HomeMy WebLinkAboutAgenda Packet City Council - 05/08/2012 (SP) Corpus Christi 1201 Leopard St
Corpus Christi,TX 78401
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Meeting Agenda - Final-revised
City Council
Tuesday,May 8,2012 12.00 PM Council Chambers
11:46 AM Proclamations
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RECEIVED Proclamation declaring May 5- 13, 2092 as"National Tourism Week"
Proclamation declaring May 6- 12, 2092 as`National Children's Mental Health
Awareness"
i MAY Q 4 2012 7it Proclamation declaring May 6-12, 2012 as 'Animal Control Officer, Staff and Volunteer
Il 40 All'1 Appreciation Week"
Proclamation declariing May 6-12, 2012 as"Goodwill Industries Week"
C11Y SECRETARY'S OFFICE 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-espallol en todas las juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact the City Secretary's office (at 361-826-3105)at least
48 hours in advance so that appropriate arrangements can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by 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.
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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
'i 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 Soiid 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
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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
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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.
1 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.
Sponsors: Engineering Department
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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.
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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
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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
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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
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of the City; providing for severance; providing for publication.
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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
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City Council Meeting Agenda-Final-revised May S,2012
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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
16. 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
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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 _
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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
1 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.
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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 participation
in the amount of$24,282.
Sponsors: Engineering Department
Street closure application for Discover Downtown Music and Film Festival
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City Council Meeting Agenda-Final-revised May 8,2012
29. 12-00256 Motion approving the application for street closure from Moondogger
i 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,
j 2012.
�onsors: 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.
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{ 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
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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 1N 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:
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City Council Meeting Agenda-Final-revised May 8,2012
UPDATE ON CITY OPERATIONS
FIRST YEAR SUMMARY
p. ADJOURNMENT
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`�Fs2AGENDA MEMORANDUM
for the City Council Meeting of May 8, 2012
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DATE: 3/16/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director
MichaelMo@cctexas.com
361-826-3464
2012 Discover Downtown event
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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
Project to Date
Expenditures
Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS
Line Item Budget
Encumbered 1
Expended Amount
This item
BALANCE
Fund(s):
Comments: none
RECOMMENDATION: Staff recommends approval.
LIST OF SUPPORTING DOCUMENTS: Event Agreement, Ordinance
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2012 USE AGREEMENT
State of Texas §
Know All By These Presents;
County of Nueces §
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.
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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
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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
j 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.
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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
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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
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Moondogger Productions its employees, volunteers vendors, contractors, or 99
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
1 its own clean up crew during and after the Event.)
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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.
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9. Notice. Notice may be given by fax, hand delivery, or-certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be sent as follows:
If to City: If to Moondogger Productions
Director of Parks and Recreation John Segrest, President
City of Corpus Christi Moondogger Productions, LLC
P.O. Box 9277 134 Alta Plaza
Corpus Christi, TX 78469-9277 Corpus Christi, Texas 78411
(361) 880-3461
FAX (361) 880-3864
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.
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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
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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
j $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
I 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
1 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,
I 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 orproperty 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
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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 Indemnitors, 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 Indemnitors in administering parade vendor permits.
j 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
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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.
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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.
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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
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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
1 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.
i 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).
j25. 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 Premises 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
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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
j 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.
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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.
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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,
i 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
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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
1 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
l 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: CITY OF CORPUS CHRISTI.
Armando Chapa Ronald L. Olson
City Secretary City Manager
Legal Form Approved i , 2012
Lisa Aguila
Assistant City Attorney
for City Attorney
MOON OGLE _PRODUCTIONS, LLC
BY:
Name:
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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;
3 paid admission.
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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.
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