 Taw 1119.0 _. V ? xpphol Hz, 95 SOIC211 _ 112219 11450 . mot? cam_ /e ` i q aMlip I i i A T P ____ - & a hkfC5P nem li, 15 3D.82,15 ipao 11 1/0 d N, 1.9. 3Q 1 toad L1250 _z 331.19 (g... ' OSCI 1 0a 117 O 21Z _ • CASH VERIFICATION COUNT CURRENCY $100s AMOUNT S 50s S 20s $ lOs $ 5s S Is COIN . $0.50 $0.25 $0.10 $0.05 $ $0.01 • CASH SUBTOTAL CHECK TOTAL (include tape) $ SUBTOTAL CREUJT CARD (include tape) $ GRAND TOTAL $ If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code In the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW - CENTRAL CASHIERING PINK - DEPARTMENT COPY GREEN - PERMANENT FILE COPY Revised I IIO1199 —135— HITS, INC. GENERAL OPERATING ACCOUNT 12 CCTXTRI CITY OF CORPUS CHRISTI (TEXAS) g .. VIM Lk' e�alpaAanjeaJApr j 1 rl Eo 984 2336 &00H° at t H a —136— 0 0 0 ru ru 00 166 no Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18- 19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,301.57 is appropriated from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. 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 Joe Adame Mayor TO: AGENDA MEMORANDUM For the City Council Meeting of May 15, 2012 DATE: 4/16/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826-3729 Floyd Simpson, Chief of Police FloydS @cctexas.com (361) 886 -2604 Ordinance for Protection of Vulnerable Road User CAPTION: Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. BACKGROUND AND FINDINGS: The Traffic Advisory Committee and Bicycle and Pedestrian Sub Committee have requested City Staff, and Traffic Engineering, to submit to Council for their consideration the attached "safe passing ordinance" or "vulnerable road user's ordinance." The Protection of Vulnerable Road Users Ordinance drafted by City Legal Department was reviewed and passed the Traffic Advisory Committee on March 26, 2012 and are requesting favorable consideration by City Council. This ordinance will require all motor vehicles to pass vulnerable road users at a safe distance and is subject to enforcement. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: This ordinance promotes the safety of vulnerable road users and will allow the Corpus Christi Police Department to enforce the law. CONFORMITY TO CITY POLICY: This ordinance will add a new Section 53 -15 to the City Code. EMERGENCY 1 NON-EMERGENCY: Non - emergency —141— DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line ltem Budget Encumbered I Expended Amount • This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Traffic Engineering recommends the approval of the new ordinance for the protection of vulnerable road users. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ADDING A NEW SECTION 53 -15 OF THE CITY CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS; CREATING AN OFFENSE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 53 of the City of Corpus Christi Code of Ordinances is amended by adding a new Section 53 -15 to read: CHAPTER 53 TRAFFIC ARTICLE I. In General Sec. 53 -15. Protection of Vulnerable Road Users. (a) In this section, a Vulnerable Road User means: (1) a bicyclist; (2) a pedestrian; or (3) a person with a disability, (b) An operator of a motor vehicle passing a Vulnerable Road User shall pass to the left of the Vulnerable Road User at a safe distance, (c) An operator of a motor vehicle passing a Vulnerable Road User may not move back to the right side of the roadway until safely clear of the passed Vulnerable Road User. (d) An operator of a motor vehicle that passes a Vulnerable Road User at a distance of 3 feet is presumed to have passed at a safe distance. (e) An operator of a truck (as defined by the.Texas Transportation Code) that passes a Vulnerable Road User at a distance of 6 feet is presumed to have passed at a safe distance. J:\1.ENG11 . AGENDA ITEM S11210508121050812 ORD adding Sec 53 -15 Vulnerable Road User.docx —143— (f) A bicyclist shall use a bicycle lane when available and free of obstruction or debris that prevents the person from safely riding within the bicycle lane. This subsection does not apply to city - permitted organized events. (g) A pedestrian shall use an adjacent sidewalk when available and accessible to the pedestrian. This subsection does not apply to city - permitted organized events. (h) A person with a disability shall use an adjacent sidewalk when available and accessible to the person with a disability. This subsection does not apply to city - permitted organized events. (1) A violation under this Section is a Class C misdemeanor. 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. SECTION 5. This ordinance takes effect immediately upon passage. J:11.ENG11 AGENDA IT E M S11 210 5 08 1 2t050812 ORD adding Sec 53 -15 Vulnerable Road User.docx —144— The foregoing ordinance was read for the first time and passed to its second reading an this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROV D as to form: 11- Apr -12 By: �I Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA IT E M V21050812\050812 ORD adding Sec 53 -15 Vulnerable Road User,docx — 145 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 05/08/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb @cctexas.com CAPTION: Award of a twenty -four month service agreement for Street Sweeping Services Bid Invitation No BI- 0086 -12 RECOMMENDATION: Motion approving a service . agreement with Coastal Maintenance Concepts, LLC /Deluxe Finance Inc., Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. Bf- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of $587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four 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. The service will be administered by the Storm Water Department. BACKGROUND AND FINDINGS: In continuation with locations historically cleaned, street sweeping services will be performed for the City's state and arterial streets and the Downtown /North Beach area. State and arterial street sweeping will be performed monthly and the Downtown /North Beach area will be cleaned on a weekly basis. In an effort to minimize the pollutants that enter the drainage system, the contractor will ensure effective sweeping by removing floatable litter, grass, mud, dirt, glass or any other item not permanently attached to the curb. ALTERNATIVES: The bid response received from Coastal Maintenance Concepts, LLCIDefuxe Finance Inc., meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. -149- EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) • Current Year Future Years TOTALS Line Item Budget $2,097,339.68 $514,048.50 $2,611,388.18_ 709,000.65 Encumbered 1 Expended Amount 709,000.65 $0.00 This item 73,435.50 $514,048.50 587,484.00 BALANCE $1,314,903.53 $0.00 $1,314,903.53 Fund(s): Storm Water Maintenance and Operations Comments: The Storm Water Maintenance and Operations Fund has allocated an annual expenditure of $2,097,339.68 for professional services. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0086 -12 Bid Tabulation Service Agreement 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 -150- G7 U Z LL1 O CO i7 Z D• a Er- ca w < 111.E 1- to a w Fa W cc 1- N Bentex Sweeping, Inc. CORPUS CHRISTI, TX 13 0.1 a1 U a 1 C U ti 6 co N a il] co H} — CO o ao n O co r 69 °o W CO CD co r 0 a 6 V' 6699. r) ' O 64 oo Ci CD '¢ M a) 69 Sweeping Services of Texas = GRAND PRAIRIE, TX Unit Extended Price Price 0 0 W N a 0 I !� 6' O 0 coo O i 64 0 0 O 0 6 O O d a) 1 419. 0 0 CD N' T vi 0 0 0 r 64 0 0 O — 64 0 0 co co b 0 O Q .. 0 67 Coastal Sweeping Services CORPUS CHRISTI, TX Unit Extended Price Price 0 cv W co 6 } 0) C N cr (0 i.- 00 o r 69 0 [V 0 69 o t-4 G6 - r (0 co 69 0 CV 0 6} 0 0 0 0 hl dg 0 O N r. o 0 O CD o Q N 5{9 Coastal Maintenance (Concepts CORPUS CHRISTI, TX 'Cr U uJ c of 0_ ITEM DESCRIPTION QTY. UNIT mues) 1.3 Street sweeping of Arterial Streets 5,214.00 curb mile once per month (217.25 curb miles x 24 months= 5,214.00 total curb $1,502,176.93 STREET SWEEPING SERVICE AGREEMENT Service Agreement No. THIS Street Sweeping Service Agreement (this "Agreement ") is entered into by and between (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Street Sweeping Services in response to Bid Invitation No BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Street Sweeping Services in accordance with Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). 2. Term. This Agreement is for twenty -four (24) months commencing on and continuing through . The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. —152— 6, Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31g), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11), or the Contractor's bid offer to Bid Invitation No. BI- 0086 -12 waives any subsequent breath of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and Local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, .Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). Failure to keep all insurance policies and performance bonds in force for the entire term of .this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. —153— 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sett certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: . Contractor Contact . Address: City, State, 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to- month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. . 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND. ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR.ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH: THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY FIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE TEE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. —15 4— 20. Course of Dealing. It is expressly agreed that no course of performance, course of dealing or usage of trade shall be relevant or admissible to contradict, supplement, explain, or modify any express provisions of this Agreement or Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). Furthermore, it is expressly agreed that the City's acceptance of or acquiescence in a course of performance under this Agreement shall not be admissible to modify, waive, supplement or explain the terms of this Agreement, even if the City is aware of a course of performance and has an opportunity to object to it. SIGNED this day of , 20 CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS Contractor 4-1 mai 5 Title: e,,— Date CARLO VALDEZ, CITY ATTORNEY By: Veronica Ocanas Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0086 -12 Exhibit B: Bidder's Bid —1 5 5— AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/19/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police ilovdsc cctexas.cam 361 - 886 -2603 CAPTION: Accepting the Click It or Ticket Grant from TXDOT and appropriating funds A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 21 -- June 3, 2012. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2010 CIOT campaign, the State safety belt use average was 93.4 %with the City of Corpus Christi at 91.5 %. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CLOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, and 2011 ALTERNATIVES: Not accept the grant and not participate in the state wide C10T campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. —159— EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: " Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $23,992.90 $23,992.90 BALANCE $23,992.90 $23,992.90 und(s }: Police Grants Fun Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant Agreement -160- Texas Traffic Safety eGrants Fiscal Year 2012 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2012- CorpusPD -CIOT -00015 Period: 05/12/2012 to 06/26/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: CFDA Title: Occupant Protection Funding Source: Section 405 DUNS: 069457786 Project .Title:STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/12/2012 or on the date of final signature of both parties, whichever is later, and ends on 06/26/2012 unless terminated or otherwise modified. Total Awarded: $23,992.90 Amount Eligible for Reimbursement: $23,992.90 Match Amount: $0 201 2 -Corp us P D -C I OT -00015 Printed On: 4/18/2012 —162— City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby of the organization for which she /he has and complete authority to enter into this THE SUBGRANTEE City of Corpus Christi By: [Authorized Signature] [Name] represents and warrants that she /he is an officer executed this agreement and that she /he has full agreement on behalf of the organization. THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 —163— City of Corpus Christi Project Title Project Description General Information STEP - Click It Or Ticket To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period. How many years has your organization received funding for this project? This will be our fifth or more year. 2012- CorpusPC -CLOT -00015 Printed On: 4/18/2012 —164— City of Corpus Christi Texas Traffic Safety Pi logram GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -1.02; OMB Circular A -21; OMB CircularA -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2012- CorpusPD -CLOT -00015 Printed On: 4/18/2012 —165— City of Corpus Christi purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. 1. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —166— City of Corpus Christi unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement ( TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s).for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —167— City of Corpus Christi I underrun funds from Budget Categories. II or I11. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —168— City of Corpus Christi ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2012- CorpusPD -CLOT -00015 Printed On: 4/18/2012 --169— City of Corpus Christi overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants . messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a .government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 -170 -- City of Corpus Christi claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a.government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —171— City of Corpus Christi If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non- Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission . policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUS1ON The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2012- CorpusPD -C IOT -00015 Printed On: 4/18/2012 —172— City of Corpus Christi bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property, management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 -1.73— City of Corpus Christi Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RiGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 201 2- CorpusPD -CiOT -00015 Printed On: 4/18/2012 —174— City of Corpus Christi by the Subgrantee of the Subgrantee`s obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that, Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —175— City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed fordebarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2012- CorpusPD -CLOT -00015 Printed On: 4/18/2012 —176— City of Corpus Christi Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of.a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person . for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child. Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http: /Iwww. dot .state.tx.us /cso /default.htm. 2012 - CorpusPD -CIOT -00015 Printed On: 4/18/2012 —177— City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed Pl &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. 1. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 201 2- corpus P D -C I OT -00015 Printed On: 4/18/2012 —178— City of Corpus Christi report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug • recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2012- CorpusPD - CIOT -00015 Printed On: 4/18/2012 —179— City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E, Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2012 - CorpusPD -CfOT -00015 Printed On: 4/18/2012 —180— City of Corpus Christi Goals & Strategies To increase effective enforcement and adjudication of traffic safety - related laws Goal: to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety- related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks strategy: Increase enforcement of occupant protection laws. X I agree to the above goals and strategies. 2012- corpusPD -CLOT -00015 Printed On: 4/18/2012 _181_ City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type of citations /arrests to be issued during the CIOT Operation a. Safety Belt Citations 1100 b. Child Safety Seat Citations 100 c. Increase the safety belt usage rate among drivers and front seat passengers, between 2% pre & post survey results, by at least the following percentage points 2. Total Number of Enforcement Hours 450 Step Indicator 4 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 2012- CorpusP© -CIOT -00015 Printed On: 4/1812012 -182- City of Corpus Christi PI &E Objective /Performance Measure 1. Support Grant efforts with a public information and education (Pl &E) program a. Conduct a minimum of one (1) presentations b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news releases, and interviews) c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) d. Distribute the following number of public information and education materials (if applicable) 2012 - CorpusPD -CIOT -00015 Printed .On: 4/18/2012 —183— City of Corpus Christi Budget Summary 2012 - CorpusPD -C10T -00015 Printed On: 4/18/2012 - —184— Fif� .--' u*- I.g,„' �. ��W' Taft 11 71 ` .Y 11 91 �� a4 it-�: 'j. �' _,,_ �;� , -� f it j4 'Y . u1°. a m- r77.1' �' 1 LTV ' ' '..T!',1-r-7:,..17 eg tic f �"�-'1 .1f-. s E [- '. ;. r, 4 %x l" '; :e' d'4i. � 13I � �3; ? � S id � (1 00) - $19,594.04 so (200) Fringe Benefits $4398.86 $0 ,. wr . - x -. - m Q W .µ.� µ rS "5., Fy - s+t �Y 2' 42,�c j aL� � Y %'ii '_ ri' . 0;,,,,,,. s. ' (300) TraveI$23,992.90 $0 $0 � - (400) Equipment $o $o = A. • (500) Supplies e (600) Contractual Services $o $o 1,P ` � �� t (700) Other Miscellaneous $o $0: -.- -t ,, ?Y rj �S+u -T,. .u, �o s _ ' `�3 _.�PR6 Yl"3��b -1 T1 � iu0."- h :,;,,,,,,gal:,.. s 1, ,5. s i �e 535 n 4 Y a h r qtr & 2 r{� °r y m $`43 '.' a " �' `� 4"' i�' w �. 1 '�. y;} «�L' $D I,a- 'S. 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'`' .:y c ;; ? h i J f 1 �:f- 3 I S Cfi Y i ,•-'4.- . aY�1" Shi 9r�ay1 'be. .w .s>3 .. k- Y3' r6 Sa a 7 L; lf- J' �NC'MC'..N.y�Y R' W Y `i' - WL�%.' iti .� "W J..., , ,$u4�,.� - �..4 F .i -i'� -' s 6 i fi P lEli'i'� v" ti K: <� Fla It 1. ''w 9 - t•''r � 7-y • bN Id a a T� -iF1�'� R r: « - xy _ .� =Fr k'e � 1 -r 7, _ ? _ �~ I,w` 54. tea - ' . _5rr � �.3._ x rl ._ .: c.�6`.4 a�i Fund Sources {Percent Share) 100.00 %0 :9 0.00% 7 2012 - CorpusPD -C10T -00015 Printed On: 4/18/2012 - —184— as a CIOT Operationa City of Corpus Christi x I agree to the following .�s E 0 0 N N N —7 • d' C O ca N 2 LO. N O N (-4 0 CTS o2 Site Description May 15, 2012 - May 17, 2012 N Q (N1 a) N O N N as 2 June 7, 2012- June 9, 2012 June 11, 2012- June 26, 2012 —185— Description of Activities �, cc .0- -a w,a N_ C 0 ro y 1— C E C 0 a) as v a) c'a y—� d Q (�� "�-' U as .c O Co "' C d} E -c 7 �' U C .c d .2 E C j 0 C C= a) U • 7 QQ) ° 0 O as " E E N a) o c— a; N m co - i� '— �n aa) o a) E' as O C O i C i7 0 CES • LL.i 9 as ta t_, — CI5 d Q 7 U C. a ai Q a) O O a) ns C C Iti O -2 LO a) a) 0_ 7 m a) Q 4.VJ N E m W U CO .3 a) >• O 0) ' E 1- ++� .` d p.Q)L q) (01:1 0) Zi a) o a) .s-+ 2 22 .-:.Q 1." JC CC •U co a) U (G R. a)Q.— ;•C7 9 0. ,.° 2 o .2 F- ❑ U a) �, c 0 (U o.~ 4~ E .cam ) a) .� 0, C Y "C co 8 +- }, D) CET f� U) Q-- C C O C a) Q( C U O x N c- .0 C O co C y r y N Q) N C • u) p C t E 0_ 0 - a) 4'C.. 0C) C ?+ I. as - to co a) ` T E O C Q O N C I-- C C O H O ..0 {s O) O 1 0 O t) C O • O° _E co a) a) U O ;` (c ogx Ec -0 .0 '° O L N+O+ 0 O c v) a) 0 '17 a) t co F- = a. E O •9 L •1--� a�Hoa)Qa)= Ua)� C • b .I= • o • � 3 • "Pre - Surveys" Pre -Media Campaign Enforcement Period oN 0 N a0 • _C 0- ■ 0.. 201 2 -Co rp us P D -CI OT -00015 City of Corpus Christi ^ r C as a) .14 r rts . >„ a., 4--;. ia 0. _. _. — cp -.E. = al V - - o �_ a) - {o L '5 7 ED. Z CAO E ig a) O us to c co O C m C x 2 w C V O OC N ' Cn F. c co C O N¢ t al 'Q E co U C —O = C O C C d = a) J co C (/) N a)c -ac CUa) 0 .0 a) d R5 d 0 Q1 C .E ui L C v _ c gas f —CLOD o Q1 05 6 a?� Q d' - 0' 0 co O 0 Q •7 51 d I6 Q a X a) > as RS «, Id U N w- .d Q) Q) 0 -o c U �' vei o c N a~i o.0 c = N o 5 E(1) - -r.„ co ca) a) - a) a) U e.9 7, o. U .0 D 2 E a ) c � N U a E -° H = aa)i 0 �X • 0. °o. a) o C d = 0 0~ O a) L L +� +. a) cu d- c C L p -a co U E (i) Q) d 'a) w Z_, d U° x o v .o i s. o N} CP c 0 = c s o o E a- ct' -3 •c Ri C al 76 E C� O O a c } `C _E o c U O U i o .,... C `1 N a) N a) u ,QJ o C6 o N a) (C m � c4 C o a a`) c� it E~' `� rn ca v E E a) a) E .o, o ° a)c st•� E0 U N c ca 0 Oi V- U E d -0 C c m� 0EW CD-t� Ti `ci �,o �o I. Qcut�o -a o0 fit- oc �,Ev CA al M O W ° O S. = N' N Z= O o T.,0 0as6rloc.0 o oc a)N a) a.) Uo. - .00Qxc U-0 < I— .c as•�i_r_ Ti =r • L]C) .Fes-0 • = •? • E-� • • ca Post -media Campaign Reporting Period ai 0 Z —186— City of Corpus Christi, City of Corpus Christi 2012 - CorpusPD - CIOT -00015 Printed On: 4/18/2012 2012- CorpusPD-CfOT -00015 Printed On: 4/18/2012 Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant in the amount of $23,992.90 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (C1OT) Selective Traffic Enforcement Project (STEP) within the Police Department. 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 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: 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, 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 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsgcctexas. com 361- 886 -2603 Accepting the Port Security Grant Program Sub -Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. B. Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coo'dinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the sub -grant and appropriate the grant funds. EMERGENCY I NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Current Year Future Years TOTALS —197— Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement —198— Expenditures (CIP only) , Line Item Budget Encumbered / Expended Amount This item $244,302 $244,302 BALANCE $244,302 $244,302 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement —198— Ordinance appropriating $244,302 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $244,302 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the police department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due_to --the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires.an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: April 12, 2012 T. Trisha Dang Assistant City Attorney For 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, 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 SOUTH TEXAS AREA MARITIME SECURITY COMMITTEE (STAMSC) PORT SECURITY GRANT PROGRAM SUB - GRANTEE AWARD AGREEMENT between W.J.WAGNER, INC and CITY OF CORPUS CHRISTI, TX This Agreement, between W.J.Wagner, Inc, as Fiduciary Agent (hereinafter referred to the Fiduciary Agent) and the City of Corpus Christi, TX (hereinafter referred to as Sub - grantee) is effective from this 1st day of April, 2012 until August 31, 2014. The Sub - grantee understands and agrees that this grant award shall be subject to and incorporate the following terms and conditions. The Sub- grantee shall include provisions appropriate to effectuate the purposes of these conditions in all contracts of employment, consultant's agreements, and contracts issued under its approved application. I. Authority and Purpose A. This Agreement is undertaken pursuant to § 46 USC 70107 and the Maritime Transportation Security Act of 2002 to pass through federal preparedness assistance awarded to the Sector Corpus Christi port area by the Federal Emergency Management Agency (hereinafter FEMA) under the Port Security Grant Program. B. Purpose and Amount of Award: This Agreement establishes the terms, conditions, assurances and certifications under which the Fiduciary Agent shall award to Sub - grantee an allocation of funds from the Port Security Grant Program (PSGP), Award Number EMW- 2011- PU- K00178 -05, in the amount of $244,302 for Mobile Interoperable Communications Vehicle in accordance with the Investment Justification (Exhibit A) and Budget (Exhibit B) approved by the South Texas Area Maritime Security Committee, which are attached hereto and made a part of this Agreement. —201— 11. Applicable Rules /Regulations A. Applicability of Federal Regulations and Conditions: The Sub - grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. Administrative Requirements: For state, local, and tribal governments: 44 CFR Part 13, Uniform administrative Requirements for grants and Cooperative Agreements to State and Local Governments. For all other Subgrantees: 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -profit Organizations (OMB Circular A- 110) (also applies to for - profit entities) Cost Principles: For state, local, and tribal governments: 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A -87) For colleges and universities: 2 CFR Part 220 Cost Principles for Educational Institutions (OMB Circular A -121) For not- for - profits: 2 CFR Part 230 Cost Principles for Non - Profit Organizations (OMB Circular A -122) For for - profits: 48 CFR Part 31 (FAR 31.2) Contract Cost Principles and Procedures, Contracts. with Commercial Organizations Audit Requirements: For all sub - grantees: OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations A -133 requires an annual organization -wide audit or program audit if Sub - grantee expends $500,000 or more of federal funds during its fiscal year, unless a lower threshold is established by any applicable rule, regulation or standard. Copies of these OMB Circulars are available for download on the OMB website at www.whitehouse.gov /OMB /grants /index,html B. Federal Standard Assurances and Additional Assurances and Certifications: The Sub - grantee agrees to be bound by and/or comply with the Federal Standard Assurances and certifications required by the PSGP application. These include SF 424 B and D (Assurances - Non - Construction and Construction Programs), Certifications Regarding Lobbying; Debarment, Suspension And Other Responsibility Matters; and Drug -Free Workplace Requirements, and Accounting System. The assurances and certifications are attached to this agreement, and should be signed and returned to the Fiduciary Agent. -202- c. PSOr'Oulflincet' funds multi' tlksi<sgrt Grant Pratt guidance an !et 1otatiE nn 'arid tot of n Ole Fir 201 I ?d smutty . `l i M grpnp .trtderstartds and tit c*nno( use fiuy feecrai funtlai ,either directly or 1ndk .et1y, 'st the -e eetn ent, repeal nodif cation Or adoption of any t'aw. 'regit atiorl, r.p icy at at .level of go 'emmexit, The Sulu ;girargee a toll ;not dev to orengage_tn theldevelopment� a tas not u�pl,jr{ etd..�iin.;ti a ayppplioatio ithont apppr vrallj from the FiduciaryAgeent �`A)): 44iIP �.. L* k iW.7.ii -41 c0 of a 6J.{ Lt Abieti ent by !i- � . , The OA UT kaonitot he proJot.ot1 Qpntilitta1 basis by -ainta ur-, c ageing oortt ct tie Sub gt'a t e, nd -rill provido input to the p ragra ''s 4irection a .ueede€ . ag ul grahtee and yout etaploYeesl ay out: ti End se re ion% 01'44044 to persotzscdt r gtb per od of tixr t.at.warddts in :effect; 2) Preseure a cornmerctal .sex act during tlte: period of time that the .award 01 ee or Vse oxced 'robot tho rf frn o Ott t o vtrd l onr upplanfng-Stlpulation ; Th .Siji grat e shall not use grazit fund to ,Snpplaafint&that have boto budgeted for the sonic parpQse Tederai sources Sub or tt -�tnay: be rerl tred to.: e state ar d duct rttent't uf.a, :reduct otas- Fed: 10:t soUes.Oecurred forr'easons of er (110 the reaetgt.or expected receipt of Peder 1 funds. gAilfoiroinental at 1.11stkrit, P eo ervation, egatr ei is Sub - Santee .o 1,iy wi* Z applt b : cder 1, 4tate a 4 local enyironmuent and;histone ,pia .0,04004 on (ERP) m tints and shalO; provide any tiforma`tk n requested by 1± IVtA to ensure comnpliance with applfeable laws, incitidtn t Natioti wirontneiital 'POW] A 1 atiozi Historic Prey rv.tton Act Btidangered pectes Act, 4.40 l Xecti' ie Qrders on Fioodplallw (1 0SS}, Wetiands 01099040d. Pnviror e 'tat J'oati _ 12 ) Failure ob grantwo acct ed ran, SSt .te; r ci 1 i1 qutreni nts artd obtain 4ipplktiKp paints may jeopardize Federal nding alti-tranteeshalihottifidedakeanyptopothavingthe.potaittattn lihpact FHP tepiettS,Vtlidilt the prior approv i of FE A xnei lding,. but riot 11' ted tb piptnioutticartons towers,.ph :ste l seeur ty enhatie font s riew cpnstruotion and wadifieat ons to buildings that are 50 years ol4 or gr.:-eater, -. to iust eo ply w tlt all: conditions plc cd vn; e p cj the molt of the lsHP resew Any change to the apps t pt jest soape of work: will requi re�re cvakuatton for carnpl once with t ese EIS roc lze ments, otrrtd dts r rig a 00.4i s opcair &Ott prsaipptioderoentatioll tic. T a� must cure ntto ring of grou nd ctisturban ce d tf any potent l aitthtWtoglcal =respitto are <d scol/ the Sale -grant II rn tediatei' . FkAa Se. Whatruetion itt that area anditoti 'aPptoptiate _atafe-1,110oric 4.t.t Audit The .S-4.gratita Cirpltits A43.1,f6t$.14tes.i„r AVOIngAtenclard#4- 199.4J.3.-eY apfilicable, Ifthe Subtreolple,, 40,604 you', tjio 000liftoo anAttrigtort,-. 1adit _ the ppojp.40, annual 4444 t 411' ,renittiii6fits_otomB *,•64toWOOYOrtiftlIt: . igt.-13toAt9.40.#_4(**As 00 ol7more otpoot014.040,-.400x1na 044f4.*010 . And 4000010001.#4.4. oopy .3,4000114 R-44.01irettoti.::. -10a0 ia 1 ., .4. eatt such fon4 ny0i6 (40ary Agntay eltietahsoentalatiy d as'quarterty 111,9141 the 1 5th day 911! hamary, Aptil, July and October, :04:the Sem is,!Appliol.mogre0s,,r9porits by thp 15th OfJahitary.alid.'Inlyit*t ea0.yettetilig,Agreeinent,itreffeCtiiiic agVell as 6nalioattoratt'opoittod:6vAlitatfOiplopottL TheinaliTtOWes-grepOrtrong be NviihIN:Pitimcioty,AgPM c100.:40orthe tgriningionOrifig: 140,yptc ofthe grant award Thef440..0*fr Agent niust receive the fingProgres.s teport_priet: tii. the gnat eda, repottheffig:;pliitli, Vogthntaflan,ftip4lng; :$gbfgraritee 040410 that the awarding .othig grant 4rio.; way Asiures, of implics COntinuationofAinding:boyOndthe project duration lriditatddoftla Vant aWarct. it a COOtinVatiOnapplioati:on.ig aptttoved, federal funds nvaiiibloviclotho outptit,grant and- Ootrtgonnair0_-eagh matchihk fnutiomust br. espoodod Qt .Q.Wigatc.d and doom:wed:prior tO-flic:.i:tup.lgraentation. Othe eontinhatiOn graht andtp43enditur• of fonds, L, Third Potti:rartiopition;, No contract or Veenteittnaybeenteredfinto. by if10:$14 fi4g_txtritOeibt"-eXe011toDOf ProjotgotivitiP rprQvisjo f $coltos to a grant project othr than.putse ofsupphe s or LstatAard oorinfe.rotolor AnAttgo.qapex services which apc•441.111c00.04rfttr41 in 'the approved applipation, Any such arrangements shall provide that the Se-grantet Igill.retaintitiniate eel:it/tit antlittspOttglhility for the otipotsAnd.that these mialtion0 shall tea the ooargotor Iii any cas; where the Sub-grantec enters into a contmt With thud parties, _and when such contracts_ are not contrary to law, the piociory Agog kg not be Obligated or iiab1e foram' breach of contract or other action in law to-any py outer thiihe . Original sub-grante0;. Aelt agrogl tat the fOlit of thy Fidhplaty A - -nt tolusigt upon. the .-_i±riotxierfOrniance of any proyiglian ofthig agreement et to exercise fitly tight TWO.:;upolk a breach thereo4 or the acceptance of any-performance .during such breach shall not congtinite a Waiver Of any 'rights assigned to:Pi-thickly Agent under thig.Agteenterit, rr9perty IRqpiretj with grant funds.: EffectiAzeogattol auciaccoputahility must be maintained for all petgbitilljtop*Iyh"1 accordance with 44eF11..11',:52. Al l Pnietl'tlitKijetWectelf4 traeked. S.uh-gfantees nt adequat1y sohgua td:'Et-11 atitd. 'Oordt-ty and mug assure tha t is used Pettily t6r4IttOrimcl pfintftutteW. NOn*cpendahlefproperty ig defined as any item haying a 1.-sefut Iif of tnom),(1101 -44-41.44 4eggisition cost oPt5,000 or time- per Atthe thefinaI request'for payment is submitted, the Sub - grantee must file with the Fiduciary Agent a copy of the Property Control Record Form (Exhibit C), listing all such property acquired with grant funds. Sub- grantees should exercise caution in the use, maintenance, protection, and preservation of such property during the period of project use. 0. Insurance: The Fiduciary Agent encourages Sub - grantee to obtain and carry, with the Fiduciary Agent named as additional insured, errors and omissions insurance, professional liability insurance and /or professional liability malpractice insurance sufficient to protect Sub- grantee from any liability arising out of professional obligations performed pursuant to the requirements of this Agreement. If Sub - grantee does not obtain and maintain the desired insurance, Sub - grantee shall indemnify, defend, and hold harmless the Fiduciary Agent and its officers, directors, employees and agents, from and against all liability, Ioss, cost or expense (including attorney's fees) by reason of liability imposed upon the Fiduciary Agent that would have been covered by said insurance if Sub - grantee had obtained and maintained it, P. Indemnity and Hold Harmless: Sub - grantee shall indemnify, defend and hold harmless the Fiduciary Agent, arising out of or related to Sub - grantee's performance under this Agreement, whether caused by or contributed to by the Fiduciary Agent or any other party indemnified herein, including but limited to any breach, misfeasance, malfeasance, negligent or intentional acts of Sub - grantee, its officers, agents, or employees or its contractors or subcontractors, unless such loss is caused solely by the misfeasance, malfeasance, or negligence of the Fiduciary Agent, its officers, directors, employees or agents. Q. Confidentiality and Non - Disclosure: The Sub - grantee agrees to furnish the Fiduciary Agent with certain confidential information relating to the grant award. The Fiduciary Agent agrees to review, examine, inspect or obtain such confidential information only for the purposes described herein, and to otherwise hold confidential /proprietary information or trade secrets in trust and confidence. The Fiduciary Agent agrees not to disclose any such confidential information to any third party, except to the U.S, Government. —205— oration aI Procedu es Project f'nmpiementi►tio � Su ante agrees to irnplement s project within sixty' (60) days following the f a ttve date, ar this A e ment it ay� e subjeAto cancellation evict s tinpleme station' is to. -be reported with rt the first sixty:. days. B. ec unt g a eqtill* uh gtanteeagees t co rd all project cos ts iofh derala d m ch o e ty accepted f a con g :proed re epara e ccun nu sy , n must separate alb' ; project oasts fiom the Suh�tea a tither or en +e endit res Adequate ianiiiieritation foi alt rojee eosts both federal and inatchtng shaleblast be. 1V4taimi4 Federal Siltat duo .eta on must e early indicate that the funds ,upended vitere the F0,0 P x equate do umentiti o is 4640e4 in the Fiduciary Agent Purehasin Process dean ent attached to this Agreetuent as Exhibit l w tch i=s Lade a "park o�f this Agr ottialt. Pa n and V00. onof F 0d nds awaded are to be expended only r purposes and wow: ies cove d by the dub gr ,tee's Investment ifleation, and Budget. as: attached Ito project .loch (both feller and. atc'fi ng share) ,rnay r o be expeajde ;prior to the giant Al and staff date; project funds will `be . ade,available hro a a ireirhurseruent pro dt re as pravided.by th Fiduciaty ent's'poii y:and.p .eed ' per Exhibit D, No .pay's ent o funds shall be made to Sub-grantee during 00,140-1.04 of timewithin whkh S.0 gr*nteeas lit default oiir tiling airy i r erivational '' than eiai rep'orts:required by fhe F crnr Ag+ t , ll aims for r `imbur er t- it mast bey uccnriapanied: wit • copies of all, supportingdocumei tation (t time:: sheets, praof:ofpa ent travel :vouchers, invoices, tc, }. Claims for reimbursement should be submitted: as ai urr &d. Payments wilt be adjusted to correct previous overpdyment.and is o ees _or underpayments resulting from.audit. grant a ar enee of D. Grant Adjustments. The Sub- :grantee must obtain prior written ;approval from the LIShCG t OTP and FEMA for in =,tor project.clianges. These.iirciudei hutar'e:not limited to (a ) cban s of sus stance, in project activities, Osigris., or research puns Nt.forth : in the appr`oved'applieation; ) changes or deviations which might alter the project scope or intent; t) Changes in the project x director and /or trey professional personnel identified in -the approved applicati i (d) changes in the approved budget with the e eeptiori.of those change permittedi n accordance wi h theprovistoris atoll liter tli , seotieinx and (441%04 in the length ofthe ggug period. Equipment not included in the approved budget may not be purchased withoui,prior* approval o f the USCG COTP and FEMA, The Sub , grantee;,may- deviate from quantities of equipment items in, the approved budget;as long as the total do lar amount of the equipment budgeted is i'not:exceeded; provided w i itte .notification is submitted to the Fiduciary Agent )3:otli the Fiduciary Agent and the Stilnrantee shall, maintain this notification in the voice!, f'lc Sub- grantees may not add to the specified equipment list without prior. approval, of FFMA .Ln ess the total dollar amount ofthe equipment budgeted not exceeded.: —206— E. Procurement Standards, Procedures and Reimbursement: Sub- grantees shall adhere to and use the Fiduciary Agent Purchasing Process, Exhibit D. F. Monitoring: Sub - grantee agrees to allow the Fiduciary Agent reasonable access to the grant project for the purposes of monitoring programmatic progress and the financial and aspects of the grant award to ensure that project objectives are met and funds are spent and accounted for properly. Access must include inspection of financial and program reports, site- visits, teleconferences and/or such other means necessary for the Fiduciary Agent to carry out it monitoring obligations. —207— IV. Termination of Grant This Agreement will terminate upon completion of the project or August 31, 20I4, whichever is earlier. A. This grant may be terminated or fund payments suspended by the Fiduciary Agent where there is a failure to comply with the terms and conditions of: 1. the grant application form and attachments; 2. the grant award contract; 3. any state or federal law to which compliance is required; 4. an audit report which includes audit exceptions not answered to the satisfaction of the Fiduciary Agent. B. Upon such finding, the Fiduciary Agent shall notify the Sub - grantee in writing to correct any deficiencies found. If said deficiencies are not corrected within twenty (20) days, the Fiduciary Agent will suspend or cancel the grant application after furnishing written notice to the Sub-grantee, C. This Agreement may be terminated by the Sub - grantee in the event there is a failure of the Fiduciary Agent to perform any of its obligations under this Agreement. D. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not Iimited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. —208— V. Conflict of Interest: Personnel and other officials connected with this grant shall adhere to the requirements given below: A. Advice: No individual, public official, or employee of a state or unit of local government or of nongovernmental grantees /Sub- grantees shall participate personally through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which these funds are used, where to his knowledge he or his immediate family, partners, organization other than a public agency in which he is serving as officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. B. Appearance: In the use of these grant funds, officials or employees of state or local units of government and nongovernmental grantees /Sub- grantees shall avoid any action which might result in, or create the appearance of: 1. using his or her official position for private gain; 2. giving preferential treatment to any person; 3. losing complete independence or impartiality; 4. making an official decision outside official channels; or 5. affecting adversely the confidence of the public in the integrity of the government or the program. -209- VI. Products/Income from Grants A. Copyrights: Except as otherwise provided in the terms and conditions of this Agreement, the Sub - grantee or a contractor paid through this grant is free to copyright any books, publications or other copyrightable materials developed in the course of or under this grant. However, the federal awarding agency reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: 1. the copyright in any work developed under this grant or through a contract under this grant; and, 2. any rights of copyright to which a Sub - grantee or subcontractor purchases ownership of with grant support. The Federal government's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. Any royalties received from copyrights and patents during the grant period may be retained by the Sub - grantee. B. Publications: The Sub - grantee may publish, at its own expense, the results of grant activity without prior review by the Fiduciary Agent provided that any publication (written, oral, or visual) contains an acknowledgement of Port Security Grant Program support. The Sub - grantee agrees that any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the Sub - grantee describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by FY 2011 Infrastructure Protection Program: Port Security Grant Program, awarded by the Federal Emergency Management Agency, U.S. Department of Homeland Security," C. Program Income: All program income generated by this grant during the project period must be reported to the Fiduciary Agent following the month earned and must be put back into the project to be used to reduce the federal participation in the program in accordance with OMB Circular A -110. -210- As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above conditions. Signature of the Authorizing Official Date Ordinance appropriating $244,302 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $244,302 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the police department. - SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: April 12, 2012 T. Trisha Dang Assistant City Attorney For 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: liwe, 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 -213- L AGENDA. MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 05115/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsacctexas.com 361- 886 -2603 Motion approving the purchase of a Mobile Interoperable Communications Vehicle CAPTION: Motion approving the purchase of a Mobile Interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing Agreement with the State of Texas for a total amount of $229,814. Funds are available through the Port Security Grant Program (PSGP). BACKGROUND AND FINDINGS: The Corpus Christi Police Department, MetroCom will be the operator of the vehicle for response to weather, Fire, Police or terrorist emergencies within the twelve county Council of Governments region including the Port of Corpus Christi. The vehicle will support equipment and personnel required for field interoperable communications between agencies in the event or any communications center failure. It will house the field response interoperable radio system and mobile six position dispatch facility for the region. ALTERNATIVES: None OTHER CONSIDERATIONS: None 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: Finance -- Grants management —221— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only} Current Year Future Years TOTALS Line Item Budget $244,302 $244,302 Encumbered / Expended Amount This item $229,814 $229,814 $14,488 BALANCE $14,488 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Quotation AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: April 17, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a,cctexas. co m 361 -826 -7205 Accepting the 2012 Diabetes Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State. Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. B. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. BACKGROUND AND FINDINGS: This is a renewal grant that has been provided to the City, for the benefit of the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. The grant provides for one full time program coordinator and a part -time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. No matching funds are required. ALTERNATIVES: Discontinue diabetes education OTHER CONSIDERATIONS: None —225— CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital © 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 $80,000 _ $80,000 BALANCE . $80,000 $80,000 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Contract Resolution authorizing the . City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management .services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of March 30, 2012. ATTEST: CITY OF CORPUS. CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0022_ 2_ 073250d549a1 -441e- abl8- 60883ee9b42c Page 1 of 2 -227- Corpus Christi, Texas day of , 2012 The above resolution 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 0022_ 2_ 073250d5- f9a1- 441e- ab18- 50883ee9b42c 2 —228— .I:flNtoF sUrtkmautuRvfas., This contract, number 2012-040801 (Contract), is entered WO by and between the DepartMent Of State ffealth Services (DSOS or the'DePartMent), an agency oftheStateofTeXa5i and triv OF CORPUS CHRISTI (Contractor), a Government (collectively,:: the Parties). 1, Purpose: the toilttatt., DSHS agrees to purchase, asd CentraCtor . agreeS to setVides,Of goods:to-the eligible populations as described in thePrograin Attachments; 2. Total Amount of Contract and Payment: Method(s). The total attaikuit of this Contract is $80110400: and the payment method(0 shall heis . specified in the Program Attachments. 3. Fund1n Obligati-Om This Contract is contingent upon the continued availability Offunding. If hid* become .unavailable , tht9•gh .1a4. of appropriations, budget cuts, ttangg, of finds between programs or health and human services agencies, .aMendment to the APPrbP44100 Mt!. health Oditil*Ah services agency consolidation, or .any other disruptions ofurreut .appropited funding:fordis Contract, D$118 may restrict, reduce, or terminate funding under this Cbritract. 4, Terns of the This Contract begins on 03130/2012 and ends on 03491201,3. DSUS has the option, in its sole discretion, to- renew the Contract as provided in each '.Progark Atto-,4not.. pstis.i-not responsible forpayment.-under thi Contract before both patties have signed the Contract or before the start date of the Contract, whichever is later. 5. Atithorttli.. DS.Fig enters into this Contract under the authority of Hearth and. Safety Code, Chapter 1001. 6. Documents Forme etaitttict. The Ciontract consists of the following: a. CO= Contract (this document) b. Program Attachments:. 2012-040801-M Diabetes - Community Diabetes Project Health Departments c. 'General ProviSions (Sub-recipient) d. :Solicitation DOptinittit( ), and e, :Contractor's response(s) to the Soliditation Document(s). f. Exhthits Any changes .thade to the Contract, whether by edit or attaohment, do not form part of the Contract unless vtpresSly agreed to in writing by TABS and Contractor and incorporated herein. 9*8-± —229— 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then. Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Aftreement.. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756. City, State, Zip (512) 458 -7470 Bob.Burnette@dshs,state.tx.us 9z648 -1 Telephone Number E -mail Address for Official Correspondence - 230- Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant in the amount of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. 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 Joe Adame Mayor 0023 2 f7eccd44- 34d3.4e70- b6ab- 33cf090211f3 Page 1 of 2 -- —231— 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, 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 0023_2 f7eccd44- 34d3- 4e70- b6ab- 33cf090211f3 Page 2 of 2 —232— AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Development Services Department markw @cctexas.com 4/24/2012 Request for a deferment agreement on the required wastewater line improvements for Saxet Industrial, Block 2, Lot 1 (1026 S. Navigation Boulevard) CAPTION: Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. BACKGROUND AND FINDINGS: Thomas Davis, developer of a proposed industrial complex, has submitted document for a Deferment Agreement requesting the City to waive the requirement for construction of wastewater improvements to be seventy -five percent (75 %) complete before the final plat of Saxet Industrial, Block 1, Lot 2 is signed and recorded. The Developer has requested expediting recordation of the plat to meet the proposed development time schedule. The City Council is requested to determine reasonable cause to delay the seventy -five (75 %) completion requirement, as provided in the Unified Development Code Section 8.1.10.B, subject to the submission of a Letter of Credit equal to 110 percent of the required improvements. ALTERNATIVES: Denial of the requested deferment agreement and require the developer to construct the required improvements prior to the recording of the plat. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY The requested deferment agreement is consistent with Section 8.1.10.E of the Unified Development Code. -239- City Council Executive Summary Saxet Industrial, Block 2, Lot 1 Page 2 EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Department of Finance has reviewed the Letter of Credit and has found it to be acceptable. 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 unatsl: Comments: RECOMMENDATION: On March 14, 2012, the Planning Commission recommended that the City Council approve the requested deferment agreement subject to an acceptable form of financial security equal to 110 percent of the required improvements. LIST OF SUPPORTING DOCUMENTS: Deferment Agreement C:IPROGRAM FILESI GRANICUS SLEGISTAR5SPACKET1940_CITY COUNCIL 5 8_20 1 210 0 24_1 0fd 64061- 2, faa- 4b62- ad8O- cd39a8c43a02.dacx -240- Deferment Agreement Between Thomas Davis and City Page 1 of 5 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Thomas Davis, (hereinafter "Developer "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of Saxet Industrial, Block 2, Lot 1 (the "plat"), which was recommended by the Planning Commission on February 15, 2012. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section 8.1.11, of the Unified Development Code. to construct seventy -five percent (75%) of the required improvements, before the final . plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, and further, on March 14, 2012, the Planning Commission made a finding that there exists probable cause to delay the completion of public improvements, in accordance with 8.1.10.E of the Unified Development Code; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section 8.1.11 of the Unified Development Code; WHEREAS, the Developer will deposit, with the City, an irrevocable letter of credit in, the amount of Forty -Nine Thousand Nine Hundred Seventy -Eight Dollars and 50/100 ($49,978.50), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has completed all other subdivision requirements, park dedications, park deferment agreements, and maintenance agreements and all special covenants; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section 8.1.10.B. of the Unified Development Code; C:LDOCUMENTS AND SEiTINGSIMFHILOCAL sETTINGSITEMPORARY INTERNET FILES ICONTENT. OLITLCOKIYIULJRUTIDEFERMENTAGREEMENT SAAXET INDUSTRIAL LEGAL D4oE2Dt2.DOC -241- Deferment Agreement Between Thomas Davis and City Page 2 of 5 NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement, 2. The Developer agrees to deposit Forty -Nine Thousand Nine Hundred Seventy - Eight Dollars and 50/100 ($49,978.50), in the form of an irrevocable letter of credit issued by a bank with offices in Corpus Christi, TX, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3, which is attached to and incorporated into this Agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The form of the letter of credit must be approved by the City's Director of Financial Services, 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by Developer within one (1) year from the date of this Agreement,.or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Thomas Davis P.O. Box 248 Corpus Christi, TX 78403 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. if the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 9 below, the City will transfer the money received, including C; DOCUMENTS AND SETT1NGS1MFh LOCAL SETTINGSITEMPORARY INTERNET FILESICONTENT.0UTLOO AULiRUTTIEFE MENTAGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC -242- Deferment Agreement Between Thomas Davis and City Page 3 of 5 any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, .return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (80) days of the completion of construction of the wastewater improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 9. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional financial security when the City Engineer deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. C:4DOCUMENTS AND SETrING31MFT-ILOCAL SETrING&iTEMPORARY [NTERNEr FILMIC 0NTENT.OUTLOOK LINUTIDEFERMENTAGREEMENT$AXET INDUSTf1FAL LEGAL G4082012DOC —243— Deferment Agreement Between Thomas Davis and City Page 4 of 5 13. Unless otherwise stated .herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 15. The Developer further agrees, in compliance with the City of Corpus Christi. Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4, 16. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN Triplicate originals this* lel day of Pk? c. 2012, By: THE STATE OF TEXAS § COUNTY OF NUECES § DEVELOPER: Thomas Davis PO Box 24 Corp Asti, ,,,,:.°3 Adore/ s Davis This instrument was acknowledged before me on Qr -, n , 2012, by Thomas Davis of Texas 'F, '817grb XAVIERAALVAN Is4Y COMMISSION EXPINEs Februsiy1,2013 1� C;1Oc CUMENTS AND SEfTINGS4MFFRLOCAL sETTINGSITEMPORARY INTERNET FILESICONTEHT .OUTLOOKIYIUURLmDEFERMENT AGREEMENT SAXET INDUSTRIAL LEGAL D4D32012,DOC —244— Deferment Agreement Between Thomas Davis and City Page 5 of 5 CITY OF CORPUS CHRISTI ("City') P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (381) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary Toby Futrell Interim Assistant City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Armando Chapa, City Secretary, for the City Of Corpus Christi,, a Texas municipal corporation, an behalf of the corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Toby Futrell, Interim Assistant City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This /GTti day of i pg 1 [. 2012, Carlos Valdez, City Attorney BY: rK Lilia K. Castro Assistant City Attorney For the City Attorney C:IDOCUMENTS AND SETTINGSIMFNILOCAL SETTINGSSTEMPORARY INTERNET FILESICONTENtOUTLOO flYIULJRUTIDEFERMENTAGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC -245— EXHIBIT I -246- EXHIBIT 2 -247- Eng: Mutt Hudson, P.E. By: C.R.R. Sanitary Sewer Extension for LOT 1, BLOCK 2 SAXET INDUSTRIAL SUBDIVISION Jan. 27, 2012 Job No. 23241.82.00 ITEM . DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL J 6% PRICE. COST SANITARY SEWER IMPROVEMENTS: 1 6" PVC (6-8' Cut) 113 119 LF $26.00 $3,094.00 2 8" PVC (6' -8' Cut) 45 47 LF $30.00 $1,410.00 $12,816.00 $783.00 3 8" PVC (8' -10' Cut) 339 356 LF $36.00 4 OSHA Trench Protection 497 522 LF $1.50 5 Embedment 497 522 LF • . $15.00 $7,830.00_ $3,500.00 $1,000.00 6 4' Diameter Manhole (6-8' Deep) 1 1 ER $3,500.00 $1,000.00 $1,850.00 7 Cleanout 1 1 EA 8 Pavement Repair . 1 1 LS $1,850.00 9 Driveway Bore 49 51 LF $65.00 $3,315.00 10 ,Tie to Existing Manhole 1 1 LS $750.00 $750.00 SANITARY SCR SUB- TOTAL: $36,348 .00, Bonding, Insurance and Contingency: $5,45220 Engineering Fee, Survey�ngan Administration; $3,634.80) d TOTAL EST1MIATED IMPROVEMENTS COSTS: $46,435.00 ., Urban Engineering 2725 Swankier Corpus Christi, TX 78404 1- 361 - 854-3101 EXHIBIT 3 -248- 1of1 ' X ` AO VLIER SIONEED NUMBER T CIrY ,• i'IIRCt1ASING DIVISION Chr" CITY OP COUS CHRISTI_ DISCLOSURE OF INTEREST us Christi. Ordinance 17112, as amended, requires all persons or firms seeking to do business to provide the following information. Every question must be answered: If the question is e answer with "NA". See reverse side for Filing Requirements, Certifications and COMPANY NAME: Thomas S. S Davis P. O. BOX: P.O: Box 24$ STREET ADDRESS: CITY: Corpus Christi ZIP: 7$403 FIRM IS: 1. Corporation 4 Association 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 NIA Job Title and City Department (if known) NiA 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 NIA. 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 "fire." Nam a Board, Commission or Con3tnitteo NIA... 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 Consultant h1t�4 :: NIA JAN 2 7 2012 —249— RILrNG REQUIREMENTS Ifa person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action Will have on members of the public in general or a substantial segment thereof; you shall disclose that fact in a signed writing to the CitY official:, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in. the Matter is apparent. The disclosure shall also be made in a signed writing filed With the City, Secretary. [Ethics Ordinance Section 2 -319 Od)] CERTIFICATION i certify that all information provided is true and correct as of the date of this statement, that z 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. Person: erson , .... r , t' 1,14-1 Tlx: Signature of Certifying Person: a. "Board member." A . member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. `Economic 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 from its effect on members of the public in general or a substantial segment thereof. "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 a product or service, including but not limited to, entities operated in the form of sole proprietorship, as selfemployed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "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. f. "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" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "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, —250— AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 15, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361 -826 -3246 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District in the amount of $238,496.10. (Northeast corner of Wooldridge Road & Ennis Joslin Road) CAPTION: Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD — Southside Middle School Tract, in the amount of $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Corpus Christi Independent School District (CCISD), is proposing to construct a middle school on a tract of land located at the northeast corner of Wooldridge Road and Ennis Joslin Road. CCISD is platting the property in order to obtain building permits. As a requirement of the plat, CCISD will be dedicating the right-of-way for Ennis Joslin Road, building a 40 -foot back of curb to back of curb paved section for Ennis Joslin Road and constructing the Ennis Joslin Bridge of Master Ditch 29. The Unified Development Code (UDC) requires the developer to pay their half of the bridge over a ditch with a bottom width of 15 feet. Master Ditch 29 has a bottom width of 32 feet. Therefore the City is responsible for the remaining 17 feet. Since CCISD owns only the south side of the ditch, they are only responsible for 7.5 feet or 23% of the bridge construction. Since the north side of the ditch has not been platted, the City will participate on those 7.5 feet plus the remaining 17 feet or 77% of the bridge construction. The Urban Transportation Plan designates Ennis Joslin Road between Holly Road and Wooldridge Road as an "A2" arterial requiring 100 feet of right -of -way and a paved section of 70 feet from curb to curb with a median. The UDC requires the developer to build up to a residential collector which 40 feet from curb to curb. Since the developer will construct the bridge, staff has requested that the bridge be constructed to its ultimate width. This will reduce the amount of bridge reconstruction required when Ennis Joslin Road is built to its ultimate pavement width. The developer, CCISD, will be responsible for $43,658.00 and the City's portion will be $238,496.10 which includes the remaining 24.5 feet bottom width for the bridge, the over -size of the bridge and the additional roadway to connect the Ennis Joslin Road existing pavement north of the bridge to the bridge. —253— ALTERNATIVES: • Denial of the Participation Agreement. • Require enough bridge construction for a 40 -foot wide paved section. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The proposed bridge and abutting rights -of -way are consistent with the adopted Urban Transportation Plan. EMERGENCY / NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services has reviewed the proposed width of the bridge and is in agreement with the proposal. The Department of Engineering Services, Finance & Resource Management Division, has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item, and has verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 (1,935,558.52) Encumbered 1 Expended Amount 1,935,558.52 This item $238,496 _ (238,496.00) FBALANCE _ 313,141.48 ($87,196) _ 225,945.48 s): Street uon Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $225,945.48 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CIP's release. RECOMMENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with CCISD for the construction of the Ennis Joslin Road bridge construction and road c:\Program Files \Granicus\Legistar5\Packet1940 _City Council_5_8_20I210025 1 63 a 1 67f2-d7bc- 4573 -bceb- a658f3cc5b2e.docx ` — —254— improvements not to exceed $238,496.10. LIST OF SUPPORTING DOCUMENTS: Participation Agreement c:\Program Files \Granicus\Legistar5\Packet1940 _City Council_5_8 201210025_1_63 a167f2-d7bc- 4573 -bceb- a658f3cc5b2e.docx —255— Participation Agreement Between CCISD and City Page 1 of 5 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS PARTICIPATION AGREEMENT (hereinafter "Agreement") is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277 (the "City ") and Corpus Christi Independent School District, 801 Leopard Street, Corpus Christi, Texas 78403, hereinafter referred to as "Owner ", WHEREAS, the Owner owns certain real property located in Nueces County, Texas, being 36.469 acres out of Lots 9 and 10, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat, Exhibit 1 (attached and incorporated), and Owner desires to plat the Property designated on Exhibit 1 as Lot 1, Block 1, CCISD — Southside Middle School Tract, hereinafter referred to as "flat "; and WHEREAS, as a condition of the Plat, Owner is required to extend and construct Ennis Joslin Road from its existing terminus, approximately one hundred sixty (160) feet north of Master Ditch 29, south to Master Ditch 29 and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2 (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by Owner in conjunction with the Owner's final plat; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with an Owner of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement complies with Texas Local Government Code § 212.071 et seq. and the Unified Development Code, Section 8,4,1 (A). NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Owner agree as follows: Subject to the terms of this Agreement and the Plat, Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. —256— Participation Agreement Between CCISD and City Page 2 of 5 The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension Exhibit 3 (attached and incorporated) (the "Cost Estimate"). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the bridge improvements. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the bridge . improvements plus the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate. Notwithstanding any other provision of this Agreement, the total that the City shall pay for the City's agreed share of the costs of the Roadway Extension and bridge construction shall not exceed $238,496.10. The City shall reimburse the Owner the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed, upon receipt of Owner's invoice for the work performed. Such reimbursement shall be made payable to: D. Scott Eliff Superintendent of Schools Corpus Christi Independent School District 801 Leopard Street Corpus Christi, Texas 78403 The invoices must be paid no later than thirty (30) days from the date of the Owner's invoice. Owner shall submit all required performance bonds and proof of required insurance in accordance with applicable laws. Owner shall submit standard contract documents for review and approval. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify Owner of any defect, deficiency or other non - approved condition in the progress of the Roadway Extension. In accordance with Section 212.073, Texas Local Government Code, Owner shall cause the construction contractor that Owner engages to construct the Roadway Extension to execute a performance bond for the construction of the Roadway Construction improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED —257— Participation Agreement Between CCXSD and City Page 3 of 5 BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ENNIS JOSLIN ROAD AND BRIDGE CONSTRUCTION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED" BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, . DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 4 (attached and incorporated). This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner from and after the date that all original copies have been executed by all signatories. E EC''MD ih triplicate origin* ignatures Art f mi or Pages 4 and thy of Nrttoip4 }Dn Agr 1 Bove* CCIDa4 I?ag 4 o 5 o Christ Indep011derit Sehao p str Pt `*Owner" Superinterndent. of Sehoois, Carpus Cheigtt Inde'Pbrdetit School District -THE STATE OF TEXAS § COUNTY [ ' i tl S § This instrument. was acknowledged before me O Scott Eli ff Srperintendert,ofSchoolg, .Corpus Cbd Approved 410 Legal Form. Uener ur,sql foi CC *JAI' Date:` 2014, by O. ndent $40,01:01$010t. I 1 ARII l? :GQ$ LEZ SATE OF TEXAS Nky Gout, 49.2 1. ATTEST: Die 464 CPiistibution xmaztdo Chan Gay Seeretaty S ` TE C ?TEXAS Botwe0 000 **CA P4 5?i CM: CC✓H % ,z 977. ans 04.x, Texas 7846 iepiane', 361) E$C 35 O F`a,04iic 61) ,'$0,35Q1. ka ►aid L. gist? City Manager this stst tment. WO signed bse, ,'mando Chapa, City. Secretary, for- the City of Cc us Cbristi, Texas,;;artd acknowledged beim -ine on-:fie day of, Notary.Pubhck State Of'Texa THE ST:ATEOF TEXAS CO `I`Y— NVECES. This instrument was sigt ed by Ronald Olsen, C ty Tina anger: fdt the City of Corpus Christi; Texas, aud .01610400d fog in id i the day of latarxy t hof State OfTeigat **.Mi-•t U(, itM#'l. *■11aIi468.1I■aiii" lima :#asra.■a.!!,s"=1ia.r!wrFs, ■aS ■■:tr ■r.rRs:'rw.r*I :04ARI, .AP'I.O' A; ` TQ PAS: This 4 of Oarlo - Valdez; City-Attorney Lila Cagtro, Ass of City A,Mtorr y Fcr° e City Attorney —260— 2012, P°°Y Pt $ Pisa ;BE it; 5 v^ in [g ana 0 T. v Vi 8s i Ii1 . II i !EPg ID DP g° e, =bag t r { t 7 ii J 2 . � ti 444 r 8 4 11; -1.c1 3 EXHIBIT 1 —261— pro mai '�" •Pw•tl ". 11 •+1•, MILL �IwU •u"G ,' ' � I- Y 161 a W1 H PPP /PM ++n pia 4R ' Y[ 1...Y'A'4 la Ifi HI 1 P PPM .I dal 3_t ` �` '•s 1 '4 rye PR I 31113 s ."L2.twrCew{,�� py qt tl I+ [' 1..� H: ",MPS 7 Y1 L_1 -.,y'� 1 +pS,PPy 4,..*::, - -,,s;-.5. y- 7- + -{l L06LZ.l,S '' +F 'y 1 aC 4 Rii �J SOB. €1� I tti ft,s, -ctz s6, 1 t 1 ,5i1 1„, 3 A rf§ f L 4 F► r °a' J1r .trr bra 4rp L ATI Ammo Mnt n- 416 PM x g ir alviaji Prrxre'H +d v.1' 'ti 1 1ti' «[w ii1''.}DNYO apin GPI• s4 � I I Iw il + , . .PHPio° _.E4 ra LJL4R2Lt t1__ Hu,yi ebS via V VA 4PLL ,�NaJ P, pow, P,+ oni nail vmpn Dm 3 9 L•onrrai ••••• PPP "w+P P wPCYtl -J It virgerr arg ¢g 1lM+4 xi 0•618 .142.,1 ea P-P a v, +i�0,M Ole MOW c6 WPPP In In In I Vier �f 919 2 EXHIBIT 1 -262- CO 11.30 11.39 S1SR 11.36 N 10.98 LAJ a. CZ 10.27 ER c■ 0 0 U .o EXHIBIT 2 -263- EXHIBIT 2 -264- Preliminary Bridge Construction Estimate April 4, 2012 CCISD SOUTHSIOE'MIDDLE SCHOOL TRACT ITEM DESCRIPTION QUAN. QUAN- + TOTAL w■■ ��■s COST $6,804.00 $5,604.00 $1,512.00 $6,930.00 $4056.00 $7,500.00 MIIIIIIMII■111=11■111■11M11111N BRIDGE ESTIMATE FOR THE ENNIS JOSLIN/DITCH Z9 11=111111111=1111111111111111 BRIDGE: —_r 504 ® $13.50 mu 2"HMAC Including Prime Coat 480 2 8" Crushed Limestone Base 48D 504 SY $13,50 Q 3" Crushed Limestone Base Under Curb 107 112 SY $13.50 4 ®8" 6 8" Lime Stabilized Su • • rade 660 693 JIM $10.00 'L' Curb MIMI 338 © $12,00 5' Tled Sidewalk • 1,680 1,784 SF 7 4- 854`x40' Box Culverts Headwalls 1 �© 240 1 � $57,500.00 EA .$20,000.00 252 MA $65.00 $57,500.00 $40,000.00 $21,420.00 82't,000.00 8 9 Handrails 10 Compacted Backfill - 1 —MINN IIMMUI LS $21,000.00 _ 1111111111=M11111111111 BRIDGE SUB - TOTAL: 4172,617.40 MI 11=1111 MOM $117,000 00 MIIIIIMINIIMINII=11•111111=111111111 $189,617.44 MI = BRIDGE HIIIMIIMIMIIIIIIIIIIIIIIIIIIIIIIMI REIMBURSEMENT SUMMARY: =MIN — —� arid. a Bottom Width 32'; Developer {ies • onsIbiiity 7.5' Each Side of Ditch. = Therefore: =MM Develo•er1=un&! 7.5!32x100 =23 %x$189,817.44 443,658.00 C Partici + anon" 24.5132 x 100 = 77% x $189,817.40 MN $T46,159.40 111111 OM C will have to fund north side • ro• =rt owner share of br until time as rt ma be =st ?•u•ad r° =o' - b:''•._ -� ___� MI ADDITIONAL 11111=111=1 MIME PAVING IMPROVEMENTS FOR 80' ENNIS JOSLIN NORTH OF DITCH: IIIIIIIIM $13.50 45,656 maw ® 2" HMAC lncludin r Prima Coat 399 419 SY 8" Crushed Limestone Base 399 MID SY $13.50 $5,656 50 © 3" Crushed Limestone Base Under Curb 34 c . ® $13.50 $486 00 4 8" Lime Stabilized Sub • ade 588 617 SY 410.00 46,170 00 ©6 "'L' Curb 206 mom LF $12.00 $2,592 00 8 5' Concrete Sidewalk 1 030 1,082 SF ' $3.85 $4165 70 11111111111111111 11=11111=1111 IENMMIIIIIIIIININMIIIIIIIIIMMM/ — - ENGINEERING, —IMIIIIIIMIIIIIIIIIIIIII� ENNIS JOSLIN SUB- TOTAL: $24 726 70 - - -=EMI STAKING & TESTING' $3,000.00 ENNIS JOSLIN PAVING TOTAL: 427,726 70 NM IMIIM _ - - MIMI Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1 -361- 854-3101 EXHIBIT 3 —265— 1 of 2 ITEM Preliminary Bridge Construction Estimate April 4, 2012 CCISD SDIJTHSIDE MIDDLE SCHOOL TRACT DESCRIPTION QUAN QUAN. f UNIT ADDITIONAL STREETAND BOX WIDTH TO f 2 HMAC Including Primo Coat 2 3 4 5 8" Crushed Limestone Base 5% PROVIDE ULTIMATE UNIT TOTAL PRICE COST WIDTH PER CITY DIRECTIVE: 124 130 SY 8" Lime Stabilized Subgrade 124 130 SY 4 -85:4' Box Culverts (Addl. 26` for lilt. 54' B-B St.) Compacted Backfill 124 130 SY 1 1 LS 1 1 LS $13.50 $1,755.00 $13.50 51,755.00 $10,00 $1,300.00 $40,250.00 $40,250.00 $13,650.00 _ $13,850.00 ADDITIONAL COST TO PROVIDE ULTIMATE WIDTH: $58,710.00 ENGINEERING, STAKING & TESTING: $5,900.00 ADDITIONAL STREETAND BOX COSTS TO REACH ULTIMATE WIDTH: $54,610.00 1 TOTAL ESTIMATED CITY PARTICIPATION INCLUDING ADDITIONAL COST ITEMS: $238,496.10 Urban Engineering 2725 Swantner Carpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 3 -266- 2 af 2 Ctiy otpus Christi ordirretrce 1711 %r asar etic ns or11rnts sesktryg to d4 l�at v k the liA ty t .pove #h ffitiow 9 inpIj, otes fu lior rnu 0-40, son0. otapl>tkabli uiwr w ffRBT NOM :: 'STREET: .,eopard: I Christ FIRM*, 0l. Porpotall,on u2..artnerrh0 saelalion 66: tf.ther Polittdail: 1ib1 i tbt PI$CLOSUREQU 1611A I addiha (s¢ace is tligoppiyi.owaip use 0rov reos(de,ot010: age or :ti chgeparate sheet,. 1.. State 0-0 named of a .ch "etriployea ":or the t of Cidtpitti Ghtrltyii ise�ving an 'P 'own rahjp� nter�asr tnstltutinl 3%. pr rnor-e bl` life oWnorshI 10 100 040 narodl :rfrm" Beta il# sad 011y- Papttliten! {If 1Iiiht0): 2. State the nerve Ho `eaetVofiidet° or .ttta Ott}' ar 0orpzia Christi hav1ne are ``awnersrilti illatest" conanititinti Mot ar more dfi t1`ie:oymerthlp In ttie abo ametl, Iltitit "� 'Warne Tilta iete iite " arr3es a> a Ct "4pt_roototi of he ty of oiorms Chrsi tyltg err pesllt nierst coslta r0 3% or moroof the. ownaralt[p lryttima4Otre-nameefleiniA 13th 1. /A B card, Commlaston, or cprt�thtiioe. t A. date the names of each emVtoyie ors otfiloar ofa 4consttltant "''Oita City of Corolla Christi Who worked bti an matt* related to the BubJe t $t this dontraa and hes an "oivrtertip Interest "`,.c?ntsl{leting 3ti or more:or fife owierahipin (he above named: "flan''; ;r a Contaant CERTIFICATE 1 certify that M infarrr,etion provided°, i irtie and cotseal as of the OW of this itaterrrent, that t hav� Tiot knowingly rttltitield d{selosuree of any {oformatian ,requested . and tat suppleatenlel state/nth will be pr hI liy subniltteir; to the .city of COITHACtiritttl, Texas [s the .9es eg rr Certifying;Peret re Brian Brad+ CAM —dig Ate * t'frae prPrirtt) $10natureofter(lMOVI ersatt EMIBL.T 4 —267— ille6 Nrecter forks.6 rasiik arotifstribmtrcn Date! /.: . • AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT ADA Curb Ramps City -wide 2012 AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to construct curb ramps for ADA compliance at various locations in the City of Corpus Christi. TXDOT plans to bid the project June 5, 2012 and start construction August 2012. They expect construction to be complete October 2013. The City is responsible for adjustment of utility valves and manhole covers associated with this ADA compliance project. As part of TXDOT's contract with the lowest bidder, the contractor will do the final adjustment of the sanitary sewer manholes, gas valves, and water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $17,473 for adjusting sanitary sewer manholes, gas valves and water valves at various locations on FM 43 (Weber Road), FM 2444 (Staples Street), SH 357 (Rodd Field Road), Park Road 22, SH 358 (South Padre Island Drive), SH 357 (Saratoga Boulevard), SH 286 (Crosstown Expressway) and SH 44 (Agnes Street), which are TXDOT on- system locations. The City of Corpus Christi contribution includes construction items and direct state costs, due upon full execution of the Advance Funding Agreement. C:SPRQGRAM FILES IGRANICUSILEGISTAR51PACKT1940 CITY COUNCIL 5_B 20124002&_1_OF1C114B- 4145 - 4570 -081A E461B57D7175.COCX —271— ALTERNATIVES: 1. Approve the Resolution for the Advance Funding Agreement which will allow TXDOT to proceed with the construction of the curb ramps for ADA Compliance. 2. Do not approve the Resolution for the Advance. Funding Agreement and adjust the utilities with City crews while closely coordinating with TXDOT's contractor. OTHER CONSIDERATIONS: This work is time sensitive because it is performed at the time the curb ramps and sidewalks are being formed up. The work has to be closely coordinated with the contractor because of concrete scheduling. TXDOT's contractor may have delays of work while waiting for City crews to adjust utilities which puts the City at risk. Due to the nature of construction and the high demand on City crews, the City may elect to contract the work which can be more costly to the City. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2008 -05 Bond Issue 2008 Projects; FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 16 Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,826,700.00 $2,826,700.00 Encumbered / Expended Amount This item $17,473.00 $17,473.00 BALANCE $2,809,227.00 $2,809,227.00 uncus): tree Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $17,473. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. C:IPROGRAM FILSIGRANICUSILEGISTAR5IPACKET1540 CITY COUNCIL 5_6 201210026_1 0F101143- 4145 -4570- 961A- E401967D7175,000X —272 -- LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement C:IPROGRAM FILES4GRANICUSILEGISTAR5IPP CKET1940 _CITY COUNCIL 5_6_201210026 1 OF1O1148 -4145-457D- B61A- E4B1967D7175.DOCX —273— \ Mproject\councilexhibits \exhE1202 7. dwg PROJECT #E1202T F.M. 43 FM 2444 QVF oy MEXICO LOCATION MAP NOT TO SCALE ADA Curb Ramps City -Wide 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 r' Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation ( TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOTs ADA Curb Ramps City -wide 2012. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: /'2' day of , 2012. 144491,14,‘ Veronica Ocanes Assistant City Attorney for City Attomey 042412 rasa (Oa manholes, gas valves, & water valves - txdot's ada curb ramps city -wide 2012 -275- • Corpus Christi, Texas 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 042412 reso afa manholes, gas valves, & water valves - ixdot's ada curb ramps city -wide 2012 —276— 4 STATE OF TEXAS § COUNTY OF TRAVIS . § CSJ # 0916 -00 -063 District # 16 — Corms Christi Code Chart 64 #09800. Project: Construct AD Rarn�s ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112237 authorizes the State to undertake and complete a highway improvement generally described as construct curb ramps for ADA compliance at various locations in Nueces County; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the Improvement described as adjusting manholes, water valves and gas valves, called the "Project"; and, WHEREAS, the State has determined that such participation is In the best interest of the citizens of the State; NOW THEREFORE, In consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed,- and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreementhas been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, AFA AFA VoITIP Page 1 of 5 —277— Revised 04/01/11 CSJ # 0916 -00 -063 District # 16 — Coroua Chris Code Chart 64 # 130 Project: Construct ADA Ramps Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At, least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the 'Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State In an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of.the other party and each party agrees it is responsible for its Individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document if requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month In the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA -AFA VofT1P Page 2 of 5 —278— Revised 04/01/11 CSJ # 0916 -00 -063 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct ADA Ramps 8, Inspection and Conduct of Work Unless otherwise speciticaliy stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and spedfications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State, 9. . Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in AttachmentA, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to pints or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total l expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specked in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner. 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or • 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement Is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. AFA -AFA Vo1TIP Page 3 of 5 Revised 04101/11 —279— CSJ # 0916 -00 -063 District # J6 — Corpus Christi Code Chart 64 # 4 8 0 Project: Construct ADA Ramps C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Govemment, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mall, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78441 State: Director of Contract Services Texas Department of Transportation 125 E. 111' Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mall and such request shall be honored and carded out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or Indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA AFA VoITlP Page 4 of 5 —280— Revised 04/01/11 ' 47,urange -,tOkaAraelittlt authc rig4ut te4tAtgbefore Nily.exedufed:V9 in.the.amounts tant1004-84000 on Sta %ate right of waViAl cop ctetWei LOW WM11'0-I sigitory Warranty: teoroseh 641the entaY warrants air tk Th1o,A0-Amort-14 OXE-On OCAL V14ENT sigtiatIke Typedof Printed Name rti netory, hat ft e State and PI. LOdal Government in. 1141**0. Date 'THE STATE OF TEXAS Cathy-T. Floyd, CPA *Oh litv.10h0 SOppgitgootorptrotor pate: Palto 0f5 -281- 4t00,a516-101 )00 PG.0444 Attort For qty 4tOtitkr fievt#K1641011.1A CSJ # 0916 -00 -063 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Ma»holes, Water Valves and Gas Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting manholes, water valves and gas valves at certain locations in the City of Corpus Christi, including construction items and direct state costs. The Local Government is responsible for any cost overruns. Description . Total Estimated Cost Federal Partici ation tate Participation Local Participation % Ost 4 Cost % 100% Cost Adjust manholes, water valves and gas valves (by State) $ 14,200.00 0% 0 % $0 $ 14,200.00 Construction Engineering (by State) $ 1,895.00 0% 0 0% $0 100% $ 1,895.00 Subtotal $ 16,095.00 $0 $0 '$ 16,095.00 Construction Direct State Costs $ 208.00 0% $0 0% $0 100% $ 208.00 Indirect State Costs (7.27 %) $ 1,170.00 0% $0 0% $0 100% $� $ 1,170.00 Subtotal $ 1,378.00 $0 $0 1,378.00 TOTAL $ 17,473.00 $0 $0 $ 17,473.00 Initial payment by the Local Govemment to the State: $0 Payment by the Local •Government to the State before construction: $ 17,473.00 Estimated total payment by the Local Government to the State $ 17,473.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA -AFA VoITIP Page 1 of 1 —282-- Attachment A AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37 AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with.the City's participation in the amount of $24,282. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project on FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37 (at the Lyondell plant entrance) and consists of constructing 1.6 miles of new FM road section from Haven Drive to three miles south of IH 37 and 1.4 miles of mill and overlay from IH 37 to Haven Drive. TXDOT plans to bid the project on May 3, 2012 and start construction on July 2, 2012. They expect construction to be complete in January 2013. The City is responsible for adjustment of utility valves and manhole covers associated with this project. As part of TXDOT's contract with the lowest bidder, the contractor will do the final adjustment of the sanitary sewer manholes, gas valves, and water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $24,282.00 for adjusting sanitary sewer manholes, gas valves, and water valves on FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, which is a TXDOT on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. C:IPROGRAM FILE5IGRAN1CU514 .EGISTAR5IPACIET1940_CITY COUNCIL _5 8_201210027_1 F87236H &9C83v188E- 8470- BFCECEB02908.DOCX —285— ALTERNATIVES: Approve the Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to the Transportation Improvement Project with no required match for manhole and valve adjustments during the construction of FM 3386 (McKinzie Road) from 1H37 to three miles south of IH 37. 2. Do not approve the Resolution and City utilities can adjust the sanitary manholes, gas valves, and water valves with City crews or a contractor which would require close coordination and flexibility of work schedules due to the nature of adjusting valves and the critical timing during construction in which the adjustments need to occur. OTHER CONSIDERATIONS: This work is time sensitive because it is performed at the time the pavement grade changes which can happen more than once during a project. The final adjustment is made at the time the contractor lays the final layer of asphalt which if not done concurrently, the valves and manholes get covered with asphalt and are difficult for the City utilities to locate for self adjustment. Due to the nature of construction and the high demand on City crews, it may require the City to contract the work which makes it difficult for the City to coordinate the schedule between the TXDOT contractor and a contractor hired by the City. It is also more costly to contract for a small amount of work which would require inclusion of mobilization costs while the TXDOT contractor is already mobilized. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY 1 NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP ( TXDOT Participation) Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $383,500 $3,387,800 $11,976,800 $15,748,100 Encumbered / Expended Amount 383,500 This item 24,282.00 24,282.00 15,723,818.00 BALANCE 0 3,363,518.00 Fund(s): Street Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $24,282. This is an estimate; and the final amount of the City's participation will be based on actual cost. C:IPRCGRAM FILESIGRANFCUS LEGI5TAR55PACKEll940_CITY COUNCIL_6 8_ 2 01 210 0 2 7_ 1_ F0723096. 9C63.46BE- 6470.6FCECE802908.DOCX —206— RECOMMENDATION: It is recommended to execute the Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves on FM 3386 (McKinzie Road) from IH 37 to three miles south of 1H 37. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement C:IPROGRAM FILESIGRANICUSSLEGISTAR5IPACKE11940 _C1TY COUNCIL 5_8 2012/0027 1_F8723f 398 - 9063 -0BHE- B470-BFCECE8132908.66CJC —287 -- \Mprojeci\ councilexhibifs \ exhEl 1 10 1. dwg PROJECT LOCATION FM 3386 (MCKINZ!E ROAD) LEGEND ® MILL AND OVERLAY NEW SECTION PROJECT # E11101 LOCATION MAP NOT TO SCALE FM 3386 (McKINZIE ROAD) FROM IH 37 TO THREE MILES SOUTH OF IH 37 CITY CORPUS CHRISTI, CDEPARTMENO E GINEERNG SERVICES PAGE: 1 of 1 M_ NW Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 ( McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI .toe Adams Mayor APPROVED AS TO LEGAL FORM: i th day of Veronica Ocanas Assistant City Attorney for City Attorney , 2012. 050812 reso aria manholes, gas valves, & water valves - ixdot's fm 3386 (mckinzie road) -289- Corpus Christi, Texas 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 050812 reso afa manholes, gas valves, & water valves - txdot's fin 3,386 (rnckinrle road) —290— CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes, Gas Valves & Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON -SYSTEM PROJECT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201; 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112696 authorizes the State to undertake and complete a highway improvement generally described as construct new FM road from Haven Dr. to three miles south of IH 37 (FM 3386) and mill and overlay from IH 37 to Haven Drive; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adjust manholes; gas valves and water valves on FM 3386 from 11-I 37 to three miles south of IH 37, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best Interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment AFA AFA VoITIP Page 1 oil 9 Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes, Gas Valves & Water Valves Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction . costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government In writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the 'Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by.appropriate personnel of the Local Government. 3. Right of Access If the Local Govemment is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the focal government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA AFA VoITIP Page 2 Of 92— Revised 04/01/11 CS] # 3364 -01 -010 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering Inspection and testing services as may be required to 'ensure that the Project is accomplished in accordance with the approved plans and specifications. AU correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specfcations approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Govemment's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11— Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, es, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner. 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or AFA AFA VoITIP Page 3 al 9 3— Revised 04/01/11 CSJ # 3364 - 01-010 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices AII notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, .unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party toihis agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this AFA -AFA VoITIP Page 4 of394- Revised 04/01/11 CSJ #3364-01-010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance if this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the .work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work, 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Cathy T. Floyd, CPA South Regional Support Center Director Date AFA AFA VoITIP asW 6/kih:tALI< Veranl :a °caves Assistant City Attomey - For City Attorney Page 5-820415— Revised 04/01 /11 CS] # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting manholes, gas valves and water valves on FM 3386 from 1H 37 to three miles south of 1H 37, which is an on- system location, including construction items and direct state costs. Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $ 24,282.00 Estimated total payment by the Local Government to the State $ 24,282.00 This is an estimate. The final amount of Local Government par icipation will be based on actual costs. AFA -AFA VofTIP Page 1 ofR 9 6— Attachment A CS.1 # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves &Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112696 authorizes the State to undertake and complete a highway improvement generally described as construct new FM road from Haven Dr. to three miles south of IH 37 (FM 3386) and mill and overlay from IH 37 to Haven Drive; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adjust manholes, gas valves and water valves on FM 3386 from 1H 37 to three miles south of IH 37, called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment AFA -AFA VoITIP Page-12c51- age 12 1— Revised 04/01/11 CS] # 3364 -01 -010 ' District # 16 Corpus Christi Code Chart 64 # 09800 Project; Adjust Manholes. Gas Valves & Water Valves Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA -AFA VoITIP Pagrc$— Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adiust Manholes. Gas Valves & Water Valves 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days otthe written notification, unless - otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the . total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or AFA -AFA VoITIP Page g & Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09$00 Project: Adjust Manholes. Gas Valves & Water Valves 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this AFA- AFA�Vo1TEP Page # 0— Revised 04/01/11 tdriird'o00,4$ accep IegisIatve audit comm, to any the 11, itigurg###: agreemeptE . heforE cop, coverage in the a itios workingon State ri SWA.--0.0t'AtVitkb-,:t0 00eirtro0401y,* • if0.ctiorpotiThor with those -, auditor wi.th acoess a- oh' zesthe Lc ginning w ,. .. .. ._ -.Governmntor itw404teautortp,:portemo ar :0 entity - '' fila the , 401 shall provide 158OCertiflcate , . 41.11 urance verfl'ying :'-: A pecifled on tlie Certiflcateof iti.§1417.4* 1 , - . is i -gr-O ltlAitiOctlal . s .., ..... ..„.„......,„,_ :.._ coverage , Itimar, Ainecit,,al :-work on State r fmay re.'-xief darnages and ''At ogigt4-4:- ---1,400 151WPWrWattai#0 ch signatory warrants-that-the 410nati,01- has necessary authority to Bxecute this are ktivalfaffie dritAprea'entetl. " THIS AGREEMENT iS‘ EXECUTED by the State arid the Local Governmeritln duplicate, THE-1LOCAL GOVERNMENT :TVP or Pririted Name Title Data THE STATE OF TexAS Cathy ‘ T. Floyd, 0PA South Regional Support Center Director Data hA,k4 yohip Page . tags- ViitirM,P0-1* islOtatt Gdy AprneY fir0 -motto CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adiust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting manholes, gas valves and water valves on FM 3386 from 111 37 to three miles south of IH 37, which is an on- system location, including construction items and direct state costs. Description Total Estimated Cost Federal Participation tate Participationlocal Participation % Cost 4 _ Cost % Cost Adjust Manholes and Water Valves (by State) $ 19,900.00 0% $0 % $0 100% $19,900. 0 Construction Engineering (by State) $ 2,482.00 0% $0 0% $0 100% $ 2,482.00 Subtotal $ 22,382.00 $0 $0 $ 22,382.00 Construction Direct State Costs (1.54 %) $ 273.00 0% $0 0% $0 100% $ 273.00 Indirect State Costs (7.27 %) $ 1,627.00 0% $0 0% $ 100% $ 1,627.00 Subtotal $ 1,900.00 $0 $0 $ 1,900.00 'TOTAL -$ 24,282.00 $0 $0 $ 24,282.00 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State.before construction: $ 24,282.00 Estimated total payment by the Local Government to the State $ 24,282.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA- AFA_VoITIP Page &lf21W Attachment A AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/16/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826 -3729 DISCOVER DOWNTOWN MUSIC AND FILM FESTIVAL 2012 CAPTION: Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the Discover Downtown Music and Film Festival to take place Friday, May 18, 2012 and Saturday, May 19, 2012. The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. BACKGROUND AND FINDINGS: Discover Downtown Music and Film Festival is the first of its kind is Corpus Christi. The event will feature outdoor music concerts, film, and variety of activities for families to enjoy. The Discover Downtown Music and Film will help boost revenues for the Corpus Christi Association of Realtors "Walk with Pride" event, benefiting Corpus Christi's children. Although Moondogger Productions is requesting the street closure of north bound and south bound Shoreline between Buford Street and Coopers Alley, City Traffic Engineering staff recommends the closure on south bound Shoreline between Kinney Street and Furman Avenue and northbound Shoreline closure to remain between Buford Street and Coppers Alley. The road closure will coincide with the Beach to Bay road closures and the same traffic control plan will be used for both events. Event coordinators for the Discover Downtown Music and Film Festival will be working with the Corpus Christi Road Runners to have two successful events consecutively. Traffic Control set up will begin on Friday, May 18th at 3:00 p.m. to allow for event set up. —305— ALTERNATIVES: NIA OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Sec. 49 -17 EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None 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 . Check Reimbursement This item BALANCE : General Funds Comments: RECOMMENDATION: City Staff recommends the approval. from Moondogger Productions for the Discover Downtown Music and Film Festival, pending insurance. LIST OF SUPPORTING DOCUMENTS: Location Maps Application 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 COOPERS ALLEY N SCALE: N.T.S. TEMPORARY STREET CLOSURE FOR DISCOVER DOWNTOWN MUSIC & FILM FESTIVAL - 2012 ® - STREET CLOSURE SUBJECT: TEMPORARY STREET CLOSURE DISCOVER DOWNTOWN MUSIC & FILM FESTIVAL - 2012 MAY 18, & MAY 19, 2012 -307 -- - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Execute Construction Contract McBride Lift Station Force Main Replacement AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the McBride Lift Station Force Main Replacement Project. . BACKGROUND AND FINDINGS: The proposed project is funded through FY 2011 -2012 Wastewater Capital Budget & Capital Improvement Planning Guide. The contract has bid and City Council approval is required for construction to commence. The project consists of replacing the McBride Lift Station Force Main with approximately 2,500 feet of 18 -inch force main to include horizontal micro tunneling within Texas Department of Transportation (TXDOT) right -of -way. The limits of the force main will begin at the location of the existing lift station and end at approximately Erin Drive. On March 14, 2012, the City received proposals from five (5) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Bridges Specialties, Inc. Sandia, Texas $1,593,083.32 Huff & Mitchell, Inc. Cypress, Texas $1,867,645.00 Gin -Spen, Inc. $1,897,990.54 C: IPROGRAMFILESIGRANIC4JSLEGISTAR5IPACKET4940 CITYCOUNICIL_5 8_2D1210029_1_1371BIDO -1058 - 4969 -966F- 90C94A351F5A.DOCX —311— Kennedale, Texas Project to Date Expenditures (CIP only) Jhabores Construction Company Corpus Christi, Texas - $1,918,521.00 McAllen Construction, Inc. McAIIen, Texas $2,590,747.50 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Arcadis U. S., Inc., conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Bridges Specialties, Inc. of Sandia, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Bridges Specialties, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Capital improvement Planning (CEP) Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget $1,750,000.00 $1,746,800.00 $3,496,800.00 $469,800.00 Encumbered / Expended Amount $469,800.00 This item $1,593,083.32 $1,593,083.32 BALANCE _ Wastewater CIP Comments: The project requires 200 calendar days, with anticipated completion approximately January 2013. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and Arcadis U. S., Inc. recommend that the construction contract be awarded to Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: C :\PROGRAM FILES4GRANICUS \LEGISTAR5 \PACKET\940CITY COUNCIL_5_8 201210029_1_73 71 B 1 D 0 -1058 -4969 -966F- 90C94A351F'5A.DOCX —312— Project Budget Location Map C:IPROGRAMFfLEsieR NICU5ILEGISTAR5lPACKET1940 CITY COUNCIL 5 8 2x210029 1 7371B1DO -1050- 4969 -966 - 90C94A351F'5A.DOCX -313- PROJECT BUDGET McBRIDE LIFT STATION FORCE MAIN REPLACEMENT Project No. 7287 May 8, 2012 FUNDS AVAILABLE: Wastewater CIP $2,296,219.69 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) Base Bid $1,593,083.32 Contingencies (10%) 159,308.33 Consultant Fees: Consultant Design (Arcadis U. S., Inc.) * 361,626.00 Construction Observation Services ** 55,757.92 Construction Materials Testing (Rock Engineering & Testing Laboratory) 18,911.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 43,809.79 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 55,757.92 Misc. (Printing, Advertising, etc.) 7,965.42 TOTAL $2,296,219.69 SHORT $0.00 * Consultant Design Contract awarded on November 11, 2003 (Motion No. M2003-400). ** Construction Observation Services is not included in Arcadis U. S., Inc.'s consultant contract; and will be performed in-house. -314- GE loft AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/10/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Ayers Municipal Service Center Fuel Station Renovation for the Base Bid plus Additive Alternate 1 CAPTION: A. Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. B. Motion Authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. PURPOSE: To provide funding for the Ayers Municipal Service Center Fuel Station Renovation by appropriating from the Maintenance Services Unreserved Fund Balance and to approve a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. BACKGROUND AND FINDINGS: The base bid for this project includes the replacement of existing gasoline fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for all fuel dispensers, new submersible tank pump controllers, new transition sump, leak detection/monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and associated apparatus. Additive Alternate No. 1 includes of all the necessary labor and materials to install four (4) new diesel dispensers to be installed on existing sumps. On March 14, 2012, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate 1 Base Bid Plus Additive Alternate 1 Total _ Facility Solutions Group, Inc. Austin, TX $135,000.00 $19,175.00 $164,175.00 JScott Electric Co. C us Christi, TX p $149,790.00 $20,360.00 $170,150.00 ALTERNATIVES: 1. Award Base Bid plus Additive Alternate 1 to Facility Solutions Group, Inc. as recommended. 2. Award Base Bid only to Facility Solutions Group, Inc. 3. Re -bid the project 4. Do not proceed with the project. OTHER CONSIDERATIONS: These upgrades are required to bring the Ayers Municipal Service Center Fuel Station in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) for fueling facilities. CONFORMITY TO CITY POLICY: Conforms to Statutes regarding the bid process. EMERGENCY / NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $198,096.94 0.00 _ $18,696.94 Encumbered / Expended Amount This item $154,175.00 $154,175.00 $43,921.94 BALANCE $43,921.94 uncf(s): Maintenance Services Fund (5110 Comments: This project will be funded by the Maintenance Services Unreserved Fund Balance. RECOMMENDATION: City Staff recommend the approval of a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget -320- Mprofect \counCllexhibltsjexhEl 1096.dw AYERS MuN1ClPLE SERVICE CENTER FUEL STATION RENOVATION -321- CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: ! of 1 MOW MU NW NM PROJECT BUDGET Ayers Municipal Service Center Fuel Station Renovation Project No. E11096 May 8, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund FUNDS REQUIRED: Construction: (Facility Solutions Group, Inc.) Contingencies (10 %) Consultant Fees: Consultant - (Stridde, Gailins) * Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Reimbursements Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval October 4, 2011. -322- $ 198,096.94 $ 154,175.00 $ 15,417.50 $ 15,785.00 $ 4,239.81 $ 5,396.13 $ 2,312.63 $ 770.88 $ 198,096.94 $ 0.00 Page 1 of 3 Ordinance appropriating $198,096.94 from the. Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for the Ayers Municipal Service Center Fuel Station Renovation. Section 2. The FY2011 2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase expenditures by $198,096.94. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: 06 -A . -12 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 042412 ORD App 5196,096.94 for Ayers Municipal Srvca Ctr Fuel Station Renovation -323- AGENDA MEMORANDUM for the City Council Meeting of May.8, 2012 DATE: 04/19/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsdcctexas.com 381-886-2603 Resolution requesting Nueces County to add a Child Safety fee CAPTION: Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. BACKGROUND AND FINDINGS: The FY 2013 Operating Budget for the School Crossing Guard Program is $288,487. Additional revenues are needed to fund this program; a revenue source available through state law is the Optional County Fee for Child Safety. The County Commissioners Court may impose by order an additional fee of not Tess than $0.50 or More than $1.50 for registering the vehicle in the County. The County may deduct for administrative costs an amount of not more than 10% of the revenues. The remainder is apportioned among the cities and unincorporated areas on a population basis. The primary use of these funds is to support school crossing guard programs. If an entity does not have such a program or if revenues exceed the program costs, the funds can be used for other programs to enhance child safety, health or nutrition. In order for the fee to be effective on January 1, 2013 the County must order the collection of the fee and notify the Texas Department of Public Safety by September 10. The total revenue from this fee is estimated to be $345,000. The City's share, after deducting the 10% administrative cost, is $275,000. CCISD passed a resolution of support in favor of the fee on March 26, 2012. West Oso passed a resolution on April 30, 2012. • ALTERNATIVES: Not submit the resolution for consideration OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: —331— Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount • This item $275,000 $2751000 $275,000 BALANCE $275,000 unp(s): Veneral, Notice Comments: RECOMMENDATION: Approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution of support from CC!SD Board of Trustees Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. WHEREAS, the City of Corpus Christi is seeking sufficient funding sources for the school crossing guards on duty near schools in Corpus Christi, Nueces County, Texas; WHEREAS, at least 93% of the vehicles registered in Nueces County are owned by persons residing in Corpus Christi; and WHEREAS, the Texas Legislature has authorized the Nueces County Commissioners Court to add an additional fee of not greater than $1.50 per vehicle for registering a vehicle in Nueces County in order to fund the school crossing guards program; and WHEREAS, the child safety fees collected would solely be used for school crossing guard programs for the benefit, protection, and safety of school children throughout the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City of Corpus Christi requests the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. The child safety fees collected through this Resolution would solely be used for school crossing guard programs for the benefit, protection, and safety of school children throughout the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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 —334— AGENDA MEMORANDUM for the City Council Meeting of.May 8, 2012 DATE: April 20, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson mculbertson@ccredc.com (361) 882 -7448 UPDATE TO CITY COUNCIL — Corpus Christi Regional Economic Development Corporation PRESENTER: Name 1. Roland Mower Title /Position President/CEO BACKGROUND: CCREDC semi - annual presentation to the City Council LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Approvals: Toby Futrell, Interim Assistant City Manager —337— Department CCREDC -338- -339- 1.0 0 ? y. 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CD 0 CO cn. 0 0 : uaWTsenuI n z C CD (D � r+ D �• < Us CD H -Q=- O 0 cn N 0 -co o co 01 W oj O co N c cD czi ..i z 6 0 !1 z -342- mmo x x o co co = 0_ c c cn CI CD cn > 5" cn cn ril (i) 0_ 5- 3 CD CD 0 (1) 0 0) CD -, :uowisonu 1 :sgor IBRuolod_ -EA Cri •Pb. .11• a 3 3 -343- -344- AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: April 19, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovds@cctexas.com 361- 886 -2603 UPDATE TO CITY COUNCIL Crime Control and Prevention District review of Proposed FY2013 budget STAFF PRESENTER(S): Name 1. Floyd Simpson 2. Pat Eldridge 3. OUTSIDE PRESENTER(S): Title/Position Department Chief of Police Police Police Administration Manager Police Name Title/Position Organization 1. Susie Luna - Saldana Board Chairman Crime Control and Prevention District 2. 3. BACKGROUND : The Crime Control and Prevention District adopted the FY2013 budget on April 18 after holding a public hearing on the same date. The City Council will hold a public hearing on June 12, 1st reading on June 19, and 2 "a reading on June 26. LIST OF SUPPORTING DOCUMENTS: PowerPoint -348- n tn713 0 � c 0 rr (-I-. - = n n a. carp nin) 0) (r) rD r-' -rt, o o CJ c c < V) -o CD r) n CD 0 � - -0 0 CD ET —s � C CD r-r 3 CD g(D (-1- (n CD r) - rD F). CD l!el@a dogs umed i D rD cn 3 CD n CD r SJ J!J4p G3!IOd OS — 0 CD 0 u7 0 n 0 fD -Q (.0 0 iU 3 -< 3 NJ(D n 1 " o N.) Eli 0 L 0 CD C 0 a CD r-r. 0 CO .0 C 0 CL CD r-t. I 1 1 1 1 N � � z -0 w —0,- r 3 n (3 Q Li) n (f) 0 3 --Lt) CD p �-. ID 74 n can El) CD 0 �. --h 73 —I, r F : ) " eL oi VrCriD f 0 (D ld J I\-) H 3 n' 0 Ln n' W 0 CD 0 0 3 c rn H 0 3 saapi4j.0 loaled PaPaaid g — Assignment of 50 Police Officers other programs fully funded e•—••■ Cb 3. n ('D 0 ‘C-5 0 CD G.) (1) ta) —11 71 pJ C 0 Fiu ( CD 1) in Total Revenues $6,435,008 — 2% pay increase for civilian personnel -- 4% pay increase for sworn officers Total Expenditures $5,627,344 r=r F-=`' 1: • • • '41v v v > M ov = = -0 C rD C (DI (1) �. to N La i---L 1--L, 1---L r) ...rt- ir--t- 1 1 I M ;41 • -< Nn i--Ln n n o_ ' 74: t N) CD ,‹ -, -.< ❑ a n (T) n � a ° -0 - 1-1 0 0 (D c _ Nm �c -. = D m D r* Lo , up n n, n• Ni n ...... C• a E � c l w 90 -o -c) 0- CO a o _ n' - co cn (D S2° n C a 0 -I or CD �D '@, 7D'. to Lo n 5. rci rD r- 0 = 0 n n 0 a to n n �� - L) p a —. n = r-t- AMMO -353- AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: April 27, 2012 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager Margier @cctexas.com (361) 826 -3232 f UPDATE TO CITY COUNCIL Hotel Occupancy Tax Application Process for Arts Funding STAFF PRESENTER(S): Name 1. Margie C. Rose 2. Eddie Houlihan OUTSIDE PRESENTER(S): TitlelPosition ACM /General Government and Support Services Assistant Management And Budget Director Department Assistant City Manager Management and Budget Name Title /Position Organization 1. None BACKGROUND: in late Summer, 2011, Council passed a resolution requesting the staff to finalize a formal application and review process for City Council's consideration prior to the submittal of the proposed budget for Fiscal 2012- 2013. A committee was created and developed a proposed process for Council's consideration. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation -357-