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Agenda Packet City Council - 09/25/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, September 25, 2012 12:00 PM Council Chambers 10:30 A.M. - 11:30 A.M. LEGISLATIVE PRIORITIES WORKSHOP Public Notice is hereby given that the City Council will meet in Workshop Session on Tuesday, September 25, 2012 at 10:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to discuss State Legislative Priorities. 1 12 -00689 City Council Legislative Priorities Workshop Attachments: Priorities outline for 092512 workshop Workshop Presentation 092512 2013 lege priorities table Nueces Co Legislative Agenda 2012 - 83rd Session TAMUCC 83rd Legislative Session Priority List DMC Board of Regents Legislative Agenda 2012 M8 2013 Legislative Agenda 090712 General Govt Committee Recs 83rd Session TML Revenue and tax Recommendations TML Subcommittee on Streamlined Sales Tax Prolect, Sales Tax Reallocation, e TML Personnel and Pension Reform Recommendations TML Utilities and Transportation Recommendations TML Subcommittee on Utility Rate Case TML Regulation and Development Recommendations Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary Corpus Christi Page 1 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 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 Mike Fehlauer, The Summit Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 2 12 -00681 Proclamation declaring October 2012 as "Domestic Violence Awareness Month" Proclamation declaring October 1 - 7, 2012 as "Ideas Week Corpus Christi" Proclamation declaring October 2, 2012 as "National Night Out" F. MINUTES: 3 12 -00683 Approval of Meeting Minutes - September 18, 2012. Attachments: Minutes - September 18, 2012.pdf G. BOARDS & COMMITTEE APPOINTMENTS: 4 12 -00682 Arts and Cultural Commission Committee for Persons with Disabilities Island Strategic Action Committee Attachments: 09 -25 -12 final.pdf H. 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. I. CONSENT AGENDA: (ITEMS 5 - 10) 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 Corpus Christi Page 2 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5 12 -00664 Deferment agreement with Calallen Retail Partners, L.P., for public improvements located at the Southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889. Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with Calallen Retail Partners, L.P. ( "Developer "), in the amount of $228,800.00 for public improvements to property located at the southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. Attachments: Agenda Memo Exec Summary Form, 9 -13 -12 v4 DefermentAqmt Calallen Retail Partners LP v04 Final Exectd 20120912 6 12 -00647 Employee Transition Plan for the Professional Service Management Agreement for the Corpus Christi Museum of Science and History Motion authorizing the City Manager or his designee to execute the Employee Transition Plan with Corpus Christi Museum Joint Venture (CCMJV), amending the Professional Service Management Agreement to operate and manage the Corpus Christi Museum of Science and History. Attachments: Agenda Memo - Museum Employee Transistion Plan Agreement - Employee Transition Plan EXECUTED 7 12 -00649 Professional services contract amendment for the extension of a runway and taxiway threshold and two new taxiways Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. Attachments: Agenda Memo - CCIA Runway KSAAmend Budget - KSAAmendment Location Map - Runway 17 -35 KSAAmendment.pdf Contract- Runway 17 -35 KSAAmendment.pdf Presentation - Runway 17 -35 KSAAmendment.pptx 8 12 -00636 Second Reading Ordinance - Appropriating and transferring funds Corpus Christi Page 3 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 to be used for capital expenditures (First Reading 9/18/12) Ordinance appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -13 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures by $65,417. Attachments: Agenda memo - Airprot Capital Funds appropration and transfer Ord- approp transferring from NO 4611 to No 4610 9 -05 -12 9 12 -00659 Second Reading Ordinance - Accepting and appropriating a State grant; transferring and appropriating City /InKind match to fund victims of crime (First Reading 9/18/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund; and appropriating the $79,188.69 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. Attachments: VOCA agenda memo 09.18.2012 Ordinance -VOCA grant 2012 - Police revised Contract - VOCA 10 12 -00615 Second Reading Ordinance - Appropriating funds for purchase of 164 In -Car Video Recording Systems and completion of fiber network for police substations (First Reading 9/18/12) Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Corpus Christi Page 4 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 Attachments: Agenda Memo - In -Car Video Recording System.docx Price Sheet - In -Car Video Recording System.xls Appropriations Ordinance - In -Car Video Recording System.docx Presentation - In -Car Video Recording System.ppt J. EXECUTIVE SESSION: (NONE) 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. K. PUBLIC HEARINGS: (ITEM 11) 11 12 -00654 Public Hearing and First Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi and adopting the Corpus Christi Parks and Recreation Master Plan Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi Parks and Recreation Master Plan; providing for repeal of conflicting ordinances; and providing for severance. Attachments: Agenda memo - Strategic Parks & Recreation Master Plan Ordinance - Strategic Parks and Recreation Master Plan Executive Summary - Master Plan Presentation - Strategic Parks & Recreation Master Plan Summary L. REGULAR AGENDA: (ITEM 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 12 12 -00570 Agreement for temporary tax abatement for future mixed use development located at 908 and 916 -928 Staples Street Resolution authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement. Attachments: Agenda Memorandum for Owen Norton Tax Abatement RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 Project Cap Tax Abatement Application Project Cap Tax Abatement Agreement pdf Protect Cap Letter to Other Taxing Jurisdictions Corpus Christi Page 5 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 M. FIRST READING ORDINANCES: (ITEMS 13 - 18) 13 12 -00660 First Reading Ordinance - Accepting and appropriating a State grant; transferring and appropriating City /InKind match to fund advocacy for victims of domestic violence Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $94,705.39 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 13, with a City match of $47,165.68, in -kind match of $7,200 in the No. 1020 Police General Fund; and appropriating the $94,705.39 in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department and authorizing the transfer of $47,165.68 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $149,071.07 Attachments: Agenda memo - VAWA 09.18.2012 revised Ordinance -VAWA grant 2012 - Police Contract - VAWA 14 12 -00650 First Reading Ordinance - Repealing /reenacting ordinance creating the Corpus Christi Museum Advisory Board Ordinance repealing and reenacting section 2 -90 "created; membership; terms; filling vacancies" of the code of ordinances, dissolving the Corpus Christi Museum of Science and History Advisory Board and creating a new Corpus Christi Museum of Science and History Advisory Board; amending section 2 -92 "Meetings; function" of the code of ordinances by modifying the meeting from monthly to quarterly; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda Memo - CC Museum Advisory Board Ordinance Revision Ordinance - Repealing and Reenacting CC Museum Advisory Board 15 12 -00688 First Reading Ordinance - Appropriating funds for marketing and co- promotion expenditures at the American Bank Center Ordinance appropriating $600,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; appropriating $115,999.96 from the reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $600,000 and expenditures by $ 1, 315, 999.96. Corpus Christi Page 6 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 Attachments: Agenda Memo - SMG Marketing & Co -pro 9- 25- 12.docx Ordinance approp transfer SMG Marketing & Co -pro 9- 18- 12.docx 16 12 -00685 First Reading Ordinance - State lease agreement to store materials for offshore artificial reef construction Ordinance authorizing the City Manager or designee to execute a Coastal Surface Lease with the State of Texas to lease approximately 3.0 acres of filled submerged land for the storage of reefing material for use in constructing an offshore artificial reef, for a term of four years, for $500 per month for the first two years, and $833.33 per month for the last two years. Attachments: Agenda memo - Artificial reef lease COASTAL SURFACE LEASE NO SL20120044 Ordinance - Submerged Lease Council Exhibit 17 12 -00653 First Reading Ordinance - Professional service contract to improve operations of the J. C. Elliott landfill gas collection system Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12108 J.C. Elliott Landfill Gas Collection and Control System Repairs; transferring budgeted funds in the amount of $108,432 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the J.C. Elliott Landfill Gas Collection and Control System Repairs Project; and authorizing the City Manger or designee to execute a contract for professional services with SCS Field Services of Bedford, Texas in the amount of $100,400 for the J.C. Elliott Landfill Gas Collection and Control System Repairs Project. Attachments: Memo - JC Elliott Protect Budget - JC Elliott Location Map - J. C. Elliott Landfill Gas Collection and Control System Repairs.r Ordinance - JC Elliott Contract Professional Services - J. C. Elliott Landfill Gas Collection and Control 18 12 -00652 First Reading Ordinanace - Amending the Capital Improvement Budget to transfer funds and execute a construction contract for street improvements including utilities from Leopard Street to Maple Leaf Drive and offsite Storm Water improvements from Lois Drive to Turkey Creek along Leopard Street Ordinance amending the FY 2013 Capital Improvement Budget adopted Corpus Christi Page 7 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 by Ordinance No. 029565 to transfer $41,928 in budgeted wastewater project savings and $16,450 in budgeted water project savings from the TXDOT Participation Project and $267,499 in budgeted storm water project savings from the Staples Street Outfall Project to the Charles Drive from Leopard to Maple Leaf Project; increasing expenditures in the amount of $325,877; authorizing the City Manager or designee execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive Project for the base bid. Attachments: Memo - Charles Drive Protect Budget - Charles Drive.xls Location Map - Charles Drive.pdf Ordinance - Charles Drive Powerpoint - Charles Drive N. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. RECESS THE CITY COUNCIL MEETING 19 12 -00674 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Approve minutes from Board meeting of September 11, 2012. 4. Appointments to the Loan Review Committee 5. Public Comment 6. Adjournment Attachments: Agenda memo - CCCIC Board Meeting CCCIC - Agenda 09 -25 -2012 CCCIC Minutes 09 -11 -2012 CCCIC Board Packet 09 -25 -2012 RECONVENE THE CITY COUNCIL MEETING O. 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. Corpus Christi Page 8 Printed on 9/21/2012 City Council Meeting Agenda - Final September 25, 2012 P. 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. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 9 Printed on 9/21/2012 City Council Legislative Priorities Workshop Tuesday, September 25, 2012 10:30 — 11:30 a.m. City Council Chambers I. Presentation a. Important Dates b. Existing City legislative categories c. TML legislative categories d. Guiding principles for evaluating legislation e. Staff - developed priorities Priority — 10 items Support — 5 items Oppose — 10 -items Endorse — 3 items Others — No decision — 2 items f. Priorities of other entities Nueces County Del Mar College TAMUCC Metro 8 Chambers TML Policy Committees II. Questions for City Council members Do you agree with the individual staff - developed legislative priorities and the categorization of those priorities? Are there any priorities of the other entities you would like to make priorities of the City? Are there any ideas not listed on any list you would like the Council to consider on October 9 (Future Agenda)? III. Task Assignments July 13, 2012 MEMORANDUM TtXA$ President Lebriard'Reed,tvlayor, WiHis Executive Director gennett ?nail TO Members of the TML Legislative Policy Subcommittee on Streamlined Sales Tax Project, Sales Tax Reallocation, and Internet Sales Tax Souming Phil Dyer, Mayor, Plano (Chair) Allen L Barnes, City Manager, Gonzalez Kevin Cauuth, City Manager, Rockport Kelly Dowe, Director of Rinance, Houston Andrea Marie Gardner, City Manager, Copperas Cove Bryan Langley, Chief Financial Officer, Denton Floyd Myers, Mayor, Webster Clay Phillips, City Manager, Coppell Bret W. Starr, Budget Administrator, ing Jennifer Wichmann, Asst. Director of Mgmt Resources, Arlington FROM: TML Staff •SUBJECT.. Subcormiuttee Meecing At the July 13 meeting, the 'subcormittee vOted to recommend that TML oppose, legislation that would alter the city share or the. calculation or sourcing of city sales taxes. The subcormnittee also voted to recommend that TML seek introduction and passage of legislation that would convert the sale$ tax reallocation process froin a ministerial process into a. more forroarized administrative process that would, at a minimum, require prior notice to all affected parties. This memo will serve as the subcommittee's report to the Ml committee. The members of the Revenue and Ta?c Comnii e wil l Meet lli combination to form the General. Government Committee for the final time a.t 10:00 a.m. Friday. August 24. 2012, at the Hilton Austin Airport. 1821ktitherfora-Lsne,-Snite-400, Austiti,:.-tex&787545128. p...51N41,1/10n*f 5..w31749.0:,:tokftg: If you have any questions or comments, please call Bill Longley at (512) 231 -7400. We look forward to seeing you on August 24, cc: TML President Leonard Reed, Mayor, Willis TML President -Elect John Monaco, Mayor, Mesquite Brad Pingel, Mayor, Pampa Municipal Intergovernmental Liaisons TEXAS UNICPAI. LE.AGUE President t,eonard Reed, Mayor, Willis Executive Director Bennett Sandlin August 3�, 2012 MEMORANDUM TO Officers and Members of the TML Legislative 'Policy on Personnel and Pension Reform PROM: Laura, Mueller, Assistant General Counsel SUBJECT: Summary of Actions Taken at the Two Committee Meetings (June 1 and August 24, 2012) Attached is a summary of all recommendations made, at either of the two oonnnittee meetings. The recommendations are divided into the following categorieS:, • Support — for these initiatives„ the committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. • ,Endorse — for these initiatives, the committee recommended that TIM ,make its support. known as time allows. • Oppose — for these initiatives, the committee recomxnended that the. League actively and vigorously oppose the passage oftelated legislation. • Take No Position — for these initiatives, the committee reconmended that the League take no position or no action on related legislation. The attached summary of recormnendations is, in effect, your Committee Report. It will be put into resolution form and submitted to the 2012 TML Resolutions Committee when it meets in Grapevine on Tuesday, November 13, 2012, in eonjunetion with the TML Amnia! Conference, The membership of the Committee on Utilities and Transportation will be well represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. If You have an questions or comments, please feel free to contact us at any time. cc: TML Officers Municipaflntegovemmenta1 Liaisons 1821 Rutherford Lerte, Suite 400, Austin, Texas 78754-5128 P 512-231-7400 • F 512-231-7490 * mvw.tiol.rn TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON PERSONNEL AND PENSION REFORM SunntlarY of Actions Taken 1. Disease Presumption The Committee voted to recommend that TML oppose legislation that would substantively change or expand the scope of the current disease presumption law. 2. Meet and Confer/Collective Bargaining The Committee voted to recommend that TML oppose any state or federal legislation that would Make meet and confer -mandatory or expand the current meet and confer law. The; ComtnitteevOted, to recommend .that TML oppose any state or federal legislation that would Make collective bargaining mandatory or imposeexpanded 'collective bargaining rights. 3. Civil Service The Conanittee voted, to recerinnend that TML oppose legislation that Would enact detrimental amendments to the civil service law (Chapter 143 of the Texas Local 'Government Code). 4, Mandated Health Benefits The 'Conunittee voted to recommend that TML opptise legislation that would impose healthcare& prescription, drug mandates et enhancements. 5, Mandator* Leave The .tt voted recommend th ti at Conum ee v to at TM oppose legisla on that would mandate city-paid leave for city employees for specific purpose. Thecoi*nittee voted to recommend that TML take no position On legislation that would require a city to grant leave. from work for 'municipal employees provided the leave meets, each of the following criteria: (1) it is unpaid; (2) it must be used to address serious family or health issues, and (3) it is of a reasonably short duration. 6, Police Officer Termination Reports The Corrunittee voted to recommend that TML support legislation that would remove the requirement that cities come to the State Office of Administrative Hearings in Austin to oppose disputed police termination reports. 2 7. EMT Training The Committee voted to recommend that TML support legislation that would allow high school students to serve as EMT trainees while earning dual credit towards their high school diploma and EMS certification. 8. Defined Benefit v. Defined Contribution The Committee voted to recommend that TML oppose legislation that would further erode local control as it pertains to retirement issues. 10. Flexible Cost of Living Adjustments (COLAS) The Committee voted to recommend that TML endorse legislation that would create additional, flexible cost -of- living adjustment (COLA) options that are not retroactive to a retiree's date of retirement, such options to possibly include one -time increases tied to increases in the consumer price index (CPI) or flat percentage increases. 11. Threshold for Participation in TMRS The Committee voted to recommend that TML support legislation that would allow a city (for the purpose of TMRS participation) to define "full time" as 1,000; 1,250; or 1,500 hours annually. 12. Gain - Sharing Options The Committee voted to recommend that TML oppose legislation that would mandate gain - sharing between cities and employees as it relates to investment earnings of TMRS. 13. Two - Tiered Plans The Committee voted to recommend that TML take no position on legislation that would allow cities to adopt a two- tiered plan within the framework of its retirement system. 14. Collective Bargaining/TMRS The Committee voted to recommend that TML oppose legislation that would provide that collective bargaining and meet and confer statutes preempt the Texas Municipal Retirement System statute (as they pertain to retirement matters). 3 TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON UTILITIES AND TRANSPORTATION Summary of Actions Taken May 18, 2012 1. Water Conservationtlrrigation The Committee voted to recommend that TML oppose legislation that would impose mandatory water conservation measures on cities. The Committee voted to recommend that TML oppose Legislation that would impose on cities any additional mandates relating to irrigation/sprinklers. 2. State Water Plan Funding The Committee voted to recommend that TML oppose legislation that would impose state "tap fees" or any other type of state charge on municipal water systems. 3. Environmental Flows The Committee voted to recommend that TML take no position on legislation that would relate to environmental flows. 4. Right-of-Way Compensation The Committee voted to recommend that TML oppose legislation that would decrease the authority of a city to be adequately compensated for the use of its rights -of -way. The Committee voted to recommend that TML oppose legislation that would erode municipal authority over the management and control of rights -of -way. 5. State Cable Franchises The Committee voted to recommend that TML oppose state or federal legislation or rules that would negatively affect the provisions of Chapter 66 of the Utilities Code, which relates to state- issued cable franchises. 1 6. Utility Relocation The Committee voted to recommend that TML oppose legislation that would erode municipal authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. The Committee voted to recommend that TML support legislation that would: a. impose time restrictions on the relocation of utility facilities for municipal projects. b. clarify that alleys are considered "streets" in the context of municipal utility relocation requirements. c. provide a city the authority to impose a local tariff to offset the costs to a utility of undergrounding its facilities. 7. MOU Electric Rates for Schools The Committee voted to recommend that TML oppose legislation that would impose mandatory discounts for public schools and /or the partial or whole deregulation of municipal electric utilities. 8. MOU Fund Transfers The Committee voted to recommend that TML oppose legislation that would limit transfers to a city's general fund from its municipally owned utilities. 9. Solid Waste Franchises The Committee voted to recommend that TML oppose legislation that would limit a city's authority to enter into a solid waste franchise. 10. Municipal Drainage Utilities. The Committee voted to recommend that TML oppose legislation that would exempt any entity from paying municipal drainage fees. 11. Gas Wells The Committee voted to recommend that TML support legislation that would: a. increase state authority over air emissions or water quality as those items relate to gas development, so long as municipal authority in those areas is not eroded. 2 b. grant cities or counties additional authority to regulate gas wells in a city's extraterritorial jurisdiction (ETJ), so long as municipal authority in the ETJ remains superior to that of the county. The Committee voted to recommend that TML oppose legislation that would: a.. establish model rules relating to municipal regulation of gas wells, gas pipelines, or other gas - related equipment, unless the legislation or rules apply to only county regulation in the unincorporated area of the county. b. weaken the ability of cities to regulate gas wells, gas pipelines, or other gas - related equipment. 12. Gas Pipelines — Eminent Domain The Committee voted to recommend that TML endorse legislation that would grant appellate jurisdiction over an interlocutory appeal relating to eminent domain from a probate court. 13. PUC /RRC Sunset The Committee voted to oppose legislation that would, with regard to state agency sunset or related legislation, adversely affect the interests of cities, including but not limited to their ability to intervene on matters before a state commission or a court of law. 14. Utility Rate Cases The Committee voted to refer to a subcommittee issues related to utility rate case lobbying and substantive rate case issues. 15. Billboards The Committee voted to recommend that TML oppose legislation that would erode municipal authority over billboards or that would place any unfunded mandate on cities relating to billboards. 16. Local Transportation Funding The Committee voted to recommend that TML support legislation that would: a. allow for greater flexibility by cities to fund local transportation projects; amend or otherwise modify state law to help cities fund transportation projects; or provide municipalities with additional funding options and resources to address transportation needs that the state and federal governments are unable or unwilling to address. 3 b. discontinue the diversion of transportation revenues to non - transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation. c. provide additional funding to the Texas Department of Transportation for transportation projects that would benefit cities, so long as existing funding formulas are followed. 17. Complete Streets The Committee voted to recommend that TML endorse legislation that would provide for voluntary complete streets participation, but that TML oppose legislation that would impose mandatory complete streets requirements on cities. 18. Other Business The Committee voted that TML should join H204Texas, so long as that organization's mission does not run afoul of the League's legislative program. The Committee asked staff to provide briefing related to tire disposal and to place the issue on the August 24 General Government meeting agenda. 4 XAS .MUNICIP�I.:`t;r AGU.i President Leonard Reed, Mayor, Willis Executive Director Bennett Sandiin July 10, 2012 IVXEMORAN:DUIVf TO: Members of the T ML Legislative Policy Subconannittee on Utility Rate Case Lobbying and Substantive Rate Case Issues Gregory L. 'Worthan, Mayor, Sweetwater (Chair). Carl Robinson, City Representative, El Paso Roger B. Gordon City Attorney, Woodcreek Tisa;Paez, Deputy Director, Regulatory Affairs, Houston Ron Pletcher, City Counoilmember, Buda Greg Vick, City Manager, Elgin Gary Cox, Police Chief, Cibol'o PROM: TML Staff SUBJBCT: Subcommittee Meeting, Thank you again. for agreeing to:serve as;a member ofthe Subcommittee on Utility Rate'Case,Lobbying and Substantive Rate Case issues. At the July 9 meetiag, the Subcommittee voted to' recorarnend that'IML do ;'the 'following in relation to utility rate case lobbying: Oppose . legislation that erode municipal authority to participate in utility rate eases Create an informal utility rate ease legislation 'Usk force" to which the League and all :cii related ratemaking'Iobby groups each appoint one member. Consult with the task force for recommendations relating to utility rate case legislation, so long as none of those recommendations conflict `with any other provision ,in the 2013 TML. Legislative Program. The Subcommittee also voted to moo rend that TML do the following in relation to substantive Water rate case issues: Seek introduction and passage of legislation that Ivould provide for the mandatory appearance: and participation by an investor - owned water Utility, that seeks a rate increase in a city or the city's extraterritorial jurisdiction at a municipal hearing as a >oondition of the utility's rate case expense reimbursement, Seek introduction and passage of legislation that would authorize a city to impose mandatory fire protection standards on investor -owned water utilities that provide service in a city or the city's extraterritorial jurisdiction 1821 Rutherford Lane,.Sulte 400, Austin, Texas 78754.5128: P 512-231,7400 0,F 5.12- 231-7490 • w w.tmLorg Support legislation that would improve a eity's ability to acquire the assets of an investor- owned wafer utility operating within a city or the city's extraterritorial jurisdiction,. Support, legislation that would make beneficial amendments to the current process of dual certifiieation of an area i t : a city or the city's extraterritorial ` jurisdiction ° that is served by an investor- owned wafer utility. Support beneficial amendments to the investor -owned utility water ratemaking process, including amendments that would provide: (1) that proposed rates do not go into effect until the entry :of a fmal order from a regulatory authority; (2) that a. rate; case inust:be completed within iso more than 250 days after the rate case is filed" with the appropriate regulatory authority; and (3) for iuunieipal rate, case reimbursement in relation 'to the sale, transfer, or merger of an investor :owned water utility that provides service in a city or the city's extraterritorial jurisdiction: Support legislation that would require a prudence review of a purchase water contract: of 'an investor -owned water utility that provides service in a city or;the city's extraterritorial jurisdiction entered into since the. utility's last rate case, Oppose legislation that would "erode current municipal authority over investor -owned water utilities that provide service in a city or the pity's extraterritorial jurisdiction;, Reiterate to the National League of Cities the importance of repealing or making beneficial amends' to 26 TJ.S C 1926b, which prohibits a city from encroaching into a federally-indebted water supply corporation's service area. This ;memo will serve as the subcommittee's report to the full committee. The Members of the Utilities and Transportation. Comznitee will meet in combination to Iona the General Government Committee for the finial time at 10:00 a.m. on Fridav, August 24, 2012, at the Hilton Austin Airport, If You have any questions or comments, please call Scott Houston at (512)`231 -74e0. We look tOrwArd,tij seeing you on August 24 cc TM:.[ .'president Leonard Reed, Mayor, Wallis TML. Presidcni -lect John Iv%naco. lvtayor, Mesquite Municipal Intergovernmental Liaisons Lindsey :Baker, Denton Texas Coalition'forAffordable.Power Leadership Texas Coalition of. ditida for Utility Issues Leadership Atmos and Oncor Cities .Steering demrizittees:.Leadership Herrera and Boyle,.P C., legal, counsel for Atmos Texas Municipalities Atmos West Texas Cities, Alliance of Xcel 1Vlunicipalifies ,.CitiesAdvocating Reasonable Deregulation, Alliance of Texas -Ne Mexirci Power Municipalities, Texas. Coast Utilities. Coalition TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON REGULATION OF DEVELOPMENT Summary of Actions Taken May 25, 2012 1. Eminent Domain The Committee voted to recommend that TML oppose legislation that would further erode a city's ability to condemn property for a public purpose. 2. Manufactured/Industrialized Housing The Committee voted to recommend that TML oppose legislation that would erode current municipal authority to regulate manufactured or industrialized housing. 3. Annexation The Committee voted to recommend that TML oppose legislation that would erode municipal annexation authority. The Committee agreed that staff would work with committee members to develop additional suggestions for beneficial amendments to annexation laws, and that those recommendations would be provided to the Committee for later action through electronic means. 4. Zoning The Committee voted to recommend that TML oppose legislation that would erode municipal zoning authority. The Committee voted to recommend that TML oppose legislation that would restrict a city's ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. 1 5. Regulatory Takings The Committee voted to recommend that TML oppose legislation that would establish a standard or process for determining economic loss and related compensation resulting from a regulatory action. 6. Religious Land Use The Committee voted to recommend that TML oppose legislation that would further erode a city's ability to regulate religious or charitable organizations. 7. Permit Vesting The Committee voted to recommend that TML oppose legislation that would enact adverse amendments to the permit vesting statute (Chapter 245 of the Local Government Code). 8. Special Districts The Committee voted to recommend that TML oppose legislation that would allow special districts to form in a city or its extraterritorial jurisdiction without the city's permission, or that would impose additional requirements on cities relating to special districts. 9. Development Exactions The Committee voted to recommend that TML oppose legislation that would reduce municipal authority to require exactions related to and required by new development, or that would erode the authority of cities to adopt and enforce minimum development standards. 10. Uniform Building Codes and Building Permit Fees The Committee voted to recommend that TML oppose legislation that would: (1) erode a city's ability to make amendments to model building codes; (2) erode a city's ability to adopt property maintenance codes; or (3) limit a city's authority to require rental registration requirements. The Committee voted to recommend that TML oppose legislation that would further restrict a city's ability to impose building fees. 11. Extraterritorial Jurisdiction The Committee voted to recommend that TML oppose legislation that would erode municipal authority in the ETJ. 2 The Committee voted to recommend that TML endorse legislation that would expand a city's authority to enforce nuisance regulations in its ETJ, The Committee voted to recommend that TML support legislation that would expand a city's land use authority in its ETJ'. 12. Impact Fees The Committee voted to recommend that TML oppose legislation that would further restrict a city's ability to impose municipal impact fees or that would exempt any entity from paying municipal impact fees. 13. Wind Turbine Regulation The Committee voted to recommend that TML oppose legislation that would erode municipal authority to regulate wind turbines or any other alternative energy source. 14. Wind Turbine Regulation The Committee voted to recommend that TML oppose legislation that would erode municipal authority to regulate renewable energy technology and green building initiatives. 15. Tree Preservation Ordinances The Committee voted to recommend that TML oppose legislation that would erode municipal authority in relation to tree preservation requirements. 16. Other Business The Committee voted to recommend that TML support legislation that would grant all cities the authority to require the registration of vacant buildings and/or that would expand the authority of all cities to ameliorate the effects of vacant properties. 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Expand authority of Joint Airport Zoning Board in Chapter 241, Local Government Code, to prevent and mitigate electromagnetic and radar interference. ., Validate actions of the Lower Nueces Water Supply District to protect City's real property interests near Lake Corpus Christi. Allow a County to use its Texas Enterprise Zone designations for a company that is in the extraterritorial jurisdiction of a City that is not in that County. (Re -file HB 1560 from 82nd Session) V Allows Texas Enterprise Zone designations to be broken down into halves or quarters. (Re -file HB 2493 from 82nd Legislative Session) Constitutional amendment authorizing gaming at destination locations in Texas. Windstorm Insurance reform. Authorize local governments to levy a fee or tax for transportation infrastructure projects. Create a dedicated funding source to implement long -term water management strategies in the 2012 State Water Plan. Eliminate the population bracket limitation in the Local Government Code to allow smaller cities to use alternative procurement methods for design and construction. r:. ! o r'„` ✓� >S, Y . ...� r „"S . , ✓�' s r? rb IFS s” / s r : i". � -. / f �s .t 5 . l �S t -'n'. .�4arsn . ,T •> .rn t.:^l ,a, -./ .f?fi el ,.F' 3 , l ra' f > .: � r ✓'> , �.� ..�( ,a, � ,� �s�. ,r' ,., a S�n rf+ � c` ✓� <�l. �^ei /�.i� i�r iii .r fit/ yin,. .' >.�, t r , >�.�., ry ..,E✓ <a �, � <3f�, ..,£S (n .f / r3> >.fi£. ✓i .31, f ZG, .sF�<, .✓�A G"; U, &, U, &, J„ l i� ,2 R i sue. { ,.✓.,. r3a {' .li `� ,r >,�. ,. /l su � .. I�. { ft .:Sr' / e r . {" ✓ e <,,;.. f .r... �. .�...,5 . ,✓ � . . 3 v/, /l su ,s.. I� . n, ✓r, .S.1F,$ , �� - �. ? / / ,� /r /, , �r > > �, .,"} 7 � F� F�:✓✓ ., a, rro,,, G.,o., . ✓, a� ,.Y 1 :,. �, >�.. a >�. a >�., a >�.. r. r �.,. . ,-// f,hlf J r'r1 /s✓s�i(�. ✓r,� r. v�f:rf .Y� .Y" .Y'"" ..o �,. l� r, L' .f o.F r. �.. 3' ':. 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Texas should enhance existing formula funding to increase efficiency and encourage graduates from Texas Universities and community colleges to support the critical role of providing a skilled workforce for the Texas Economy. Page 1 of 2 Reinstate the dispersal of Law Enforcement Officers Standards and Education (LEOSE) funds to law enforcement entities across the state to defer the cost of the required continuing education of Texas peace officers. Changes to the Public Education and Government one percent franchise fee for state cable franchises. Nor Flow control restrictions in solid waste management. Changes in funding that might weaken the long -term viability of the Texas Municipal Retirement System (TMRS). NOr Changes to the school start date. Nilr Limitations on local control and restrictions on city's extra - territorial jurisdiction. Revenue Caps or erosion of local control over budgeting process. Limits on land use regulatory authority. Limits on building and construction permit fees. Reduction in revenue collected for right of way rental (i.e. Franchise fees). Elimination or limits on the use of economic development tools. Recommended Category: ENDORSE Niir City employee benefits plan flexibility. Nor Continuation of economic development incentives and funding for the Governor's Office. Continuation of funding for State agencies that provide critical services in the Coastal Bend, including Texas Parks and Wildlife Department, Texas Commission on the Arts, Texas Historical Commission, Texas Health and Human Services agencies, Texas Department of Transportation, Texas General Land Office, Texas Commission on Environmental Quality, Texas Department of Public Safety, and others. OTHER IDEAS CONSIDERED, NO ACTION TAKEN o Amend Chapter 451, Transportation Code, to change city appointment to rapid transportation authority board representing transportation disadvantaged individuals. NOTE: Suggested by Abel Alonzo. Will affect Corpus Christi, Austin, Houston, and San Antonio o Amend Chapters 1251 and 1331, Texas Government Code, to give municipalities flexibility to group subjects for bond ballot language. NOTE: Bond Counsel Jeffrey Kuhn believes passage will be difficult and is not recommended. Page 2 of 2 83rd Session, Legislative Agenda — Nueces County General Policy To the extent permitted by law, Nueces County will SUPPORT legislation that: 1. Fosters local decision and control. 2. Reduces costs to Nueces County. 3. Protects and enhances County revenue sources. 4. Increases economic development opportunities for the citizens of Nueces County. 5. Enhances or provides more revenue for State provided services in Nueces County. 6. Increases revenue to Nueces County for previously imposed under - funded or unfunded mandates. To the extent permitted by law, Nueces County will OPPOSE legislation that: 7. Diminishes local decision and control. 8. Requires Nueces County to perform some service or task without providing the resources necessary to perform such service or task (unfunded mandates). 9. Prohibits or limits Nueces County's ability to generate revenue through taxes or fees (against unreasonable tax or revenue caps). 10. Requires Nueces County to give more County - collected revenue to the State of Texas. Priority Issues 11. Pass the "County Efficiency Act." A non - controversial bill authored by Garnet Coleman, Chairman, County Affairs Committee, House of Representatives, to increase efficiency, improve fairness, and correct inaccuracies in current law. 12. Pass a constitutional amendment (authorize referendum) to protect local governments from unfunded mandates. 13. Oppose State cuts in Mental Health and Mental Retardation (MHMR) funding, Juvenile Probation, Community Supervision and Corrections Department, and Indigent Defense. 14. Oppose diversion of County fees and taxes, including mixed beverage alcohol taxes. 15. Clarify subdivision regulation laws to allow unilateral enforcement of subdivision regulation in the Extraterritorial Jurisdiction of cities, while not hampering the ability of a city or county to apply for and receive grant funding for subdivision improvements. 16. Prescribe a clear process for cities or counties to identify colonias for inclusion in the Secretary of State's Official List Page 1 of 2 17. Oppose changes to Jail Standards that cause an undue burden or increased costs on sheriffs or county commissioners courts. 18. Support increasing the optional allowable fee on motor vehicle registrations to provide funding for county roads and bridges. 19. Pass legislation that makes Juvenile Justice Alternatives Education Programs (JJAEP) optional for counties, and /or support full funding of JJAEP's by the State of Texas. 20. Oppose any limitation of county authority to regulate fireworks and /or outdoor burning. 21. Pass provisions making the law clear that judges need not appoint a lawyer in a suit affecting a parent -child relationship unless it is clear that Child Protective Services is seeking termination of the relationship. Allow appointment of one lawyer to represent all parties known or unknown in a suit affecting a parent -child relationship, unless the lawyer notifies the judge of a conflict of interest. 22. Amend a proposal to mandate the appointment of a second attorney in all death penalty cases to limit such appointments upon a finding of necessity by the trial court. 23. Limit court reporter salary increases to the average amount provided for all county employees. 24. Oppose changes that would weaken the disaster declaration authority of county judges. 25. Oppose requiring a person to have a law degree before they are eligible to be elected and serve as justice of the peace. 26. Where possible and where interests are similar, the County will coordinate its legislative agenda with other political jurisdictions and key community stakeholders in the region and provide assistance to those entities. 27. Oppose unreasonable minimum storage conditions for county records. 28. Support changing mandatory juror pay to reflect the availability of state reimbursement provided for in the General Appropriations Bill. 29. Explore possible legislation to either dissolve or give Nueces County Commissioners Court more control over possible uses of Road District No. 4 funding and real property. Authority Once approved by the Nueces County Commissioners Court, the Government Affairs Officer in the Office of Commissioners Court Administration shall have the authority to approach and discuss these matters before state legislators and their staff, testify before Senate and House subcommittees, and otherwise take action necessary to foster legislative support and promote the ideals listed herein. Page 2 of 2 83rd Legislative Session Priorities Texas A &M University- Corpus Christi 1. Maintain Base Funding and Minimize Additional Cuts 2. Engineering Special Item ($5 million for biennium) (Restores $1.15 million and adds $1 million to current funding) This request will allow Texas A &M- Corpus Christi to continue the development of its mechanical engineering (ME) bachelor's degree, STEM pipeline initiative (South Texas Engineering Alliance) and industry collaborations as well as plan for implementation of additional engineering programs. A &M- Corpus Christi initiated a bachelor's degree in mechanical engineering in fall 2009, predicting an enrollment of 122 by the fifth year of the program. As of fall 2012, the enrollment was 227. Two students graduated in May 2012 and one in August 2012, just three years after program implementation, triggering the process to attain ABET accreditation. The ME program also helped leverage new areas of research, including unmanned aerial vehicles (UAVS), remotely operated underwater vehicles (ROVS), and cold plasma. The Coastal Bend is experiencing industrial growth and industry partners are requesting establishment of additional programs to serve their needs, including industrial, electrical and civil engineering. Thus, the continued development of mechanical engineering and the expansion of the engineering programs are vital components for the economic development of the area. 3. Life Science Research Building ($75 million) (105,000 Gross Square Feet & 65,000 Net Assignable Square Feet) The university has a current space deficit of 231,008 square feet or 24 percent. However, this deficit is based on current enrollment and does not account for enrollment growth between 2011 and 2016, likely the earliest any new building could be completed if a Tuition Revenue Bond is awarded by the 83rd Legislature. Life sciences research is a strategic priority for the university and a Life Sciences Research Building is the first priority on our master plan. Life sciences research presently accounts for about two - thirds of our $16.24 million in research expenditures, and we have the opportunity to increase it through our expertise in the Harte Research Institute for Gulf of Mexico Studies, the Center for Coastal Studies and the College of Science and Engineering. However, appropriate facilities are needed to make the university more competitive in attracting external research funding, outstanding faculty and outstanding graduate and undergraduate students. Existing space has been renovated and repurposed to the extent possible, including enclosing and converting a loading dock to a research lab. A Life Sciences Research Building would not only allow the university to increase its capacity for obtaining research funding, but also to provide the types of engaging educational experiences to undergraduate and graduate students, including our Hispanic students, that lead to successful careers in the sciences. 4. Student Success Initiative ($11.6 million for biennium) This special item would allow A &M- Corpus Christi to meet the challenge of graduating more students in a timely manner. Our four -year graduation rate has risen steadily (from 14.3 percent for the 1995 cohort to 23.3 percent for the 2006 cohort) and is highest among institutions with Hispanic enrollment greater than 26 percent. Although we have improved, it is imperative that we do even better, which will require an investment in the success of our students. That investment will increase the educational level of the local workforce and help drive economic improvements in a region with high poverty rates. We have identified the best practices that will help students -- especially those who are first generation, arrive underprepared or have financial challenges -- stay motivated and succeed. The university continually looks for ways to scale up successful initiatives efficiently, but the most successful strategies continue to be both time and labor intensive. The first element of a success initiative is setting the expectation that students will accumulate 30 hours each year and graduate in four years. Others include bridge programs for at -risk students, required orientation programs, early warning systems to identify students experiencing difficulty, intrusive academic advising, reasonable student - faculty ratios, academic support services, opportunities such as undergraduate research and internships, and financial support through scholarships, work - study, grants and loans. (over) 5. Arts & Media Building ($51 million — includes $1 million gift) (85,000 Gross Square Feet & 55,000 Net Assignable Square Feet) An Arts & Media Building is the university's second building priority. The current facility, occupied in 1978, houses the departments of music and art and part of theatre. Issues include lack of space for rapidly growing programs; sound transmission between rooms, which is a major problem for the music and theatre programs; lack of a theatre with fly space, wings and backstage areas as well as costume loft and set workshop; ventilation issues, which are of great concern for the art program, but affect the entire building; temperature and humidity control issues that are not only uncomfortable for occupants, but also causing instruments to warp and deteriorate; and lack of storage space for disciplines with a higher need than is ordinarily the case. The programs have grown in enrollment far beyond the capacity of the building. In the three programs still occupying the building, enrollment has grown from 176 to 430, or 144 percent. Faculty and students have been resourceful in coping with the restrictions, but sustaining the level of excellence the programs are known for is becoming increasingly difficult without adequate and appropriate space. Also, a School of Arts, Media and Communication launched in August 2012 that brings together administratively the music, art and theatre programs with the media and communication programs. Faculty have designed new programs and initiatives in communication and media that address 21st Century needs, utilizing highly marketable skills. Designing a space for the school will support the growth in existing areas and allow these new initiatives to flourish. DEL MAR COLLEGE Dreams. Delivered. Del Mar College Board of Regents Agenda for the 83rd Legislative Session Workforce Alignment Texas community colleges educate 54% of all students in public higher education, 70% of all freshmen, 70% of all minorities, 60% of all registered nurses, and 84% of all emergency first responders in the state. We recommend aligning our instructional programming with Texas workforce needs and support passage of legislation to: • Align clear pathways from high school to community college career and technical education programs. • Reform the Skills Development Funding to support those programs that meet the State's workforce needs. Student Success Funding We endorse the concept of College funding based on student success, including a complete set of metrics used to measure that success that aligns with the state's comprehensive mission for community colleges. We recommend achievement of all these benchmarks be used as factors to accurately measure community colleges success: • Adult Basic Education and English for Speakers of other Languages (ESL) • GED completion • Developmental education in math, reading and writing • Gateway courses, college -level math and English • Completion of Core Curriculum • Completion of certificate, associate degree or apprenticeship • Transfer to another institution after 15 hours • Preparation for high- demand careers: health science, emergency response • Gainful employment • Funding realignments based on three -year average enrollment Further, to ensure our students have access to high quality classroom faculty and staff, we recommend reinstating employee health insurance funding to 60% of costs this Legislative session and 84% of costs next session. College Readiness To ensure students entering Del Mar College are prepared for college -level work, we recommend: -over- • Implement Mathways approach in which students complete one semester of basic college math before branching into one of three math tracks — Quantitative Literacy, Statistics, or Math for Science, Technology, Engineering and Math Majors. • Require all students to complete a Student Success course. • Support enhanced professional development for faculty. Transfer and Articulation To reduce the cost of instruction and to increase degree completion and student success, we recommend streamlining transferability and articulation of credit by: • Standardizing a pathway to Associate Degree completion through a statewide common core and fields of study curriculum. • Incentivizing Associate Degree completion and transfer for students, community colleges and universities. Texans in Community College Based on the model of Del Mar College's highly successful GED program, we recommend the state improve the success of adult basic education by: • Transferring oversight of Adult Basic Education to the Texas Higher Education Coordinating Board • Fully funding Adult Basic Education programs for community colleges. Other Issues to Monitor • Concealed handguns on campus • Representation on County Tax Appraisal Board • Required financial literacy education curriculum • Required meningitis vaccinations • Community College oversight by the Texas Higher Education Coordinating Board • Credit for military training and experience • Required Campus Emergency Alert system • Skills Development funding Trey Mc Chair, Del ell r ollege Board of Regents Date Adopted METRO 'CMAM ER$ OF TEXAS Austin Chamber C� CORPUS CHRISTI C H A M B E R O F C O M M E R C E Prosperity. Together. D A L L A S REGIONAL CHAMBER GREATER EL. PASO CHAMBER or COMMERCE FortWorth 4 f� HAMBER Id 64 The Chamber 2013 LEGISLATIVE AGENDA The Metro 8 Chambers of Commerce represent the business sectors of the eight largest metropolitan cities in Texas: Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, and San Antonio. Collectively, the Metro 8 Chambers of Commerce serve more than 20,000 businesses across the great State of Texas. While each of the Metro 8 Chambers of Commerce operates individually, serving the interests of unique constituents and come together during each legislative year to address issues that will affect all of their members and their communities. This document represents the issue priorities for the 83rd Legislative Session that each of the Metro 8 Chamber Boards have independently adopted. ECONOMIC DEVELOPMENT Highest Priority Position: • Support extending the Texas Economic Development Act sunset date; Tax Code, Chapter 313 Priority Positions: • Support Legislative Appropriations Request to appropriate the unexpended balance of the Texas Enterprise Fund, a Trusteed Program within the office of the Governor, in Article I — General Government of the 2014 -2015 biennial budget • Support Legislative Appropriations Request to appropriate the unexpended balance of the Texas Emerging Technology Fund, a Trusteed Program within the office of the Governor, in Article I — General Government of the 2014 -2015 biennial budget Standing Positions: • Support eliminating the current effective date of, thus making permanent, the exemption from franchise tax obligations of certain small businesses with total revenue less than or equal to $1 million; Franchise Tax -Tax Code, Chapter 171; Section 171.002 (d) Rates; Computation of Tax • Support legislation that enhances the state's competitiveness for high - growth industries including but not limited to: o Cloud computing and data centers o Cancer prevention and research • Support continued appropriations for existing economic development programs such as: o Texas Moving Image Industry Grant Program o Skills Development Fund METRO 8 CHAMBERS OF TEXAS< 2013 LEGISLATIVE AGENDA • Oppose legislation that weakens the effectiveness of existing economic development statutes including but not limited to: o Tax Increment Financing Act; Tax Code, Chapter 311 o Property Redevelopment and Tax Abatement Act; Tax Code, Chapter 312 o Miscellaneous Provisions Relating to Municipal Planning and Development; Local Government Code, Chapter 380 o County Development and Growth; Local Government Code, Chapter 381 o Enterprise Zones; Government Code, Chapter 2303 o Sales and Use Tax Exemptions; Tax Code, Chapter 151 EDUCATION, WORKFORCE & TALENT DEVELOPMENT PUBLIC EDUCATION The Chambers believe a strong and effective Pre - Kindergarten through 12th grade public education system for all student populations in Texas is critical to ensuring our state's economic competitiveness and sustaining a diverse educated and competitive workforce. We recommend the Texas Legislature take these actions to equip the Texas public education system to produce graduates who are college and career ready with 21st Century skills: Funding Additional loss of education resources and underfunding could threaten fulfillment of state public education constitutional and legal requirements. Texas Legislature should provide sufficient state funding and resources to exceed required student achievement standards and programs for unique student populations. • Restore public education funding to at least FY 10 per pupil funding levels • Adjust long -term formula deficiencies: update the Cost of Education Index, funding for students learning English, and include formula funding for quality full -day pre -K (pre -K program must utilize developmentally appropriate assessments, leverage available resources, coordinate with other early childhood providers, and offer teachers professional development) • Consider use of Texas Economic Stabilization Fund (Rainy Day Fund) to supplement education funding during revenue shortfalls Local District Operational and Managerial Control Return permanent authority to accredited school organizations to operate without state intervention in organizational and managerial affairs, human capital and financial resource management. Accountability and Assessment Direct the Commissioner to fully and timely implement the current accountability law while continuing review of that system to ensure it supports preparation of students who graduate college and career ready with 21st century skills. Engage education and business stakeholders and regional metro Chambers in the implementation, design, development and review of an accountability system that is clear, fair, transparent, predictable, effective and understandable to educators, students, parents and the community. The system must: • Progressively increase five -year graduation rates to 90% by 2020 for districts and campuses to retain accreditation • Provide appropriate multiple evaluations that measure progressive benchmarks which result in college /career readiness. Phase in assessment and accountability standards • Progressive increase student college /career readiness attainment rates for districts and campuses to retain accreditation METRO 8 CHAMBERS OF TEXAS< 2013 LEGISLATIVE AGENDA • Recognize student academic improvement toward the state college and career readiness standard to delay school sanctions for academically underperforming schools • Create clear, simple communication about the state's changing assessment, accountability and high school graduation expectations for educators and the public • Determine passing and accountability standards for a three -year, predictable planning horizon • Collect and report student performance data, disaggregated by ethnicity and income • Seek equally rigorous, innovative and flexible assessment and accountability models that measure deeper learning and prepare students for the global workplace. Support the work of the Texas High Performance Schools Consortium to develop innovative, next - generation learning standards and assessment and accountability systems HIGHER EDUCATION A robust, diverse higher education system is critical to the advancement of technology development and economic activity in Texas. State funding and support for grant programs must be a priority for the Legislature. • Texas should restore funding to FY10 levels for current and emerging Tier -One institutions, the Research Development Fund, the Competitive Knowledge Fund and the Texas Research Incentive Program for emerging research universities, and preserve options for universities to adjust tuition as necessary • To protect college access and increase graduation rates for academically prepared, financially needy students, the Legislature must enhance TEXAS Grant appropriation to cover 100% of eligible students • Texas should change existing formula funding to enhance efficiency and increase graduates from Texas universities and community colleges, especially in high- demand fields • The Metro 8 supports the Legislature authorizing Tuition Revenue Bonds or their equivalent for capital improvements to address public higher education institutions capacity needs • The state should establish a target amount for formula funding, community college base levels and adequate funds for enrollment growth • For enrollment in college -level coursework, Texas should ensure all assessments used to determine whether students are academically prepared for higher education should have a comparable level of difficulty at the college- readiness level WORKFORCE Texas' employers are having difficulty finding a sufficient number of qualified, technical talent to power job growth. In many cases, these jobs require certification or associate degrees in technical fields. At the same time, 964,000 Texans are unemployed. Certification and associate degree programs can help fill this employment gap and provide an identifiable future for high - school students who do not see themselves university bound. • Defend current K12 and higher education funding for dual credit courses. For CTE dual- credit courses, utilize funds efficiently by incentivizing institutions to offer dual- credit courses which fulfill industry demand and obtain a recognized industry certification with substantial labor market value or result in transferable college credit • Advanced Technical Credit: By 2015 dual- credit and career /technical credit courses become certified as Advanced Technical Credit and grant Advanced Technical Credit courses the same access the state Instructional Materials Allotment as traditional academic courses • Allow the Skills Development Funds to be more flexible in meeting industry needs in order to support their growth and development of a needed workforce METRO 8 CHAMBERS OF TEXAS< 2013 LEGISLATIVE AGENDA HEALTH CARE A healthy, high quality health care system is important to our business community and our residents. Texas continues to rank #1 in the number of uninsured as our state's health care costs continue to rise at an unsustainable rate. Medicaid Expansion The Chambers advocate for Medicaid Expansion in Texas through the Affordable Care Act. Protect Healthcare Funding — Preserve and Increase • Federal dollars supplement but do not supplant the total amount of state funding for healthcare under the 1115 Waiver • Medicaid Expansion should protect and increase physicians' reimbursement through the Affordable Care Act Mental Health The Chambers advocate for continued funding and support for community -based mental health and intensive crisis services to allow individuals with severe and persistent mental illness to receive services in an appropriate setting and divert them from more expensive and inappropriate facilities such as emergency rooms or jails. In addition, substantial cuts during the last legislative session in programs for individuals with Intellectual and Developmental Disabilities resulted in the growth of already substantial interest list. It is imperative to restore funding for these programs to reduce wait times for essential services. Since appropriate clinical intervention at a very early age is shown to decrease the need for intensive services later in life, Early Childhood Intervention programs (ages 0 -3) are also seeking to increase funding levels to those of the previous biennium. Also, programs such as Peer -to -Peer Outreach for veterans coping with mental illness and Jail Diversion initiatives aimed at individuals with a mental health diagnosis interacting with the Law Enforcement/Justice System are vital to these specialized populations. Healthcare Professional Shortages /Telemedicine The Chambers support maintaining the funding source(s) of healthcare professional shortage programs and an expanded health care workforce. The Chambers believe the state should continue to prioritize funding increases for expansion of various health care professional education programs. More specifically, the Chambers support amending the Texas Administrative Code to add an option to the 75 mile physician presence reimbursement for telemedicine supervision /support that meets all other requirements of the Texas Administrative Code for mid -level providers. TRANSPORTATION Highest Priority Position: Increasing Vehicle Registration Fees The vehicle registration fee was last increased in 1985. The Chambers urge the Legislature to raise the vehicle registration fee so that it more accurately reflects the current economic reality and restores the value of the fees to a level that will better fund transportation infrastructure throughout our state. Local governments should also be empowered by the Legislature to levy an additional local vehicle registration fee to fund local transportation projects. Priority Position: Motor Vehicle Sales Tax Allocation The Chambers support the allocation of motor vehicle sales tax revenue to the state highway trust fund to ensure that the state can better fund transportation infrastructure. ETRO 8 CHAMBERS OF 'TEXAS% 2013 LEGISLATIVE AGENDA Standing Positions: Eliminating Diversions Every year $700 million is diverted from the State Highway Trust Fund to non - transportation related purposes. These diversions combined with the $1.3 billion in debt service that TXDOT pays every year, is further slowing our state's ability to build and maintain roadway infrastructure. The Chambers support the elimination of diversion for all non - transportation programs that are not directly associated with the maintenance and expansion of the state highway system, except for the 25 percent diversion to education required by the Texas Constitution. (Please discuss with transportation committees if DPS funding, like education funding, should continue as a diversion.) Increased funding for Texas Roadways The Chambers support the development of new transportation funding mechanisms and an increase in sustainable revenue for the state highway fund to pay for maintenance and expansion of the state highway system. WATER The Chambers support and request the legislature to fully fund the Texas 2011 Statewide Water Plan through new and existing revenue sources. Without financing, the state water plan will increase in cost each year and inhibit the State of Texas to attract new businesses and jobs. It is estimated that failure to meet our future water needs could result in a reduction in income of nearly $116 billion annually by 2060. The Chambers will oppose any legislation that would unreasonably prevent the State or water providers from exercising their ability to follow water management strategies in the upcoming State Water Plan. METRO 8 CHAMBERS OF TEXAS< BACKGROUND 2013 LEGISLATIVE AGENDA ECONOMIC DEVELOPMENT Texas Economic Development Act: Chapter 313, Texas Tax Code Created by the Texas Legislature in 2001, the Texas Economic Development Act enhances the state's economic development efforts especially with securing large -scale capital investment. The Chambers support maintaining and strengthening this program to promote continued investment in large -scale projects such as manufacturing, research & development, and energy. Emerging Technology Fund (ETF) The Texas Legislature created the ETF in 2005 and appropriated funding in every subsequent session. The Chambers support continued appropriations to the ETF to continue investment in high - impact, high - growth economic development for the future. Texas Enterprise Fund (TEF) The Texas Legislature created the TEF in 2003 and appropriated funding in every subsequent session. The Chambers support continued appropriations to maintain the TEF as a vitally important economic development tool. Together, the ETF and TEF maintain Texas as a national leader for business success especially in the following targeted industry clusters: Advanced Technologies and Manufacturing; Aerospace and Defense; Biotechnology and Life Sciences; Information and Computer Technology; Petroleum Refining and Chemical Products; and Energy. Texas Franchise Tax Small business success is important to the long -term economic health of the state. Maintaining a lower tax burden for these businesses is vital to their survival. The Chambers support maintaining the no tax due threshold amount of $1,000,000 in all future years. EDUCATION, WORKFORCE & TALENT DEVELOPMENT Texas' employers are having difficulty finding a sufficient number of qualified, technical talent to power job growth. In many cases, these jobs require certification or associate degrees in technical fields. At the same time, 964,000 Texans are unemployed. Certification and associate degree programs can help fill this employment gap and provide an identifiable future for high - school students who do not see themselves university bound. WATER Texas will prepare a revised State Water Plan with input from 16 regional water planning groups. With population projected to double in Texas by 2050, each region has been tasked with the continuous process of developing a balanced plan every five years, responding to changing climate, environmental, socioeconomic and demographic conditions. Although much of Texas is no longer in drought conditions, we are still dealing with the effects of the worst drought in decades. Failure to provide an adequate water supply could inhibit businesses from attracting quality employment and deter businesses from locating within our state. TML TEXAS MUNICIPAL LEAGUE President Leonard Reed, Mayor, Willis Executive Director Bennett Sandlin August 30, 2012 MEMORANDUM TO: Officers and Members of the TML Legislative Policy on Personnel and Pension Reform FROM: Laura Mueller, Assistant General Counsel SUBJECT: Summary of Actions Taken at the Two Committee Meetings (June 1 and August 24, 2012) Attached is a summary of all recommendations made at either of the two committee meetings. The recommendations are divided into the following categories: • Support — for these initiatives, the committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. • Endorse — for these initiatives, the committee recommended that TML make its support known as time allows. • Oppose — for these initiatives, the committee recommended that the League actively and vigorously oppose the passage of related legislation. • Take No Position — for these initiatives, the committee recommended that the League take no position or no action on related legislation. The attached summary of recommendations is, in effect, your Committee Report. It will be put into resolution form and submitted to the 2012 TML Resolutions Committee when it meets in Grapevine on Tuesday, November 13, 2012, in conjunction with the TML Annual Conference. The membership of the Committee on Utilities and Transportation will be well represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. If you have any questions or comments, please feel free to contact us at any time. cc: TML Officers Municipal Intergovernmental Liaisons 1821 Rutherford Lane, Suite 400, Austin, Texas 78754 -5128 P 512- 231 -7400 F 512 -231 -7490 • www.tml.org TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON PERSONNEL AND PENSION REFORM Summary of Actions Taken 1. Disease Presumption The Committee voted to recommend that TML oppose legislation that would substantively change or expand the scope of the current disease presumption law. 2. Meet and Confer /Collective Bargaining The Committee voted to recommend that TML oppose any state or federal legislation that would make meet and confer mandatory or expand the current meet and confer law. The Committee voted to recommend that TML oppose any state or federal legislation that would make collective bargaining mandatory or impose expanded collective bargaining rights. 3. Civil Service The Committee voted to recommend that TML oppose legislation that would enact detrimental amendments to the civil service law (Chapter 143 of the Texas Local Government Code). 4. Mandated Health Benefits The Committee voted to recommend that TML oppose legislation that would impose healthcare or prescription drug mandates or enhancements. 5. Mandatory Leave The Committee voted to recommend that TML oppose legislation that would mandate city -paid leave for city employees for specific purpose. The Committee voted to recommend that TML take no position on legislation that would require a city to grant leave from work for municipal employees provided the leave meets each of the following criteria: (1) it is unpaid; (2) it must be used to address serious family or health issues; and (3) it is of a reasonably short duration. 6. Police Officer Termination Reports The Committee voted to recommend that TML support legislation that would remove the requirement that cities come to the State Office of Administrative Hearings in Austin to oppose disputed police termination reports. 2 7. EMT Training The Committee voted to recommend that TML support legislation that would allow high school, students to serve as EMT trainees while earning dual credit towards their high school diploma and EMS certification. 8. Defined Benefit v. Defined Contribution The Committee voted to recommend that TML oppose legislation that would further erode local control as it pertains to retirement issues. 10. Flexible ?ost of Living Adjustments (COLAS) The Committee voted to recommend that TML endorse legislation that would create additional, flexible cost -of- living adjustment (COLA) options that are not retroactive to a retiree's date of retirement, such options to possibly include one -time increases tied to increases in the consumer price index (CPI) or flat percentage increases. 11. Threshold for Participation in TMRS The Committee voted to recommend that TML support legislation that would allow a city (for the purpose of TMRS participation) to define "full time" as 1,000; 1,250; or 1,500 hours anmuully. 12. Gain-Sharing Options The Committee voted to recommend that TML oppose legislation that would mandate gain - sharing between cities and employees as it relates to investment earnings of TMRS. 13. Two- Tiered Plans The Committee voted to recommend that TML take no position on legislation that would allow cities to adopt a two- tiered plan within the framework of its retirement system. 14. Collective Bargaining/TMRS The Committee 'voted' to recommend that TML oppose legislation that Would provide that collective bargaining and .Meet and confer statutes preempt the Texas Municipal Retirement System statute (as they pertain to retirement matters). 3 TML TEXAS MUNICIPAL LEAGUE President Leonard Reed, Mayor, Willis Executive Director Bennett Sandlin August 30, 2012 MEMORANDUM TO: Officers and Members of the TML Legislative Policy Committee on General Government FROM: Scott Houston, General Co»nsel SUBJECT: Summary of Actions Taken at the August 24 Committee Meeting Attached is a summary of all recommendations made by the committee at our August 24 meeting. The recommendations are divided into the following categories: • Seek Introduction and Passage for these initiatives, the committee recommended that the League draft appropriate legislation, seek a sponsor for that legislation, and actively pursue passage of such legislation by providing testimony and through other means. • Support — for these initiatives, the committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. • Endorse — for these initiatives, the committee recommended that TML make its support known as time allows. • Oppose -- for these initiatives, the committee recommended that the League actively and vigorously oppose the passage of related legislation. • Take No Position — for these initiatives, the committee recommended that the League take no position or no action on related legislation. The attached summary of recommendations is, in effect, your Committee Report. It will be put into resolution form and submitted to the 2012 TML Resolutions Committee when it meets in Grapevine on Tuesday, November 13, 2012, in conjunction with the TML Annual Conference. The membership of the committees will be well represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. If you have any questions or comments, please feel free to contact us at any time. cc: TML Officers Municipal Intergovernmental Liaisons 1821 Rutherford Lane, Suite 400, Austin, Texas 78754 -5128 P 512-231-7400 • F 512 - 231 -7490 • wrw.tml.org REPORT OF THE TAIL LEGISLATIVE POLICY COMMITTEE ON GENERAL GOVERNMENT I. Seek introduction and passage of legislation that would exempt candidate forums from the definition of a "meeting" in the Texas Open Meetings Act. II. Support legislation that would: A. Appropriate funds from the Law Enforcement Officer Standards and Education Fund to their intended purpose so that law enforcement agencies can continue to meet mandatory state training requirements. B. Provide that, in relation to a police officer termination report: (1) a State Office of Administrative Hearings judge is the person to sign a report that overturns a police chief's reason for termination; and (2) legal costs for cities in dispute are reduced. C. Authorize sobriety checkpoints and other driving while intoxicated (DWI) prevention and enforcement tools without limitation to population, including the use of ignition interlocks on those convicted of a DWI offense. D. Appropriate funds from the Emergency Radio Infrastructure Account to their intended purpose. E. Authorize a city using the design -build method of procurement to choose a "guaranteed maximum price" cost structure. F. Permit the redaction of sensitive information in local official financial statements prior to disclosure. G. Repeal the requirement in current law that a city must first offer to remove graffiti free of charge prior to requiring the property owner to remove it. H. Authorize a home rule city to seek injunctive relief for the violation of any municipal ordinance. III. Endorse legislation that would: A. Clarify the authority of general law cities to enact sex offender residency restrictions. B. Permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation, or sales of specific breeds of dogs within a local municipality and/or support the repeal of state law that prohibits breed - specific regulations by home rule municipalities and local municipalities. C. Enhance the penalty for hacking into a government -owned computer. 2 D. Enhance the penalty under the "failure to stop and render aid" law when a fatality results-from-an accident.. . -- --- - - E. Increase the maximum fine amount for class C misdemeanors, including municipal ordinance violations. F. Expand or remove the population bracket in Section 253.103 of the Local Government Code, which relates to the donation of real property in certain, limited circumstances. G. Encourage the recreational use of land that is owned by a railroad and/or a public utility by limiting the liability of the railroad and/or public utility for such use. H. Provide procedures for the disposition of a weapon that is confiscated pursuant to an emergency detention order. L Authorize the Texas Alcoholic Beverage Commission to consider evidence of criminal prosecutions when assessing penalties against violators. N. Oppose legislation that would: A. Erode municipal authority in any way, impose an unfunded mandate, or otherwise be detrimental to cities. B. Repeal or limit red light camera authority generally. (Further, the committee recommends that TML defer to the Texas Red Light Coalition on more detailed matters relating to revisions to red light camera policy. C. Erode municipal authority to regulate or abate a nuisance in the city limits or ETT. D. Expand the definition of "public- information" that is held by a private entity. E. Erode existing municipal authority relating to sex offender residency restrictions, or create a state standard that preempts current or future municipal sex offender residency restrictions. F. Prohibit peace officers from making arrests for any offense. G. Erode the- authority' of .cities tO. tow vehicles --for no insurance -or_ no driver's. license, .or exempt motorists from having to pay any vehicle impoundment fee. H. Mandate jail standards for city jails or mandate any form of certification for city detention Officers. I. Eliminate any of the current uniform election dates. 3 J. Impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state, Meanwhile, the League should encourage the state to properly appropriate funds from dedicated accounts that are funded from court fees. K. Permit the waiver of appearance at a municipal court trial. L. Give state fees and costs precedence over city fees and costs in municipal court. M. Specify what and how cities may regulate with regard to cell phones. N. Repeal existing municipal ordinances relating to cell phone bans or create a state standard that preempts more restrictive current or future municipal cell phone bans. 0. Erode municipal sovereign immunity. P. Restrict or limit indemnification clauses in construction contracts. Q. Limit or prohibit the authority of city officials to use municipal funds to communicate with legislators. R. Limit or prohibit the authority of the Texas Municipal League to use any revenue, however derived, to communicate with legislators. S. Require the reporting of lobbying activities beyond the requirements in current law. T. Preempt or prohibit the regulation of payday and auto title lenders by a city. U. Preempt existing or future bans on the use of plastic bags in a city. V. Impose a statewide smoking ban that would preempt existing or future municipal smoking bans. W. Ban or limit the ability of cities to engage in proprietary functions. X. Erode current municipal authority over establishments that are licensed by the Texas Alcoholic Beverage Commission to sell alcohol. Y. Prevent law enforcement from utilizing mandatory blood draws for driving while intoxicated enforcement. V. Take no position on legislation that would: A. Mandate a DNA sample from any person arrested for a class B misdemeanor or greater offense. 4 B. Require additional, mandated training for municipal fire chiefs (including any Texas - Commission on .Fire. Protection administrative rule that would impose the - - requirement): _ ._...... C. Modify a city's process for releasing and discussing information related to requests for proposals to the public and competing offerors. VI. Other A. The committee recommended that, should legislation be filed that relates to immigration and that would affects cities, TML staff seek the guidance of the TML Executive Committee regarding the League's position on such legislation. B. The committee recommended that, should legislation be filed that would modify the "thirty- percent" budget limitation relating to traffic fine revenue for cities under 5,000 population, TML staff seek the guidance of the TML Executive Committee regarding the League's position on such legislation. 5 TEXAS MUNICIPAL LEAGUE August 30, 2012 MEMORANDUM Praidotit,teontrd)R000, Mayor, WIWs Ex.00utive''.oirootraenuott- $401in TO; Officers and Members of the TML Legislative Policy Committee on Revenue and Tax FROM: Bill Longley, Legal Counsel SUBJECT: Stmunary of Actions Taken at the Two Committee Meetings (May 4 and August 24,2012) Attached is a summary of all reconunenclations made at either of the two committee meetings. 'rite recommendations are divided into the following categories: Seek Introduction and Passage — for these initiatives, the committee recommended that the League draft appropriate legislation, seek a sponsor for that legislation, and actively pursue passage of such legislation by-providing testimony and through other a. Support for these • initiatives, the committee recommended that the League • actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. indorse — for these initiatives, the committee recommended that Da niab its support .1mown as time allows, Oppose — for these initiatives, the committee recommended that the League actively and vigorously oppose the passage of related legislation. Take No Position — for these tativs, the coininiitee recommended that the League take no position or no action on related legislation. The attached summary of recommendations is, in effect, your Committee Report. It will be put into resolution form and submitted to the 2012 TML Resolutions Committee When it 'meets in Grapevine on Tuesday„ November 13, 2012, in conjunction with the TML Annual Conference. The membership Of the Committee on Utilities and 'Transportation will be. well on the Resolutions COMMittee to ensure that the attached Committee Report gets apptoptiate oomideradon. If you have any questiens or cornment,s, please feel free to contact us at any time. cc: ',CMG 0 cers Mirnicipal Intergovernmental Liaisons 4821.Rotiorraid Lane suite 400, Austin,, iesps,7074,5128 P. 512431-74QQ • F 612'.-231-7490 wyowtragrg TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON MUNICIPAL REVENUE AND FINANCE Summary of Actions Taken 1. Appraisal Caps The Committee voted to recommend that TML oppose legislation that negatively expands appraisal caps. The Committee voted to recommend that TML take no position on legislation that would authorize a council- option reduction in the current ten - percent cap on annual appraisal growth. 2. Revenue, Tax, and Expenditure Caps The Committee voted to recommend that TML oppose legislation that would impose a revenue cap of any type, including a reduced rollback rate, mandatory tax rate ratification elections, lowered rollback petition requirements, limitations on overall city expenditures, exclusion of the new property adjustment in effective rate and rollback rate calculations, or legislation that lowers the rollback rate and gives a city council the option to re -raise the rollback rate. 3. Effective and Rollback Rate "Reform" The Committee voted to recommend that TML support legislation that would simplify the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves, nor upon the hold harmless exemptions to those rates. 4. Property Tax. Exemptions The Committee voted to recommend that TML oppose new property tax exemptions that substantially erode the tax base. 5, Property Tax Exemption for Disabled Veterans The Committee voted to recommend that TML support legislation that would help offset the losses incurred by cities disparately impacted as a result of H.B. 3613 adopted in 2009. 6. Tax Freezes The Committee voted to recommend that TML oppose legislation that would impose a property tax freeze that can be implemented by any mechanism other than council action. 7. Centralized Collection of PropertvTaxeS The Corninitted voted to recenunerid that TML oppose legislation '. that would remove the , authoritynfa city- to collect its ovvnpropertY taxes. 8. Sales Price Disclosure The Committee voted to recommend that TML support legislation requiring mandatory disclosure of real estate sales prices. 'Prop 2" Pollution Control Exemption The Colnmittee voted to recommend that TML support legislation that would clarify that the "Prop 2" ',dilution control property tax exemption isn't meant to apply to the environmental characteristics of end products. The Committee voted to recommend that TML oppose kgislation that would extend the "Prop 2" control pr f ih s end d et pollution con 1 property tax exemption to ocesses, ac , or ens. pro u s. 10. Rolling Average Appraisals The. Committee voted to reconunend that TML oppose legislation that would erode,the cencept that appraisals must refleet the true market value of property. 11. Homestead Exemption Increases The Commi.ttee voted to recommend that TML take no position on legislation that would allow a council-option city homestead exemption of up to 30 percent. •The Committee voted to recorranend that TML oppose legislation that would impose new mandatory homestead exemptions Or exeinption increases. 12. CHDOs The Committee voted to take no position on legislation that would or contract eligibility for the CHDO property tax exemption (other than legislation relating to municipal approval of CHDO eXeinpfions). 13. Sales Tax Exemptions The Coinittittee voted to recommend that TML orm9se any sales tax exemption- that would substantially erode the sales fax base or remove any items from the-sales tax base. The Committee voted to recommend that 'MIL oppose legislation that would lengthen or broaden the scope of the- current sales *x 14. Sales Tax for Property Tax Relief The Committee- voted to recommend. that TML support legislation that would create. a new Conneit-Optioncity tak fOr property fax relief tbat may exceed thetwo-percent local cap. The, 'Corrinifttee voted to recortmietid- that 'TML 'sttOnort ,legislation that 'would automatically , , 'convert existing sales taxes for property fax relief to any newly-created tax for property relief that would not count againstthetWO-pereent le* cap. Tho,COmmittee,voted to recommend that TML-opposee requireincrit'thatthe, adoption Oa new sales tax for property tax relief :shall result iii asloWer, property fax rollback rate for the adopting city. 15, Expansion of Sales Tax Base The Committee voted to recommend that TML support legislation that expands the sales fax base but only if the city fax base fully benefits from the expansion. The Committee voted to recommend that TML, oppose legislation that would expand the sales tax base without fully benefitting the city tax base. 16. Streamlined Sales Tax Project/Sales Tax Sauteing The Conunittee voted to recOmmend that DWI, .oppose legislation that would alter the city share or the calculation or sourcing of city sales taxes. The Conunittee voted to -recommend that TML seek introduction and passage of legislation that would convert the sales fax reallocation process from a ministerial process into 'a mote formalized administrative process that would„ at a minimum, require prior notice to all affected parties. 17. Tyne A/Type 13 Sales Taxes The Committee voted to recommend that TiVIL take no position on legislation that would broaden the authority of Type A or Type B sales tax corporations. The Committee voted to reconunend that TML take no position on legislation that would limit the authority of Type A or Type 8 sales tax corporations. 18. Emergency SeryiccDistricts and Sales Taxes The Committee voted to recommend that 'MIL seek introduction and passage of legislation that would authorize cities —in relation to annexation, planned annexation, voluntary annexation, negotiated annexation, or limited purpose annexation—to replace some or all emergency services district (ESD) sales taxes in an area with city sales taxes, provided an ESD's existing sales tax debt is proportionately and reasonably provided for in some manner, The Committee voted to recommend that INC support legislation that would permit a municipal development district's sales tax, notwithstanding a competing ESD sales tax, to apply in the - extraterritorial jurisdiction, as current law allows, provided an LSD's existing sales tax debt is proportionately and reasenahly provided for in some manner. The Conunittee voted to recetinnend that TM endorse legislation that would allow cities to remove themselves from ESDs if the City is capable of providing the services. 19. Elections to Issue City Debt The Corranittee voted to recommend that TM1 oppose legislation that would expand election requirements for issuance of any city debt or that would impose 4 petition/election procedure where none currently exists. 26. RV Park Rotel/Motel Tax The Committee voted to recommend that TML suPport legislation that would apply hotel occupancy taxes to RV parks,,,except for stays oflonger than 30 days, 21. Local Parks Grants funding The Conunittee voted to recommend that TML endorse legislation that would increase future local parks ftmding. The Committee voted to recommend that TML oppose legislation that would cut state appropriations for future local parks grant funding. The Committee voted to recommend that TML oppose legislation that would divert sporting goods sales taxes away from use for parks. The Committee voted to recommend that TML oppose legislation that would create earmarks of local parks grant funds. 22. Major Events Trust Fund The Committee voted to recommend that TML oppose legislation that would limit or eliminate the current flexibility of the Major Events Trust Fund as a tool for cities to attract or host major events and conventions. Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, September 18, 2012 12:00 PM Council Chambers A. Call meeting to order. Mayor Adame called the meeting to order at 12:03 pm. B. Invocation. The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Joe Adame. D. Roll Call. City Secretary Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting: Council Member Martinez arrived at 12:15 pm. Present: 9 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott E. Proclamations / Commendations 1 F. MINUTES: Proclamation declaring September 17 -23, 2012 as "United States Constitution Week" Swearing -in ceremony of newly appointed board, commission and committee members Mayor Adame read and presented the Proclamation(s). 2 Approval of Meeting Minutes - September 11, 2012. A motion was made by Council Member Scott, seconded by Council Member Marez to approve the minutes as presented and passed. Corpus Christi Page 1 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 G. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 3 - 12) Mayor Adame called for consideration of the Consent Agenda, Items 3 - 12. Mayor Adame asked for comments from the audience. There were no comments. The items were approved by one vote: 3 Service agreement for household hazardous waste disposal Motion approving a service agreement with Stericycle Specialty Waste Solutions, Inc., Tulsa, Oklahoma for household hazardous waste disposal in accordance with Bid Invitation No. BI- 0169 -12, based on lowest responsible bid, for an estimated three -year expenditure of $377,029.20 of which $109,630.39 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for thirty -six (36) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: M2012 -166 4 Amendment to a State contract to extend contract and add services for re- inventory of artifact collection Resolution authorizing the City Manager or designee to execute 3rd amendment to the interagency cooperation contract with the Texas Historical Commission which extends the term of the contract through December 31, 2013 and modifies the services to be performed The foregoing resolution was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029625 Corpus Christi Page 2 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 5 Authorization to submit a State grant application to study at -risk hazardous materials transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029626 6 State service agreement to analyze recreational beach water samples for water quality and public health and safety 7 Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2012. The foregoing resolution was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029627 Renewal of federal joint funding agreement to continue use of automated river gauging stations for recording inflows and releases of City's reservoir system Corpus Christi Page 3 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S.Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $155,864. The foregoing motion was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: M2012 -167 8 Construction contract for new mechanical bar screen and grit removal improvements for wastewater treatment plant 9 Motion authorizing the City Manager, or designee, to execute a construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $2,772,662.00 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements for the Base Bid plus Additive Alternate No. 1 and 2. The foregoing motion was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: M2012 -168 Second Reading Ordinance - Accepting and appropriating a State grant to continue clinical services for infrastructure and maintenance of clinics. (1st Reading - 9/11/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services. The foregoing ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 4 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029628 10 Second Reading Ordinance - Accepting and appropriating a State grant to fund immunization education services (1st Reading - 09/11/12) Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant amendment in amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for Immunization education services. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029629 11 Second Reading Ordinance - Accepting and appropriating a State grant to fund WebEOC operations (1st Reading - 9/11/12) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $20,000 for the benefit of the City's WebEOC operations; and appropriating $20,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029630 Corpus Christi Page 5 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 12 Second Reading Ordinance - Transferring and appropriating funds for pavement repairs required at Ocean Drive and Elizabeth Street (1st Reading - 9/11/12) Ordinance appropriating $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund and transferring into Street CIP Fund 3530 for the Emergency Repair - Ocean Drive at Elizabeth Street Pavement Repair Project; amending FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11088 Ocean Drive at Elizabeth Street; increasing revenues and expenditures in the amount of $553,839.90; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $553,839.90. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029631 J. EXECUTIVE SESSION: (NONE) K. PUBLIC HEARINGS: (ITEMS 13 - 14) 13 Change of zoning from the multifamily 1 district to the single - family 6 district located at 2302 Flour Bluff Drive Case No. 0712 -04 Mohammad Rezaei: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial and medium density residential to low density residential. The property to be rezoned is described as being 8.943 acres out of the North one -half (%2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Purdue Road and Flour Bluff Drive. Planning Commission and Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon Corpus Christi Page 6 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 application by Mohammad Rezaei ( "Owner "), by changing the UDC Zoning Map in reference to 8.943 acres out of the North one -half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Mayor Adame referred to Item No. 13. Mark Val Vleck, Interim Director of Development Services stated that this zoning case was presented under the Future Agenda and is considered non - controversial. A motion was made by Council Member Marez, seconded by Council Member Leal and passed to open the public hearing. There were no comments. A motion was made by Council Member Elizondo, seconded by Council Member Scott and passed to close the public hearing. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029632 14 Change of zoning from the single - family 6 district to the resort commercial district located at 14101 Commodores Drive Case No. 0812 -01 Steven Bright: A change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Island Fairway Estates, Block 34, Lot 21, located along the southwest corner of Commodore's Drive and Aquarius Street. Planning Commission and Staff Recommendation (August 1, 2012): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District and, in lieu thereof, approval of the "RM -AT" Multifamily AT District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Steven Bright, on behalf of Calvin F. Bright ( "Owner"), by changing the UDC Zoning Map in reference to Island Fairway Estates, Block 34, Lot 21 from the "RS -6" Single - Family 6 District to the "RM -AT" Multifamily AT District; amending the Comprehensive Corpus Christi Page 7 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Mayor Adame referred to Item No. 14. Mark Van Vleck, Interim Director of Development Services stated that this zoning case was presented under the Future Agenda and is considered non - controversial. A motion was made by Council Member Elizondo, second by Council Member Leal and passed to open the public hearing. There were no comments. A motion was made by Council Member Elizondo, seconded by Council Member Leal and passed to close the public hearing. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 Enactment No: 029633 L. REGULAR AGENDA: (ITEMS 15 - 18) 15 Construction contract for Downtown Streets project (Chaparral) (BOND 2008) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,819,070.00 for the Downtown Streets - Chaparral Project for the Base Bid; authorizing the removal of the catenary poles, specialized street lights and paver covers at utility cleanouts from the Base Bid. (Bond 2008) Mayor Adame referred to Item No. 15. Dan Biles, Director of Engineering stated that this item is for the award of a construction contract for the Downtown Streets - Chaparral and it is a Bond 2008 project. Mayor Adame asked for comments from the audience and the following citizens spoke regarding this item: John Schlider, Johnny French, and Jerry Garcia. The foregoing motion was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: M2012 -169 16 Analysis and summary of the Request for Proposal response for Corpus Christi Page 8 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 operation and management of the American Bank Center Motion directing the City Manager or designee to: i) prepare a document analyzing and summarizing the financial and strategic options available to the City for the operation and management of the ABC; (ii) provide recommendations to the City Council related to the operation and management of the American Bank Center; and (iii) conduct time - limited negotiations with SMG for the operation and management of the American Bank Center (ABC). Mayor Adame referred to Item No. 16, Wes Pierson, Assistant City Manager stated that item is directing staff to negotiate with SMG for the operation and management of the American Bank Center for a five year term. Mayor Adame asked for comments from the audience and the following citizens spoke: Abel Alonzo and Jerry Garcia. The foregoing motion was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Loeb Abstained: 0 Enactment No: M2012 -170 17 Approval of the settlement agreement with the United States Department of Justice Motion authorizing the City Manager or his designee to approve the settlement agreement with the United States Department of Justice in Case No. 2:12 -cv- 00217, United States of America v. City of Corpus Christi, Texas, in the U.S. District Court, Southern District of Texas, Corpus Christi Division. Mayor Adame referred to Item No. 17. Carlos Valdez, City Attorney stated that this item is approving a settlement agreement with the United States Department of Justice related to a lawsuit filed by the United States Department of Justice filed against the City alledging a disparity in the hiring of female police officers when compared to the hiring of male police officers. He stated that the city had arrived at a settlement agreement in the best interest of the city. Mayor Adame asked for comment from the audience and the following citizen spoke: Abel Alonzo. The foregoing motion was passed and approved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -171 Corpus Christi Page 9 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 18 Resolution declaring intent to establish a street user fee Resolution declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. Mayor Adame referred to Item No. 18. Oscar Martinez, Assistant City Manager provided a brief overview of the Street User Fee Resolution and discussed the modifications made due to council input. Mayor Adame asked for comments from the audience and the following citizens spoke: Abel Alonzo, Trian Serbu, and Jerry Garcia. A motion was made by Council Member Loeb to add "subsequent to stakeholder input" to Item 23 of the resolution, seconded by Council Member Martinez and passed. The foregoing resolution was passed and approved as amended with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Leal Abstained: 0 Enactment No: 029634 M. FIRST READING ORDINANCES: (ITEMS 19 - 22) 19 First Reading Ordinance - Appropriating and transferring funds to be used for capital expenditures Ordinance appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -13 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures by $65,417. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 20 First Reading Ordinance - Executing a sublease agreement to build and operate a bicycle motocross track on a portion of Manuel Q. Corpus Christi Page 10 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 21 22 Salinas Park at 1354 Airport Road Ordinance authorizing the City Manager, or his designee to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 First Reading Ordinance - Accepting and appropriating a State grant; transferring and appropriating City /InKind match to fund victims of crime Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund; and appropriating the $79,188.69 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Council Member Elizondo and Council Member Loeb Abstained: 0 First Reading Ordinance - Appropriating funds for purchase of 164 In -Car Video Recording Systems and completion of fiber network for police substations Ordinance appropriating $1,216,225 in the General Fund No. 1020 for Corpus Christi Page 11 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 N. FUTURE AGENDA ITEMS: (ITEMS 23 - 25) 23 Mayor Adame referred to the Future Agenda section, Items 23 - 25. Mayor Adame stated that these items are for informational purposes only and that no action or public comments would be taken at this item. City Manager Olson stated that staff would provide a presentation on Item 25. Deferment agreement with Calallen Retail Partners, L.P., for public improvements located at the Southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889. Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with Calallen Retail Partners, L.P. ( "Developer "), in the amount of $228,800.00 for public improvements to property located at the southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. This Motion was recommended by staff to the Consent Agenda. 24 Employee Transition Plan for the Professional Service Management Agreement for the Corpus Christi Museum of Science and History Motion authorizing the City Manager or his designee to execute the Employee Transition Plan with Corpus Christi Museum Joint Venture Corpus Christi Page 12 Printed on 9/20/2012 City Council Meeting Minutes - Final September 18, 2012 (CCMJV), amending the Professional Service Management Agreement to operate and manage the Corpus Christi Museum of Science and History. This Motion was recommended by staff to the Consent Agenda. 25 Professional services contract amendment for the extension of a runway and taxiway threshold and two new taxiways Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. This Motion was recommended by staff to the Consent Agenda. O. UPDATES TO CITY COUNCIL: (NONE) P. Public Comment. Mayor Adame referred to public comment. Jerry Garcia asked about what propositions are included in the Bond 2012 election; Mike Staff thanked the council for their support on the In -car Video Cameras and the Crime Advocate grant, and expressed concern with the Street User Fee resolution. Q. CITY MANAGER'S COMMENTS: Update on City Operations City Manager Olson stated that Troy Riggs, Assistant City Manager has submitted his resignation and that he intends to appoint an Interim Assistant City Manager. He also stated that he intends to hire a recruitment firm to assist with the search. R. ADJOURNMENT There being no further business to come before the council, Mayor Adame adjourned the meeting at 2:20 pm. Corpus Christi Page 13 Printed on 9/20/2012 a. ARTS AND CULTURAL COMMISSION - Three vacancies with terms to 9 -01 -15 representing the following: 1 — Economic Development/Tourism, 1 — Marketing, and 1 — Visual Arts. (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 Paul Duke (Architecture) 9 -01 -14 5 -08 -12 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 -12 6 -12 -07 Dianna Bluntzer -Dura (Public Art/ Public Space) 9 -01 -13 9 -29 -09 Patricia Reinhardt - Mondragon (Youth/Education) 9 -01 -14 4 -10 -12 Brad Kisner (Higher Education) 9 -01 -14 4 -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 reappointment of Joseph B. Schenk (Visual Arts) and the new appointments of Sean Mintz to the Economic Development/Tourism category and Stephen Rybak to the Marketing category.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Joseph B. Schenk (Visual Arts) 8 6(1 exc.) 88% OTHER INDIVIDUALS EXPRESSING INTEREST: Diana Vela Carter Yvonne Fernandez Bryan G. Hall Cathy Harrison Alexis Hunter Art Teacher, Montclair and Crockett Elementary Schools, and Art Instructor at both Art Center of Corpus Christi and Art Museum of So. Texas. Recipient of national art teachers scholarship and studied in Cuernavaca, Mexico. Activities include: mentoring new teachers who enter CCISD, and volunteers with former lower socio- economic students. Volunteers teaching art classes at Lion's Club, Senior Centers and area churches. Runs local Art "Tie - dye" business, participates in Friday Art Walk, Rockport and Fulton Trade Days. (Visual Arts) (Economic Development) (9/04/12) Merchandising Executive for South Central Region, Macy's Department Store. Pursuing BBA and Management degree at Del Mar College, transferring to TAMU -CC. Activities include: Embajador of Corpus Christi Hispanic Chamber of Commerce, Young Business Professionals of the Coastal Bend, and Alpha Beta Gamma. (Marketing) (Economic Development/Tourism) (7/31/12) Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Pi Fraternity, and volunteers at community events. (Visual Arts — Interior Design) (7/20/12) Owner, Harrison's Landing, Tavern on the Bay, Cathy's Boutique & Gifts, and Yachting Center. Received a Bachelor's of Business Administration in Marketing. (Marketing) (Economic Development/Tourism) (9/12/12) Owner /Interior Designer, Alexis Hunter, Inc. Received B.S. in Interior Design from the University of Texas at Austin. Previous owner retail gift shop, "The Dock Box ". Activities include: Texas Cultural Trust, Texas Women for the Arts, Art Museum of South Texas, Heritage Park Foundation, King High School PTA, Order of de Pineda, Las Donas de la Corte, Legislative Ladies Club, American and Texas Association of Interior Designers, Esperanza Garden Club, Republican Women's Club, Ronald Sean Mintz Ben Molina Stephen Rybak Sharon Custer Sedwick McDonald House, Mi Casa Su Casa, Heart and Cattle Barons Ball. (Visual Arts — Interior Design) (Economic Development/Tourism) (9/13/12). Chief Operating Officer, Centurion Medical Liability Protective. Attended W.B. Ray High School. Received a BA from Austin College in Sherman, Texas. Received a Faculty of Medicine - Tijuana, Mexico International VIIDAI, with University of Baja, California, and obtained an Master of Public Health, Environmental & Occupational Health from San Diego State University. Previous President of Environmental Solutions - Bioremediation and Microbial Solutions, Previous Owner of the following businesses: Mako Communications - Television Broadcast, Mako GP - Oil & Gas Exploration and Production, Maxim Capital - Venture Capital - Film Production, Panevia Corporation - Land Development, Transload Equipment. Activities include: Master Mason - Corpus Christi Lodge #189, CC Yacht Club, CC Pistol & Rifle Club, Port Aransas Rod & Reel Club, Art Museum of South Texas. (Economic Development/Tourism) (9/11/12) General Manager, Apex Engineers and Pinnacle Roofing Systems. Licensed Mold Assessment Consultant and familiar with building codes and AutoCAD. Activities include: Young Business Professionals, Habitat for Humanity - Treasurer, Corpus Christi "40 under 40" — 2011 recipient. Former member Zoning Board of Adjustment. (Economic Development/Tourism) (3/7/12) Principal /Creative Director, Morehead/Dotts/Rybak. He received a Bachelor of Arts in Marketing from Texas A &M University- Corpus Chri sti. Activities include: creator /developer of Velocity Games, now U.S. Wind & Water Open, developer of brand and marketing strategy for Conquer the Coast, Destination Bayfront Marketing and Programs Committees, Heritage Committee of the Buccaneer Commission, co- founder of The SpokesPeople and Corpus Christi Ride -In Theater. Also serves on CrimesStoppers board. Named to Corpus Christi's 40 under 40 in 2009. (Marketing) (Economic Development/Tourism) (8/28/12) Owner/President, A Different Idea Inc./Newton Manufacturing. Activities include: K Space Contemporary. Former activities include: Corpus Christi YWCA, YWCA's Y Women In Careers, and American Cancer Society. (Marketing) (11/07/11) Zee Zepeda Owner/President, Nuevo Cafe, 517 a Cafe, Bite Me! Restaurants, Inc. Restaurant and Art Space Owner. Activities include: Texas Restaurant Association - Corpus Christi Chapter, former member Corpus Christi Chamber of Commerce. (Marketing) (Visual Arts) (4/19/11) b. COMMITTEE FOR PERSONS WITH DISABILITIES — Two (2) vacancies with terms to 2- 01-14. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non - voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE ** *Thomas Dreyer 2 -01 -14 2 -19 -08 Donnie Contreras 2 -01 -14 3 -20 -12 Harvey Salinas 2 -01 -13 2 -20 -07 Sabrina Ramirez 2 -01 -13 4 -12 -11 Alana Manrow 2 -01 -13 8 -31 -10 M. Bertha Romero 2 -01 -14 2 -09 -10 ** *Irene Martinez 2 -01 -14 2 -19 -08 Carlos Vargas, Chair 2 -01 -13 11 -11 -08 Darren Bates, Vice -Chair 2 -01 -13 3 -09 -10 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Committee for Persons with Disabilities is recommending the new appointments of David Ramos and Anthony Mulheron.) INDIVIDUALS EXPRESSING INTEREST: Marshall Burns Mobility Coordinator, Corpus Christi Regional Transportation Authority. Received a BA in Psychology from Texas A &M University - Corpus Christi. Activities include: Served on Regional Committee for Accessible Larisa Ford, Ph.D., MPA Linda L. Lindsey Anthony John Mulheron David Ramos Lillian Taylor Transportation (RCAT), and Easter Seals' Foundation' s Accessible Transportation Coalition Initiative Access Team. (2/06/12) Senior Biologist, U.S. Fish & Wildlife Service. Received a B.S. in Marine Biology from Texas A &M University - Galveston, an M.S. in Microbiology from Texas A &M University - College Station, a Ph.D. in Veterinary Microbiology (Minor: Fisheries) from Louisiana State University and a Masters of Public Administration (Environmental Track) from Texas A &M University- Corpus Christi. Former Educator, Sinton ISD. Certified Fisheries Scientist, Certified Open Water SCUBA Diver. Activities include: Served as a Special Emphasis Program Coordinator for Disabilities at U.S. Fish & Wildlife Southwest Region 2, former Coordinator for the Youth Conservation Corp Program at Aransas National Wildlife Refuge, International Association for Aquatic Animal Medicine, World Aquaculture Society, American Society for Microbiology. Coached Corpus Christi Little League Boys & Girls basketball. (1/03/11) Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master' s in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (9/17/12) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior Project. (5/02/11) Home Modification Housing Manager, Coastal Bend Center for Independent Living. Holds an MS in Secondary Education. Certified with Texas Accessibility Standards (TAS) certification and Mediation Certificate. Activities include: RTA Committee on Accessible Transportation (RCAT) Member. (8/7/12) Administrative Assistant, Coastal Bend Center for Independent Living (CBCIL). Works with people with disabilities on a daily basis. (3/06/12) Mary E. Wambach Executive Director, The Deaf and Hard of Hearing Center, Corpus Christi, TX. Received a BA in Psychology from New York University, N.Y.C., Attended Rochester Institute of Techonology, Rochester, NY. Previous activities include: Assn. of Indep. Living Centers in NY, Dutchess County N.Y. Human Rights Commission, National Council on Independent Living, Massachusetts Governor's Advisory Committee on Disability, MA Council on Human Service Providers, Maricopa County AZ Workforce Connections, City of Phoenix, E.O.D. /Compliance and Enforcement Div. — ADA Consultant, City of Phoenix, Youth Diversity Grant Review Team, County of San Diego, Long -Term Care/Mental Health Committee, United Way of Rhode Island, RI State Rehabilitation Commission, RI Developmental Disabilities Council /Cross Disability Network, Co- Founder: RI Voices for Equal Representation (RIVER). Previous colleague of TX. Dept. of Assistive & Rehabilitative Services (DARS), Sorenson and PURPLE Communications, CSD, Z and other entities. (12/19/11) c. ISLAND STRATEGIC ACTION COMMITTEE — Three (3) vacancies with terms to 3 -23 -13 and 3 -23 -15 representing the following: 1- nominee by the Padre Isles Property Owners Association, and 2 — At Large. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1- member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1- commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1- member of the Padre Island Business Association, who has been nominated by the association; 1- architect or professional engineer, who does work on projects on Mustang or Padre Island; 1- realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at- large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex- officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Of the initial members, seven (7) members shall serve a three -year term and six (6) members shall serve a two -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. MEMBERS ***David A. Kurz (Padre Isles Prop. Owners Assoc.) J.J. Hart (Residential Property Owner) Gregory Smith (Commercial Property Owner) Paul Schexnailder (Developer) John A. White, Sr. (Padre Island Business Assoc.) William F. Goldston (Professional Engineer) Gabriele Hilpold (Realtor),Chair Alex H. Harris (Construction Contractor) Charles Mader (Environmental Group) Jyoti R. Patel (At Large) ***Colleen McIntyre (At Large) John Trice (At Large) * * ** *James Needham (At Large) ACM, Development Services Director, Economic Development Keith Arnold, CC Cony. & Visitors Bureau Jay Gardner, Watershore and Beach Advisory Cmtee. TERM 3 -23 -13 3 -23 -15 3 -23 -13 3 -23 -13 3 -23 -13 3 -23 -15 3 -23 -15 3 -23 -15 3 -23 -15 3 -23 -13 3 -23 -13 3 -23 -13 3 -23 -15 Ex- Officio, Non - Voting Ex- Officio, Non - Voting Ex- Officio, Non - Voting Ex- Officio, Non - Voting ORIGINAL APPTD. DATE 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -20 -12 3 -23 -10 11 -08 -11 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 Legend: ***Resigned * * ** *Resigned position when appointed to the Corpus Christi CVB Board, 7/31/12 (The Island Strategic Action Committee is recommending the new appointment of Stan Hulse for the Padre Isles Property Owners Association representative, and Jodi Steen and Ralph Tapscott for the At Large vacancies.) INDIVIDUALS EXPRESSING INTEREST: Stan Hulse Gary McCoig Monica Rawlings Rick Sowash Jodi R. Steen Ralph E. Tapscott Owner /Operator, Toucan Graphics. Activities include: Padres Isles Property Owners Assn., Executive Director — Padre Island Business Assn., Coastal Windstorm Task Force and current ISAC sub - committee for Windstorm Issues. (Padre Isles Property Owners Assn.) (8/29/12) Environmental Biologist, HDR Engineering, Inc. Received a BS in Biology, and an MS in Wildlife Biology. Activities include: member of the Surfriders — Coastal Bend Chapter. (At Large) (8/09/12) Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (At Large) (8/27/12) Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (At Large) (5/3/11) President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (Willing to resign from CCCIC Loan Review Committee if appointed) (At Large) (3/08/12) Senior Vice - President, Frost Bank. Experienced financier and leader in Economic Development. Activities include: Leadership Corpus Christi Class 40, Padre Island Business Association, Chair - Harbor Half Marathon and Relay for Junior Achievement. (At Large) (8/31/12) Mary Lou White William E. Yeager Mark Young Sales Associate/Realtor, Coldwell Banker Island, Realtors. Activities include: Corpus Christi Assn. of Realtors, Builders Association of Corpus Christi, Padre Island Business Association. (At Large) (3/13/12) Federal Law Enforcement Officer and Air Interdiction Agent, United States Department of Homeland Security and Customs and Border Protection. Retired, United States Navy Commander. Activities include: Boy Scouts. (At Large) (6/17/11) Manager, Nueces County Water Control and Improvement District No. 4. Supplier of water and wastewater services for Mustang Island including area in Corpus Christi city limits. (At Large) (10/31/11) AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: 09/05/12 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Development Services MarkVV @cctexas.com (361) 826-3246 Request fora Deferment Agreement with Calallen Retail Partners, L.P., developer of Nueces River Irrigation Park, Block 2, Lots 21 - 28 CAPTION: Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with Calallen Retail Partners, L.P. ( "Developer"), in the amount of $228,800.00 for public wastewater improvements to the property located at the southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. PURPOSE: Allow the Developer to record the plat and thus allow a building permit to be issued for the start of construction. BACKGROUND AND FINDINGS: Calallen Retail Partners, L.P., is requesting a Deferment Agreement for the platting and development of Nueces River Irrigation Park, Block 2, Lots 21 - 28, as shown on the final plat. The subdivision is at the Southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889. The proposed improvements will provide adequate waste water to the proposed development. A layout of existing and proposed improvements is included as shown in Exhibit 2 of the deferment agreement. ALTERNATIVES: Denial of the Deferment Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending waste water to serve the proposed development and has requested a Deferment Agreement, as provided in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ 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 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Deferment Agreement with Exhibits Exhibit 1: Final Plat Exhibit 2: Plans and Specifications Exhibit 3: Engineer's Cost Estimate DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement ( "Deferment Agreement ") is entered into between the City of Corpus Christi, a Texas home -rule municipality ( "City "), and Calallen Retail Partners, L.P. a Texas limited partnership ( "Developer "), to defer the completion of certain public improvements prior to recording the final plat of Nueces River. Irrigation Park, Block 2, Lots 21 — 28 ( "Plat "). The owners of the affected real property subject to the Plat and benefitted by this Deferment Agreement, to wit: Lois Lowman, Connie Diane Brown Polk Laing, Herman Bruce Lowman, NRIP, LLC, and Cloudcroft Land Ventures, Inc., seek to have the Developer, acting as agent on the owners' behalf, enter into this Deferment Agreement with the City to defer construction of the required real property public improvements. WHEREAS, the Developer is obligated under Section 8.1.11, of the Unified Development Code ( "UDC ") to construct seventy -five percent (75 %) of the required public improvements before the final Plat is endorsed by the City Engineer for recordation; WHEREAS, the Developer is seeking to delay, for a period of two (2) years, the completion of construction of the required wastewater public improvements ( "Deferred Improvements ") and have the Plat filed immediately with the County Clerk of Nueces County, Texas, by entering into this Deferment Agreement with the City; WHEREAS, on September 12, 2012, the Planning Commission recommended execution by the City of this Deferment Agreement with the Developer, subject to the City Council affirmatively finding that there exists probable cause to . delay the completion of public improvements in accordance with 8.1.10.B of the UDC; WHEREAS, the Developer will, prior to recording the Plat, deposit with the City an irrevocable letter of credit in the amount of Two Hundred Twenty Eight Thousand 'Eight Hundred and No 001100 Dollars ($228,800.00), which represents 110% of the estimated cost of constructing the deferred public improvements; and WHEREAS, the Developer has completed all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, and special covenants required by Section 8.1.10.8. of the UDC, and water and sewer service are available to serve the affected real property that is the subject of the Plat. NOW, THEREFORE, for the consideration set forth in this instrument and subject to full compliance with the conditions stated in this Deferment Agreement by both parties, the City and Developer agree as follows: 1. The City shall waive the requirement that construction of the Deferred Improvements be at least 75% completed before the final Plat, as shown in Exhibit "'t," is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, Texas, and further agrees to allow the Developer to delay construction of the Deferred Improvements, as shown in Exhibit "2," for two (2) years from the date of final execution of this Deferment Agreement. Exhibit "1" and Exhibit "2" are attached to this Deferment Agreement and incorporated into this document by reference. 2. The Developer agrees to deposit Two Hundred Twenty Eight Thousand Eight Hundred and No 001100 Dollars ($228,800,00) in the form of an irrevocable letter of credit, naming the City as beneficiary. The irrevocable letter of credit must be issued by a bank with offices in Corpus Christi, Texas, for 110% of the cost of the Deferred Improvements as estimated by Developer's engineer and accepted by the City's Assistant City Manager of Development Services, as such costs are shown in Exhibit "3," which exhibit is attached to this Deferment Agreement and incorporated into this document by reference. The irrevocable letter of credit must be posted by the Developer prior to the recording of the Plat with the County Clerk and, if the required letter of credit is not made by that time, this Deferment Agreement shall be null and void. 3. The form of the irrevocable letter of credit must be approved by the City's Director of Financial Services, be valid for a period of six (6) months or more, and require, as sole documentation for payment, a statement in writing from the Director of Development Services setting forth (1) the circumstances of default giving rise to the draft or (ii) the failure to furnish proof of renewal not less than thirty (30) days prior to the expiration of the then current letter of credit [see paragraph 4 below regarding renewal], and accompanied by a properly drawn draft not to exceed the face value of the letter of credit, 4. The Developer must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developer before expiration and proof of such renewal must be received by the City at least thirty (30) days prior to the expiration of the then current letter of credit. If no renewal is received, or cash in lieu thereof, the City may, after ten (10) days prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted for this Deferment Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called. 5. 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 of the Deferred Improvements by the Developer. 6. The Developer shall construct the Deferred Improvements in accordance with the City's . engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to paragraph 5 above. Deferment Agreement.4.doc Page 2 of 6 '7. Upon (i) completion of the Deferred Improvements by Developer within two (2) years from the execution date of this Deferment Agreement (or such later time as may be mutually agreed upon in writing by both parties, subject to adequate financial security and in no event extending beyond the maximum five -year completion time specified in the UDC); (11) acceptance of the Deferred Improvements by the City Engineer; and (iii) compliance by the Developer with all remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer by mailing a release letter to: Calallen Retail Partners, L.P. Attn: Steve Durhman 100 E. Anderson Lane, Suite 200 Austin, Texas 78752 b. Return to the Developer within sixty (60) days of the completion of the construction of the Deferred Improvements and settlement of all construction costs, or within sixty (60) days of acceptance of the Deferred Improvements by the City, whichever is later, any balance remaining of ail monies received by the City from the letter of credit or other financial security posted pursuant to this Deferment Agreement. 8. The City and Developer agree that, if the Developer formally vacates the Plat, with the 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 will be released and immediately returned to the Developer. 9. If the Developer defaults in any of its covenants or obligations under this Deferment Agreement [excluding failure to timely renew the letter of credit, for which default conditions are addressed separately], the City Engineer will send written notice to the Developer and Project Engineer, advising Developer of the default and giving Developer thirty (30) days (or such longer period of time as may be reasonably necessary under the circumstances) from date of receipt of the notice letter to cure the default. If the Developer fails to cure the default after receipt of notice and opportunity to cure, the City shall call (redeem) the letter of credit and the City Engineer will transfer any monies received to the appropriate fund of the City to complete the Deferred Improvements. 10. As accordance with the UDC, the City may require an increase in the financial security required under this Deferment Agreement on an annual basis if the Developer's engineer or the City reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs, Furthermore, the City may accelerate payment or performance or require additional financial security when the City deems itself insecure as to the prospect of payment or performance on a demonstrated, reasonable basis. In the event the Developer fails to deposit any increased security required, after DefermentAgreementA.doc Page 3 of 6 notice to the Developer and opportunity to cure, the City may deem this Deferment Agreement in default. 11. The City reserves the right not to issue Certificates of Occupancy for all or any portion of the affected real property that is the subject of the Plat until the Deferred Improvements are constructed, installed, completed, and accepted by the City Engineer in accordance with the provisions of this Deferment Agreement. 12, The Developer covenants to construct the Deferred Improvements required by this Deferment Agreement, and this covenant shall be a covenant running with the land. The City Engineer, at Developer's expense, shall file this Deferment Agreement in the official deed records of Nueces County, Texas. 13. No party may assign this Deferment Agreement or any rights under this Deferment Agreement without the prior written approval of the other party; provided, however, Developer may assign this Deferment Agreement to (i) an entity controlled by Ca'alien Retail Partners, L.P. or (11) HEB Grocery Company, L.P., without the prior written approval of the City so long as the assignee is held to comply with all conditions of this Deferment Agreement by a separate legally binding agreement and posts sufficient financial security, such financial security being subject to advance approval of the City. 14. Unless otherwise stated herein, any notice required or permitted to be given under this Deferment Agreement shall be in writing and sent by certified mail, return receipt requested. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes. For purposes of notice, the Developer's address is stated in paragraph 7, and the City's address is as follows: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street Corpus Christi, Texas 78406 15. This Deferment Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Deferment Agreement are performable in Nueces County, Texas. Venue for all actions arising from or related to this Deferment Agreement must be brought in Nueces County, Texas. 16. The Developer shall, in compliance with the City of Corpus Christi Ordinance No. 17112, complete, as part of this Deferment Agreement, the "Disclosure of Interests" form attached to this document as Exhibit "4." A completed version of Exhibit "4" by the Developer forms a part of this Deferment Agreement, the content of the completed form being incorporated by reference into this Deferment Agreement as if set out here in its entirety. Deferment Agreemenf.4.doc Page 4 of 6 17. The parties agree that the language and provisions represented in the preamble (beginning) portions of this document are incorporated by reference into this Deferment Agreement as substantive content upon which the parties may rely. 18. All signatories signing this Deferment Agreement warrant and guarantee that they have the authority to act on behalf of the person(s) or entity(ies) represented and make this Deferment Agreement binding and enforceable by their signature. 19, This Deferment Agreement is to be executed in triplicate, each of which constitutes an original document, This Deferment Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, on behalf of the affected real property owners, from and after the date that all original documents have been executed by the signatories. EXECUTED in triplicate originals this , day of STATE OF TEXAS COUNTY OF TRAVIS § DEVELOPER: 2012. Calallen Retail Partners, L.P., a Texas limited partnership By: Cal. (en GP, LLC, its general partner S Durhman Manager This instrument was acknowledged before me on the ( day of `,�" E'il , 2012, by Steve Durhman, Manager, Calallen GP, LLC, who is the General Partne of Calallen Retail Partners, L.P„ on behalf of said company. JULIE CALLIS Notary Puerto, slate of Texas My Commission Experes OCT. 25, 2012 L: 04) Note P blic, State of Texas Deferment Agreement.4.doo Page 5 of 6 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: , 2012 Elizabeth Hundley Assistant City Attorney for Carlos Valdez, City Attorney Deferment Agreement.4.doc Page 6 of 6 1 g I LL ka9 if %'Y�' . gl vs AE AZ'09Z 3,150Z1E95 8 x�@ .9Fga 3-l9AE.199 m l9"ON AO 3 133H 338 3N11 HOIVY4 .OL'4LOL M,LLZC.60N / AO'OOL 3.4i.31,O9S J 1 ti g 115 o I •a • k�b 5K 6 g 1h lir b b aXg% i go g p. A lh 1 g2 gli 1 1 ! ! 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U igfl, Pt 1111. 1t; 111 ! 1s 1 I ill �� Iiiii f 1 11 I,,,.1 ,111E i' IM MO/ lsl! 11 riElE 1 iflij li�Ilt 1111'111110h i fist ! 111 :ii1;' 11 11:11,10.1,1 Pit rtii� II l !14111th iii 1 iJ 11!!!: 1 . 1 1� a1 014 li `i I i Wihli1bllI i1 !iflh1ii ` 1 t��ir ,� _ v E� _ t • 1 ;�� a 11 4 di �t !1 a ' 111, L LS Ai i f i J I. . t lit t 1 � I` 111 :,. 11 Bo 4 1 71141.1.14"..41 mem UV EXHIBIT 3 NUI:CES RIVER IRRIGATION PARK SUBDIVISION, LOTS 21 -28 ()ninon of Probable Costs - Public Waatewater Main Location: SE Corner of Northwest Blvd (FM 624) and FM 1889, Corpus Christi, Texas Date: August 31, 2012 Prepared by: Mark R. Johnson, P.E. Public Wastewater Main Wastewater Main 12" (offsite) 850 LE $ 90 $ 76,500 Wastewater Manhole (offsito) 3 EA $ 3,500 $ 10,500 Bore & Jack under FM 1889 80 LF $ 200 $ 16,000 Bore & Jack under side street 60 LF $ 200 $ 12,000 Bore & Jack within residential lots 100 LF $ 200 $ 20,000 Wastewater connection to lift station (offsite) 1 LS $ 10,000 $ 10,000 Wastewater DIIain 12" (onsite) 2400 LF $ 75 $ 180,000 Wastewater Manhole (onsite) 8 EA $ 3,500 $ 28,000 Total $ 353,000 Offsite Wastewater - Master Plan $ 145,000 " Onstte Wastewater - Deferment Agreement Amount $ 208,000 BONDING AMOUNT (110% OF ABOVE TOTAL) $ 228,800 I "note: the portion of the public wastewater main that Is part of the City's Master Plan is not required to be part of the deferment agreement amount, in �%",l; °/i. 7y M "N #M..... \HI.M.N ARK, ROBERT Jowt�sort if Vral.1101.0..11 .... 82690 is . ... �hhFsslo "l. C NSULT NTS SIGNA1 URE D rE s Note: This Is is Opinion of Probable Cost. Construction costs cannot be guaranteed until design is complete and qualified contractors have priced the work. . .1 :1101165150o021Wastewater Maln Exlension\Preiiminary OPC for public WW Main 083112.xls Page 1 AFFIDAVIT 1, Steve Durhman, confirm that the following are the true Owners of a 36.896 -acre tract of land located In Nueces County, Texas, being the remaining portion of Lot 4, Block 2, Section 2, Nueces River Irrigation Park, a subdivision of record In Volume A, Page 54 -of the Nueces County Map Records (the "Property "); Lois Lowman; Connie Diane Brown Polk Laing; Herman Bruce Lowman; NRIP, LLC, a Texas limited liability company; and Cloudcroft Land Ventures, Inc. I, Steve Durhman, certify that the Owners have appointed me to act as the Authorized Agent with respect to all matters concerning the platting and zoning of the Property and that l am authorized, with respect to the platting and zoning of the Property: Be the point of contact between the Owners and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on the Owners behalf; grant legally binding waivers of rights and releases of liabilities of every kind on behalf of the Owners; consent to legally binding modifications; conditions, and exceptions on behalf of the Owners; and, to execute documents on behalf of the Owners which are legally binding on the Owners. understand that the City of Corpus Christi will deal only with a fullyauthorized agent. At any time it should appear that I, Steve Durhman, Authorized Agent, have less than full authority to act, then the application may be suspended and the Owners will have to personally partiolpate In the disposition of the application, I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by the Authorized Agent, -Therefore, I agree to hold harmless and Indemnify the City of Corpus Christi, Its officers, agents, employees, and third parties who act in reliance upon my words and actions from all damages, attorney fees, Interest and cot arising from this matter. Steve Durhman Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § Date This Instrument was acknowledged before me on the, 1 day oJ'011'es , 2012, by Steve Durhman. Notary Publ,Staate of Texas My Commiesloe 6x lfee August 16, 2012 Exhibit 4 Notary Public, State of Texan y�� My commission expires; l Cityy of Nird Cots a Christi Exhibit L Ny oP DISCLOSURE OF INTERESTS City or Corpus [: ht-Isit, Tom Deportment of Development Services P.Q. Bo.1:.9277 Corpus Chrlstl, Taxes- 76469 -9277 (3411824.320 (.orated GI: 2.104 Leopard Street (Corner ofLeopMd Si. rend Pon Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. if the question Is not .applicable, answer with "NA ". c f/ / /]; s% ,j� j �'� f �(. I- /�','7 -'j li,..�1 f (1/�Y'lL .'�r / . 1.1 ,. � -i�Sr, Lr,i �` X11 I ice? /-7FL- ,;14't ,. 51's;`?„ NAME: C-ai-d 4,-) Cam: , f'..e -.I,. C,, r /} 9 -.4 -i e-io / STREET: ide % 7�olA.,5� s ic:�rt� kti1 CITY; 4/5 4)`i ZIP: 7[ ?.5 ' } FIRM is: ❑ Corporation Partnership ❑ Sole Owner El Association I 1 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of . each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more ofthe ownership in the above named "firm ". Name Job Title and City Department(lf'known) /t 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title /L/d. 3. State the names of each "board member" of the City or°Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firn7 ". Name Board,. Commission, or Committee ;J6' {f 4. State the names of each employee or Officer of a: "cons'uitarit" for the City of Corpus Christi who worked . on any matter related to the subject of thls- contra01 and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm ". Name { Consultant CERTIFICATE I certify that all lnformatton provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information, requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: f GP4` �` 7'�) �re� Tiller (Print) Signature of Certifying Person: C:tp0001fE,NTS AND sErriSzstYV.TTEDO\ Y DOCUMenSiD1SCLOSURE Or 1\"1TEt@STS STATE'MEKr1]7'12t)5C Date: 9/0 I Exhibit paoe 3 6F 3 DEFINITIONS a, "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deaf with a product or service, Including but not limited to, entities operated In the form of sole proprietorship, as self - employed person, partnership, corporation, Joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e, "Ownership interest °. Legal or equitable Interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ( OCUMENTSAt9SETINGS5YVETTED MYDOCUMENiSUSCLOSLIREOrINTERESTS Sr.1T M 7M2111AOC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: August 30, 2012 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wes P(c� cctexas. com (361) 826 -3082 Employee Transition Plan for the Professional Service Management Agreement for the Corpus Christi Museum of Science and History. CAPTION: Motion authorizing the City Manager or his designee to execute the Employee Transition Plan with Corpus Christi Museum Joint Venture (CCMJV), amending the Professional Service Management Agreement to operate and manage the Corpus Christi Museum of Science and History. PURPOSE: This item fulfills the requirement created by the Professional Services Management Agreement for the Corpus Christi Museum of Science and History between the City of Corpus Christi and Corpus Christi Museum Joint Venture, approved by Council on August 14, 2012. It is intended to outline the employee transition process and set standards of performance for both the City and CCMJV during the six -month employee transition period. BACKGROUND AND FINDINGS: In development of the Professional Services Management Agreement for the Corpus Christi Museum of Science and History between the City of Corpus Christi and Corpus Christi Museum Joint Venture, both entities agreed that it was important to outline the expectations for the employee transition process. It was of the utmost importance to both that the interest of the employees be preserved in the shift from City employment to CCMJV employment. Under the proposed Employee Transition Plan, museum staff will remain employees of the City for the first 6 months of the agreement. During this period staff will decide if they would like to remain with the City or transition to CCMJV employment; CCMJV will evaluate staff performance to determine which employees they would like to retain. At the end of the 6 month period, museum staff may elect to: 1) transition to CCMJV employment; 2) be placed in an existing vacancy within the City per the City's Reduction in Force Policy; or 3) seek other employment opportunities independent of either the CCMJV or the City. ALTERNATIVES: 1) Propose an alternative Employee Transition Plan to City Council for approval. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Employee Transition Plan conforms to city policy. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Museum of Science & History FINANCIAL IMPACT: El Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 943,245 943,245 Encumbered / Expended Amount 62,536 62,536 This item 864,641 864,641 BALANCE 16,068 16,068 Fund(s): 1020 - General Fund Comments: Per the approved agreement on August 14, 2012, funding is provided to CCMJV on a quarterly basis which includes the total Personnel Costs for 11- months in FY2013. The estimated vesting payout if eligible employees transition to CCMJV or seek other employment opportunities independent of the City is $97,700 which is in the Reserve Appropriation account. RECOMMENDATION: Staff recommends approval of the Museum Employee Transition Plan. LIST OF SUPPORTING DOCUMENTS: Agreement - Employee Transition Plan EMPLOYEE TRANSITION PLAN FOR THE PROFESSIONAL SERVICE MANAGEMENT AGREEMENT FOR THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1 Recitals I. This plan formally documents the process for the transition of employees of the Museum of History and Natural Science (the "Museum "). It describes the approach to transitioning employees from the City of Corpus Christi (the "City ") to Corpus Christi Management Joint Venture, LLC ( CCMJV). CCMJC has contracted with the City Of Corpus Christi to manage the Museum. The contract will turn over management of the day to day operation to CCMJV. CCMJV will be responsible with staffing the Museum within 180 days of execution of the Professional Service Management Agreement (Management Agreement). The period of performance begins on execution date of the Management Agreement. II. For this transition, the City will maintain its existing staff on -site throughout the transition period. No additional staffing requirements are anticipated to complete the transition to CCMJV. The transition is expected to take 180 days to complete. AGREEMENT This amendment is made to the Corpus Christi Museum of Science and History Professional Service Management Agreement(Management Agreement) previously executed by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation (the "City ") and Corpus Christi Museum Joint Venture, LLC, a Texas limited liability company ( "CCMJV "). All other terms and conditions that are not hereby amended are to remain in full force and effect. It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement: ARTICLE 1 DEFINITIONS "BUSINESS DAY" shall mean any day on which banks in the State of Texas are open for business, excluding Saturdays and Sundays. "CODE" shall mean the City of Corpus Christi Municipal Code, as it may be amended from time to time. "CITY" shall mean the City of Corpus Christi, Texas and all of its boards, commissions, departments, agencies and other subdivisions. "CITY COUNCIL" shall mean the city council of the City of Corpus Christi, Texas "CITY MUSEUM EMPLOYEES" shall mean those persons who are and continue to be regularly appointed to a part-time or a full -time job by the city manager in positions authorized in the Corpus Christi Museum of Science and History Program in the applicable, current city of Corpus Christi adopted budget. "MANAGEMENT AGREEMENT" shall mean the management agreement with CCMJV and City of Corpus Christi for the operation of the museum. 2 "MUSEUM" shall mean the Museum of Science and History and related facilities operated on the premises, which is the subject of this agreement. "TRANSITION PLAN EFFECTIVE DATE" shall mean the date the Management Agreement takes effect. "TRANSITION PLAN END DATE" shall mean the 180th day after the Management Agreement takes effect. "TRANSFERRED EMPLOYEES" shall mean those persons who elect museum - related employment with CCMJV pursuant to the employee transition plan. ARTICLE 2 RESPONSIBILITIES 2.1 CCMJV Responsibilities. CCMJV will be responsible for the interviewing of transitioning employees, communication with Museum employees, communication with the City Human Resources Department (HR) with all decisions regarding employment during transition, and hiring of staff to operate the Museum during the performance of the Management Agreement. 2.2 Museum Employees Responsibilities. City Museum Employees will be responsible with communication with City Human Resources Department regarding placement, transitioning or resignation. Employees will be responsible with communicating to CCMJV for requesting interview and acceptance or rejection of employment. 2.3 City. City Human Resources Department (HR) will be responsible for communication with Museum employees, communication with the CCMJV, attempted internal placements, and reduction of force. ARTICLE 3 TIMELINE 3.1 Within First Sixty (60) Days After Transition Plan Effective Date. Any Museum Employee wishing to transition to CCMJV must request an interview and submit resume to CCMJV. 3.2 Within First One - Hundred Twenty (120) Days after Transition Plan Effective Date. CCMJV shall interview any Museum Employee that has requested an interview. 3.3 Within first One - Hundred Fifty (150) Days after Transition Plan Effective Date. Upon a City Museum Employee requesting internal placement, HR will begin a search for internal placement within the city. 3.4 One- Hundred Eighty (180) Days after Transition Plan Effective Date. Last day city employed Museum Employees will work at the Museum. CCMJV will have no further 3 responsibility to City employees. Any City employees not hired by CCMJ or internally placed shall be terminated. Any other obligations to City employees will be City's responsibility. 3.5 One - Hundred Eighty (181) Days after Transition Plan Effective Date. CCMJV is responsible for employing all employees of the Museum for the exception of the employee named in Article 6. The City will no longer be responsible for the staffing of the Museum. ARTICLE 4 TRANSITION PROCEDURE 4.1 Interview Request. City Museum Employees seeking employment with CCMJV must submit a resume to CCMJV within sixty (60) days of execution of the Management Agreement to receive a mandatory interview. Any resumes submitted after first 60 day will be granted interviews at CCMJV's discretion. 4.2 CCMJV Interviewing. 4.21 Mandatory Interview. CCMJV shall conduct an interview for any resume received within sixty (60) days of Transition Plan Effective Date. CCMJV shall conduct an interview and provide the City Museum Employee with an offer or decline to hire within one - hundred twenty (120) Days of the Transition Plan Effective Date. Failure to give notice as set forth herein shall be CCMJV'S notice that it has declined. 4.22 Discretionary Interview. CCMJV may grant an interview for resumes received after sixty (60) days of the Transition Plan Effective Date at CCMJV's discretion. There is no deadline for employment offers for declines for discretionary interviews. 4.3 City Internal Placement. Any City Museum Employee may request for internal placement with the City. All requests for internal placement shall be made with HR. Any request for internal placement must be made within one - hundred fifty (150) days of the Transition Plan Effective Date. Employees that are able to be internally placed shall be internally placed as soon as possible. HR shall notify CCMJV of all requests for City Internal Placement. HR will notify CCMJV when the City Museum Employee will be placed internally within the City. Any request for internal placement received after the one - hundred fifty (150) days will not be considered. 4.31 City Reduction of Workforce. Any Museum Employee not internally placed shall be terminated effective the Transition Plan End Date in compliance with city policy HR 10.0 Reduction of Force. 4.4 CCMJV Employment. City Museum Employees that CCMJV hires will begin employment with CCMJ V as agreed to by CCMJV and employee. City Museum Employees leaving City employment shall give the City two weeks' notice. 4.5 Replacement of Museum Employees. CCMJV may replace nonprofessional staff employees that resign or are internally placed within the City. CCMJV shall replace professional 4 staff employees that resign without transitioning or are internally placed within the City. CCMJV shall restaff the position within two (2) months of placement or resignation. CCMJV affiliates may hire replacement employees during the employee transition period. 4.6 Replacement of Museum Director. City agrees that with respect to employment of a replacement Museum Director during the transition period, the City will use it best efforts to recruit a candidate pool. The museum director candidates will go before a Selection Board Committee consisting of City Staff, Advisory Board members, Friends of the Museum members, and Auxiliary members. The Selection Board Committee will recommend a candidate to CCMJV for approval. Upon CCMJV's approval, the City shall hire the approved candidate. If CCMJV does not approve a candidate recommended by the Selection Board Committee, the Selection Board Committee can recommend an alternative candidate if possible. If CCMJV does not approve of any alternative candidates or the Selection Board Committee is unable to recommend any alternative candidates, the City will use it best efforts to recruit a second candidate pool. The hiring of the Museum Director will follow the same procedure for the first candidate pool. ARTICLE 5 BENEFITS 5.1 Current City Employee Benefits. 5.11 City Sponsored Health Insurance. City makes available two self - insured PPO plans with employer paying portion of premium. 5.12 City Sponsored Dental Insurance. City makes available two self - insured PPO plans with employee paying 100% of premium. 5.13 City Flexible Spending Account Program. Healthcare, Dependent Care and Insurance Premium Flexible Spending Accounts are available to employees. 5.15 City Disability Plans. City provides four plans for disability coverage. Premiums are shared at a percentage: Plan 1: 50/50; Plan 2: 60/40; Plan 3: 70/30; Plan 4: 85/15. 5.16 City Term Life Insurance. City pays for term a Basic life & AD &D insurance policy for employees. Additional life insurance is available for purchase by the employee with employees paying 100% of premium at group rate. 5.17 City Leave. City employees receive sick leave, vacation leave, personal leave and compensation compensatory time. 5.18 Retirement. Full -time City employee's contribute 6% of their salary Texas Municipal Retirement System (TMRS). The City currently matches that contribution at a 2:1 ratio. 5.18.1 Retirement. Part-time employees participated into the FICA Alternative Plan through ICMA. This plan was at a contribution rate of 7.5% of their salary with no City Match. 5 5.2 Non transfer of Benefits. No city benefits shall transfer to CCMJV employees. City benefits are not transferable to CCMJV. 5.21 Non Transfer of Health Insurance. The City will pay the usual employer contribution until termination date. Coverage under a health insurance plan will cease upon termination date at the end of the pay period in which separation of service occurs. Former Employees may apply for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). 5.22 Non Transfer of Long Term Life Insurance. The City will pay the usual employer contribution until termination date. Long Term Life Insurance coverage will cease upon termination at the end of the pay period in which separation of service occurs. Former Employees may apply for portability or conversion with life insurance carrier at time of separation. 5.23 Non Transfer of Leave. Former city employees will receive compensation for benefits subject to the provisions of the City Charter, City Municipal Code, City rules, state legislation and Human Resources Department Policies. 5.24 Non Transfer of Retirement. CCMJV is not a member of the Texas Municipal Retirement System (TMRS). For any employee leaving city employment, vesting date shall be determined at the date of termination. 5.3 CCMJV Benefit Plan. CCMJV agrees that with respect to employment of any transitioning employees that CCMJV will use it best efforts to provide hired transitioning employees with health insurance, leave and a 401 K retirement plan. 5.31 CCMJV Health Insurance. CCMJV may provide full time employees with health insurance with employer portion paid 75% and employee portion paid 25 %. Employees will pay 100% for spouse /children health insurance. 5.32 CCMJV Vacation Leave. CCMJV may provide full time employees with annual leave based on years with CCMJV. For calculation of leave time, CCMJV will consider Transferred Employee's years with the City for leave accrual. Annual leave does not carry over, is paid at termination and requires 12 months employment before paid at termination. CCMJV's leave accrual schedule is as follows: 1 -2 YEARS 3 -9 YEARS 10+ YEARS 40 HOURS 80 HOURS 120 HOURS 5.33 CCMJV Sick / Personal Leave. CCMJV may provide full time employees with 40 hours per year upon the completion of 12 months of employment. Sick/Personal leave does not carry over, is not paid at termination and has a minimum of 4 hours per occurrence. 6 5.34 CCMJV Paid Holidays. CCMJV may provide full time employees the following paid holidays: 1.New Year's Day 2.Memorial Day 3.Independence Day 4.Labor Day 5.Thanksgiving Day 6.Christmas Day. 5.35 CCMJV Retirement Plan. CCMJV may provide full time employees with a 401K option with 3% matching. ARTCLE 6 EMPLOYEE EXCEPTION 6.1 Employee Exception. City Employee Laura Guerrero has been employed at the museum for around nineteen and half (19.5) years. Laura Guerrero's current position is Sale's Associate. Laura Guerrero reaches eligibility to retire June 1, 2013. Laura Guerrero will remain a City Employee until July 01, 2013. Laura Guerrero will continue performing her duties at the museum past the Transition Plan End Date, until July 01, 2013. Laura will perform her duties under the direction of CCMJV. Laura Guerrero salary expense shall be billed as a Salary Wage expense. ARTICLE 7 EQUAL EMPLOYMENT OPPORTUNITY 7.1 Discrimination Prohibited. CCMJV shall not knowingly discriminate against any employee or applicant for employment because of age, race, creed, sex, color, disability, or national origin, and CCMJV shall take affirmative action to ensure that any employee or applicant for employment is afforded equal employment opportunities without discrimination because of age, race, creed, sex, color or national origin. Such action shall be taken with reference, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation in selection for training or retraining, including apprenticeship and on the job training. Subject to compliance with such obligations, the CCMJV shall have plenary power with respect to the hiring and discharge of its employees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CORPUS CHRISTI MUSEUM JOINT VE ► TURE LLC CITY OF CORPUS CHRISTI By: William Du , 1 Ron L. Olson Principal City Manager Date Date 7 Approved as to legal form: A (4) 0,`f 5° , 2012 Autdi gv-Ce Buck Brice Assistant City Attorney For City Attorney 8 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 September 21, 2012 Ronald L. Olson, City Manager Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289 -0171 Approval of Professional Services Amendment for Corpus Christi International Airport Runway 17 -35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. PURPOSE: To award an amendment to a professional services contract for providing construction management, administration and inspection services during the construction phase. BACKGROUND AND FINDINGS: This project consists of extending Runway 17 and Taxiway Alpha by 600 feet to the north and displacing the threshold of Runway 35 by 600 feet to the north. Included in the project is the construction of two new connecting taxiways connecting the new runway thresholds to the parallel taxiway to the west and the construction of a run -up area on the north end of Taxiway Alpha. Following the completion of their services for the design phase of this project, KSA Engineering Inc. (KSA) has been retained to provide other professional services related to the Runway 17/35 Extension /Displacement project including Construction Management and Inspection, Grade Control Surveying, Quality Control (QC) Materials Testing, Geotechnical Engineering Services and Inspection Services. Administrative Assistant services will also be provided along with Field Office Supplies, etc. Construction management, administration and inspection services will encompass the construction of Runway 17/35 600 -foot Extension / 600 -foot displacement, and connecting taxiways, the construction of the Pinson Drive and Infield Drainage Improvements, and the Reconstruction of the North General Aviation Apron at Corpus Christi International Airport. ALTERNATIVES: 1. Do not award the contract (not recommended) OTHER CONSIDERATIONS: The Federal Aviation Administration's review has determined that KSA's professional services proposal is reasonable for the different professional disciplines (i.e. Construction Manager, Geotechnical Engineer, Inspectors, Surveyors, QC Testing Technicians, and Administrative Assistant) and field office supports for this project. The billing rates submitted and the estimated allocation for each professional discipline were deemed reasonable considering the complexity and duration of these construction projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2012- 2013 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 566,000.00 12,000,000.00 12,566,000.00 Additional Project Match 1,179, 576.38 1,179, 576.38 Additional Grant Appropriation 5, 545, 505.00 5, 545, 505.00 TOTAL: $18,725,081.38 $19,291,081.38 Encumbered / Expended Amount 566,000.00 566,000.00 This item $1,000,000.00 $1,000,000.00 Future Anticipated Expenses This Project 15,804,010.30 15,804,010.30 BALANCE $1,921,071.08 $1,921,071.08 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) Comments: The amendment will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 8 PROJECT BUDGET Runway 17/35 Connecting Taxiways Project Project No. E11046, E11122, E11123 September 18, 2012 FUNDS AVAILABLE: Amount FAA Grant $ 16,345,505.00 Airport CIP Reserves (match) $ 2,379,576.38 TOTAL AVAILABLE: $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD) $ 12,841,419.06 Contingencies (10 %) $ 1,284,141.91 Consultant Fees: Consultant - Design (KSA Engineers, Inc.)* $779,550.00 Construction Mgmt & Inspection, (KSA Engineers, Inc.) $495,000.00 Geotechnical Eng and Materials Testing (KSA Engineers, Inc. / Rock Eng) $150,000.00 Construction Inspection and Surveying (KSA Engineers, Inc. / LNV Eng) $355,000.00 Sub -total KSA Amendment $1,000,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 321,035.48 Engineering Services (Project Mgt) $ 321,035.48 Finance Reimbursements $ 192,621.29 Misc. (Printing, Advertising, etc.) $ 64,207.10 TOTAL $ 16,804,010.30 ESTIMATED GRANT BUDGET BALANCE $ 1,921,071.08 *Task Order No. 3 approved by City Council on May 17, 2011. File : \ Mproject \councilexhibits \exhE11046.dwg F . 624 _MU ECES Kay ROAD 6�Sh�� - C6aOneL CORPUS C3- CRIS77 Bbl/ CC McGL01N RD. PROJECT LOCATION CC LOCATION MAP NOT TO SCALE CORPUS CHRISTI INTERNATIONAL AIRPORTS PROJECT # E11046 SITE PLAN NOT TO SCALE CONTRACT AMENDMENTS No. 5 INFIELD TAXIWAY CONNECTORS /RUNWAY 17 -35 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AMENDMENT NO. 9 TO AGREEMENT For PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ( "City Engineer "), and KSA Engineers, Inc. of Longview, Texas, acting through its duly authorized representative who is Joncie H. Young, President, (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage 'CONSULTANT" to provide services in connection with City's project, described as follows: CCIA Runway 17135 Extension /Displacement and Connecting Taxiways, (Project Nos. E11046, E11122, E11123) "Project ". "— 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A ". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $1,000,000.00 (in figures), (One Million Dollars and Zero Cents) (in words) for a total revised fee not to exceed $3,403,226,95 (in figures), (Three Million Four Hundred Three Thousand Two Hundred Twenty Six Dollars and Ninety Five Cents) (in words) , CITY OF CORPUS CHRISTI KSA ENGINEERS, INC. Oscar R. Martinez (Date) Assistant City Manager RECOMMENDED: Daniel Biles, P. E., (Date) Director of Engineering Services Fred Segundo (Date) Director of Aviation APPROVED AS TO FORM: Office of Mgmt and Budget Legal Department (Date) (Date) nt . Tyler, it 600 ngview, TX " 601 (972) 542 -2995 (972) 542 -6750 Project Nos. E11046, E11122, E11123 Funding sources: , 5 5097 0- 302 0- 0000 0 -G 49 E 11046 5 5097 0 -3 026- 0000 0 -G 49 E 11046 550920 -3020- 00000 -G49E 11046 550920- 3026 - 00000 -049E 11046 550970- 3020 - 00000 -G49E 11122 550970 - 3026 - 00000 -G49E 11122 550920- 3020 - 00000 -G49E 11122 550920 - 3026 - 00000- G49E11122 550970 - 3020- 00000- G49E11123 550970 -3026- 00000- G49E11123 550920 -3020- 00000- G49E11123 550920- 3026 - 00000- G49E11123 Total: Encumbrance Number: $679,500.00 75,500.00 103,258.80 11,473.20 72,000.00 8,000.00 18,000.00 2.000.00 22,500.00 2,500.00 4,741.20 526.80 1000 000A0 K:IENGINEER!NG OATAEXCHANGE4CLARISSAJIAIRPORTICOMBO ITEM RUNWAY 17 -35 - E11046, El 1122, E111234KSA AMENDMENAKSA CONTRAC11ARENDMBNT N0. 9 - KSA BNGINEERS.000X 3.3137E Synergy any Drive McKinney, TX 75071.E 972.542:2995 August 24, 2012 Ms, Joelle Francois, P.E. Project Manager Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: Proposal for Construction Administration and Closeout Services Runway 17 -35 Extension /Displacement and Connecting Taxiways Project Corpus Christi International Airport Dear Ms. Francois, KSA Engineers, Inc. is pleased to submit our proposal to provide Construction Administration and Closeout Services for the captioned construction project. This work will be Amendment No. 9, Task Order No. 8 of our Contract for A/E Professional Services. Please call if you have any questions and we'll be happy to address them. Thank you. Respectfully submitted /4A.-1r ,rte Robert C. Jutton, PE Senior Project Manager Attachment Cc: Mr. Dan Biles, Director of Engineering Mr. Bill Green, Assistant Director of Engineering Mr. Enrique Castillo, Assistant Director of Aviation www.ksaenq,Corri AMEND. NO 9 EXHIBIT "A -9" Page 1 of 3 4. Time for Rendering Services Service Time Requirement CO m Ietion Date* 1. Construction Phase 52 weeks 1 December 2013 2. Closeout Phase 4 weeks 1 January 2014 * Assumes Notice to Proceed (NTP) of the Construction Phase of 1 November 2012. 5. Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer on a Times and Materials basis as described in Exhibit F-8. The total cost of all services provided under this Task Order will not be exceeded without prior written approval by the CITY. AMEND. NO 9 EXHIBIT "A -9" Page 3 of 3 Exhibit A -9 Task Order No. 8 This is Task Order No. 8 consisting of 2 pages. In accordance with this Contract for AIE Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data Title: RWY 17.35 Extension/Displacement and Connecting Taxiways Project City of Corpus Christi Project Numbers E11046, El 1122 and El 1123. A. Description: Construction Administration for the RWY 17 -35 Extension/Displacement and Connecting Taxiways Project as described in the bid documents as follows: 1. Base Bid: Shifting of Runway 17 -35, New Connecting Taxiways A & A -4, NAVAID Relocation; 2. Additive Alternate No. 1: Remove Existing Interior Taxiways and Construct Interior Connecting Taxiways A -1, A -2, A -3 & L; 3. Additive Alternate No. 2: North General Aviation Apron; and 4. Additive Alternate No. 3: Pinson Drive and Infield Drainage Improvements. 2. Services of Engineer Services to be performed by the Engineer in this Task Order are listed below and amend Paragraphs 5 & 6 of Exhibit A of this Contract. Construction Phase Services: 1. Construction Administration Services as described in attached Exhibit C -8; 2. Resident Project Representative Services as described in Exhibit D -8; 3. Provide Geotechnical Engineering Services, as required; 4. Provide Construction Materials Testing Services, as required; and 5. Provide Surveying Services for Grade Control. Closeout Phase Services: 1. Provide Closeout Services as described in attached Exhibit E -8. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. l AMEND. NO 9 EXHIBIT "A.9" Page 2 of 3 Exhibit B -9 FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL AIE SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Amendment No. 1 49.00 16.00 00.00 00.00 00.00 96.00 61.00 Topographic Survey, Plats, Metes & Bounds.for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400,00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028,45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 Amendment No. 7 Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) $201,800.00 AMEND. NO. 9 EXHIBIT "B -9" Page 1 of 2 Original Contract TASK FEE Task Order No. 1 — Preparation of Environmental Assessment Task $161,( Order No. 2 — AGIS Airspace Analysis and Data Submittal /Upload Task $286,4 Order No. 3 — Runway 17 -35 Extension /Displacement and Connecting Taxiway Project $566,1 Task Order No. 4/1000' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project Task $720,( Order No. 4A/600' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project Task $14$,( Order No. 5 — Taxiway Utilization Study $80 j Total Original Project Fees , $1,962 Amendment No. 1 49.00 16.00 00.00 00.00 00.00 96.00 61.00 Topographic Survey, Plats, Metes & Bounds.for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400,00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028,45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 Amendment No. 7 Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) $201,800.00 AMEND. NO. 9 EXHIBIT "B -9" Page 1 of 2 Amendment No. 8 Revise Environmental Assessment and Perform Environmental Due Diligence Audit (EDDA) for NAVAID Relocations (Supplement to Task Order No. 1) $1 6 $19 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout Amendment No. 9 Task Order No. 8 - Construction Administration Fees for RWY 17 -35 Extension /Displacement and Connecting Taxiways Project $1,000 Amended Total Fee $3,403, ADDITIONAL CONTRACT Sanitizer Installation Design $19 Total Fee $19 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout $16 Total Fee $16 ,010.00 ,000.00 226.95 ,680.00 ,680.00 925.00 925.00 AMEND. NO. 9 EXHIBIT "B -9" - age2of2 Exhibit C -9 Construction Administration Services Construction Phase The Engineer shall provide the following Construction Phase services on a time and materials basis: A. Engineer shall provide the following services: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Provide a full time on -site professional engineer as Construction Manager: a. The Engineer shall provide a full time on -site professional engineer to serve as Construction Manager in order to observe as an experienced and qualified design professional the progress of Contractor's executed Work. The Construction Manger will determine if the Work is proceeding in accordance with the Contract Documents, and shall keep Owner informed of the progress of the Work. b. The purpose of Construction Manager is to provide for Owner a greater degree of confidence that the completed Work will conform to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. The Construction Manager shall not, supervise, direct, or have control over the Work, nor shall the Construction Manager have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, the Construction Manager neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 3. Resident Project Representative (RPR): Provide the services of an RPR at the Site of the Specific Project to assist the Construction Manager and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in attached Exhibit A, "Duties, Responsibilities and Limitations of Authority of AMEND. NO 9 EXHIBIT "C -9" Page 1 of 5 Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority. 4. Independent Testing Laboratory: Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. 5. Pre - Construction Conference: Participate in a pre - construction conference prior to commencement of Work at the Site. 6. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 7. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 8. Defective Work: Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. - AMEND. NO 9 EXHIBIT "C -9" Page 2 of 5 12. Substitutes and "or- equal ": Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to any provisions below regarding additional compensation for evaluation of such substitute or "or equal" submittals. 13. Inspections and Tests: Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance or progress of the Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the AMEND. NO 9 EXHIBIT "C -9" Pale 3 of 5 responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents: Receive, review and transmit to Owner maintenance and operating instructions, schedules guarantees, bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided above, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided above. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work: Conduct a final payment inspection to determine if the completed Specific Project of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 19. Defective Work: Together with Owner, visit the Site to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if any. 20. Correction Period: Together with Owner or Owner's representative, visit the Site within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If a Specific AMEND. NO 9 EXHIBIT "C-9" Page 4 of 5 Project involves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. 1.02 Closeout Phase C. Engineer shall: 1. Assist Owner in training Owner's staff to operate and maintain Specific Project equipment and systems. 2. Prepare and furnish to Owner, in the format agreed to, Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. AMEND. NO 9 EXHIBIT "C -9" Page 6 of 5 Exhibit D -9 Resident Project Representative Schedule of Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Resident Project Representative A. Engineer shall furnish a Resident Project Representative ( "RPR ") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B. Through RPR's observations of Contractor's work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor's work in progress, by the RPR, supervise, direct, or have control over Contractor's work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Exhibit A as incorporated in the Task Order are applicable. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with Engineer and Contractor. • RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. • RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by a Contractor and consult with Engineer concerning acceptability. AMEND. NO 9 EXHIBIT "D -9" Page 1 of 6 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof 4. Liaison; a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, and assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. AMEND. NO 9 EXHIBIT "0-9" Page 2 of 5 9. Inspections, Tests, and System Start -ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start- ups. b. Verify that tests, equipment, and systems start -ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start -ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific Project - related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e -mail addresses, web site locations and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, furnish original set of all RPR Specific Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed change orders, work change directives, and Field Orders. Obtain backup material from Contractor. AMEND. NO 9 EXHIBIT "D -9" Page 3 of 5 c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12. Payment Requests: a. Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: a. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in visits to the Project to assist in determining Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. e Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in this Agreement. 3. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work. AMEND. NO 9 EXHIBIT "0-9" Page 4 of 5 5. Advise on, issue directions regarding, or assume control over security safety practices, precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy a Specific Project in whole or in part. AMEND. NO 9 EXHIBIT "D -9" Page 5of5 Exhibit E -9 Closeout Phase Services After written authorization to proceed with the Closeout Phase, Engineer Shall: 1. Provide City of Corpus Christi with a CD containing the final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard and the actions(s) taken. The report shall include any pay reduction applied and reasons for accepting any out of tolerance material. 2. Prepare and submit one CD containing plan drawings in single page monochrome TIFF format at a minimum resolution of 400 dpi or a maximum sheet size of ANSI D (22" x 34 ") showing those changes made during the construction process based on the marked -up prints, drawings and other data furnished by contractor(s) to Engineer and those changes which Engineer considers significant. 3. Update the existing Airport Layout Plan (ALP) as necessary to indicate items completed during construction. Field verification of runway end coordinates and elevations are required if they have been altered during construction. Transfer the updated existing ALP to a computer aided design and drafting (CADD) format as directed by Agent. The Engineer shall furnish the Agent with three (3) review copies, and upon approval, two reproducible Mylars of minimum 4 mil thickness and fifteen (15) copies of the ALP and one set of computer diskettes of a type directed by the Agent containing a CADD copy of the ALP. If aerial photography is necessary for the ALP update, the Engineer shall furnish the Agent with one copy of aerial photographs. 4. Furnish Agent with 5 bound copy(ies) of all approved catalog cuts, warranties, maintenance data, parts lists, and names of equipment and materials suppliers. 5. Coordinate with FAA to provide as -built survey data for the runway extension to include the runway endpoint and 50 foot stations on centerline. Survey data submission will be conducted per FAA Advisory Circulars 150/5300-16, 150/5300-17 and 150/5300 -18 and submitted on -line via the FAA's Airport GIS web application. 6. Furnish City of Corpus Christi and FAA with the RPR's original diaries. 7. Furnish City of Corpus Christi and FAA with a copy of the contractor's Notice of Termination (NOT) to TCEQ as necessary for SWP3. 8. Prepare a Notice of Termination (NOT) for City of Corpus Christi and FAA to submit to TCEQ as necessary for SWP3. 9. Conduct an inspection of the Project prior to the expiration of any warranty period and advise the Agent of any recommended action to be taken under the terms of any warranty. AMEND. NO 9 EXHIBIT "E -9" Page 1 of 1 Basic Services Exhibit F -9 BASIS FOR CONSTRUCTION ADMINISTRATION AND CLOSEOUT FEES Amount Breakdown Construction Manager PE (Base Bid + Add Alts 1, 2 & 3) $400,000.00 Geotechnical Engineer PE $ 40,000.00 Secretarial $ 50,000.00 Misc. $ 25,000.00 ($158.12/hr x 40hr /wk x 63.24vvks) ($180.00 /hr x 8hr /wk x 27.78Wks) ($18.00 /hr x 40hr /wk x 69.44wks) (Postage + Truck + Incidentals) Total $515,000.00 Inspection and Construction Materials Testing Firm KSA ROCK KSA RPR #1 (Base Bid + Add Alt 1) $220,000.00 ($72.00/hr x 40hr /wk x 76.39wks) LNV CMT (Base Bid + Add Alt 1) $ 94,732.00 (Estimate from Testing Lab) ROCK Grade Control $ 20,000.00 (Surveying) LNV Total $334,732.00 RPR #2 (Add Alt 2) — North GA Apron $ 80,000.00 ($72.00 /hr x 40hr /wk x 36.46wks) LNV CMT (Add Alt 2) $ 10,000.00 (Estimate from Testing Lab) ROCK Grade Control $ 10,000.00 (Surveying). LNV Total $100,000.00 RPR #2 (Add Alt 3) — Pinson Drive & Infield Drainage $ 25,000.00 ($72.00/hr x 40hr /wk x 36.46wks) LNV CMT (Add Alt 3) $ 5,268.00 (Estimate from Testing Lab) ROCK Total $ 30,268.00 Closeout Fees Closeout of Base Bid and Add Alts 1, 2 & 3 $ 20,000.00 Lump Sum Fee -Total Project KSA Total $ 20,000.00 TOTAL CONSTRUCTION ADMINISTRATION (BASE BID + ADD ALT 1) TOTAL CONSTRUCTION ADMINISTRATION (ADD ALT 2) — North GA Apron TOTAL CONSTRUCTION ADMINISTRATION (ADD ALT 3)— Pinson Drive & Infield Drainage $849,732.00 $100,000.00 $30,268.00 TOTAL CONSTRUCTION ADMINISTRATION $1,000,000.00 & CLOSEOUT (BASE BID + ADD ALTS 1, 2 & 3) AMEND. NO 9 EXHIBIT "F -9" Page 1 of 1 SUPPLIER NUMBER = PURC SSING DIVIISION s .+.... OW of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with 'NA ". See reverse side far Filing Requirements, Certifications and definitions. COMPANY NAME: P.O. BOX: Jl 'jinars ans L STREET ADDRESS: i4-0 t T FIRM IS: 1. Corporation 4. Association CITY: 2. Partnership 5. Other 8 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 tho City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm,' Name Job Title and City Department (if known) 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." NRA- Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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." Nglttp r or Consultant sal FILING REQUIREMENTS If a 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 date 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 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and tliat supplemcntnl statements will be promptly submitted to the City of Corpus Christi, Tex as changes occur. Certifying Person: (Type or Print) Signature of Certifying Person; DEFINIT! a S Title: Date: n. "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. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. c. "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 Cite 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. s. nternationa Presentation 0 September 18, 2012 1- LT.1 1 .3" Ell n .o ti) 0 2cnow U) E co CD 0 a) .c c). 9 M -1 0 N N -1 0 N 0 N 0' M a al a a M a N a 5 r-1 a M a Construction Construction schedule for Runway 17-35 Extension Project e lmo O V e lmo V • 4w O 4-, vs••., O at U U U FUNDS "'AVAILABLE $16,345,505.00 c 0 2, 379, 576.38 Airport CIP Reserves (Match) 18,725,081.38 TOTAL AVAILABLE FUNDS REQUIRED: $12,841,419.06 Construction (Bay LTD) 1,284,141.91 Contingencies (10 %) Consultant Fees: $779,550.00 Consultant - Design (KSA Engineers Inc.)* 0 0 0 0 Construction Management and Administration (KSA) 0 0 0 0 0 Geotechnical Eng and Materials Testing (KSA/ Rock Eng) 0 0 ci 0 0 Construction Inspection and Surveying (KSA / LNV) C) C) co co- CO EA- Reimbursements 16,804,010.30 J 0 $1,921,071.08 Estimated Project Budget Balance *Task Order #3 approved by City Council May 17, 2011. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 18, 2012 Second Reading Ordinance for the City Council Meeting of September 25, 2012 DATE: TO: FROM: August 21, 2012 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS(cr�, cctexas. com 289.0171 ext.1213 Appropriation and transfer of $65,417 from the Airport Capital Reserve Fund to the Airport Operating Fund to be used for capital expenditures. CAPTION: Ordinance appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund and increasing appropriations from the No. 4610 Airport Operating Funds for capital expenditures as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -13 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures by $65,417. PURPOSE: The General Airport Revenue Bonds, Series 2000 A & B bond covenant required the establishment of an Airport Capital Reserve Fund. The Series 2000 A & B Bonds were officially refunded on July 10, 2012. The refunding eliminated the reserve fund requirement allowing for the return of reserve funds to the Airport Fund to be used for authorized capital expenditures. BACKGROUND AND FINDINGS: The 2000 Terminal re- construction and roadway improvement projects at Corpus Christi International Airport were funded in part from the Series 2000 A & B General Airport Revenue Bonds (GARBs). The bonds were issued based on an Airport revenue pledge and credit rating. This resulted in a higher interest rate and higher debt service. The City's financial advisor, M.E. Allison along with Trillion Aviation, the Airport's business development consultant recommended the refunding of the GARBs on the bond call date. On July 10, 2012, the refunding was finalized with a resulting annual savings of $275,000. The refunding also eliminated several restrictive bond covenants including the requirement for an Airport Capital Reserve Fund and a 1.25 Debt Ratio coverage. The Airport Capital Reserve Fund was established to account for expenditures associated with major airport construction projects and for the replacement of large equipment used at the Airport. These expenditures will continue to be funded by the Airport from existing operating and capital accounts. The Capital Reserve Fund was established through a transfer of funds from the Airport Operating Fund. Airport and Financial Services staff is recommending the elimination of the Airport Capital Reserve Fund and transferring the remaining funds back to the Airport Operating Fund. ALTERNATIVES: The only alternative would be to retain the Airport Capital Reserve Fund though there is no legal requirement. Retention of the fund would require additional financial and audit resources to maintain the separate fund. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Non - applicable EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 0 $0 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $65,417 0 $65,417 BALANCE $0 $65,417 0 $65,417 Fund: 4611 Airport Capital Reserve Fund RECOMMENDATION: Staff recommends the appropriation and transfer of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund and increasing appropriations from the No. 4610 Airport Operating Fund for capital expenditures, as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 and increasing revenues and expenditures by $65,417. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $65,417 is appropriated from the No. 4611 Airport Capital Reserve Fund and transferred to the No. 4610 Airport Operating Fund, and appropriations from the No. 4610 Airport Operating Fund are increased for capital expenditures, as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement. SECTION 2. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended to increase revenues and expenditures by $65,417. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0008_2_Ord- approp transferring from NO 4611 to No 4610 9 -05 -12 Joe Adame Mayor Page 2of2 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 0008_2_Ord- approp transferring from NO 4611 to No 4610 9 -05 -12 Joe Adame Mayor Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund; and appropriating the $79,188.69 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund SECTION 2. That $79,188.69 grant is appropriated in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor State of Texas Office of the Governor Criminal Justice Division Rick Perry Governor August 29, 2012 Mr. Troy Riggs Assistant City Manager PREVIEW - Corpus Christi, City of - PREVIEW - 321 John Sartain Corpus Christi, Texas 78401-2511 Dear Mr, Riggs: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at httoslictdonlinc.Rovernoi.state.tx us and go to the 'My Home' tab. In the Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the 'Accept Award' tab. From this tab, click on the 'Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer CID grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensue the success of your program. Sincerely, Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463-1919 (Voice) / (512) 475-2440 (FAX)! Dial 7-1-1 For Relay Services OFFICE OF Tilt: GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: VA- 12 -V30- 15223 -13 CFDA or State ID: 16.575 Program Fund: VA- Victims of Crime Act Formula Grant Program Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Tide: Victims of Crime Act Grant Period: 09/01/2012 - 08/31/2013 Liquidation Date: 11/29/2013 Date Awarded: August 29, 2012 CJD Grant Manager: Kaity Cromwell CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost $79,188.69 $16,731.84 $4,000.00 $99,920.53 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund- Specific Requirement(s), if any, cited below: condition(a) of Funding and Other Fund- Specific Requiremant(s): Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county caromissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. The current resolution designates the City Manager as the authorized official; however, the authorized official listed on the grant profile, is the Chief of Police. This will need to be reconciled by either subm ission of a revised resolution or update the authorized official information. In addition, the current resolution states that cash match in the amount of $14,731.84 will be provided; however, the application indicates that the amount of required cash match is $16,731.84. The resolution needs to provide sufficient cash match. Rick Perry Governor State of Texas OH ice of the Governor Criminal Justice Division Memorandum To: CJD Grant Recipients From: Aimee Snoddy, Deputy Director Contact: (512) 463-1919 Re: Grantee Responsibilities Date Awarded: August 29, 2012 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online at hit 'donline overnor.state Financial Reporting—Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded. Due dates are: April 22 (January-March quarter) July 22 (April-June quarter) October 22 (July-September quarter) January 22 (October-December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or electronic transfer. Generated Program Income — Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. Equipment — Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond — Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CID against the loss and/or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees must immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor s office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting— Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instnictions pmvided by CID, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees must readily make available to CJD or its agents all requested records. CJD may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD, Audit Requirements — Grantees expending over $500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A 133 at litto://ww i te ho use.gov/oin b/circulars/index.hltul and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at htip://www.governo r.state.tx.tislesants/ what/. Grantees must electronics'' submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular No. A-133 at hitp://www.whitehouse.gov/omb/circulars/indexiuml or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. Refer to the Guide to Grants at hit ps://ci do 'Ili ne.govel no r.state. tx. pda tes.as px for additional information on supplanting. Conflict of Interest — Grantees should have in place established safeguards to prohibit employees from using their positions fora 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. Contracting and Procurement — Grantees must follow their established policy and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. When a contractual or equipment procurement is anticipated to be in excess of $100,000, grantees must submit a Procurement Questionnaire linos //cidonline governor she Ix us/updates aspx to CJD for approval prior to procurement. Travel — Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for state employees. Uniform Crime Reporting — Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency — Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found at Intri//www lei) gov. Law Enforcement Programs — Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R. Part 23 Training - Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R. Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel - Overtime is allowable to the extent that it is included in the CJD approved budget. Overtime reimbursements paid by CJD will be based on the following seven eligibility requirements: (I) Federal regulations governing these funds prohibit use of grant funds to pay an individual for the same hours in which the individual is being paid by a unit of government. For example, if an officer's regular work hours are 7 a.m. to 4 p.m. and he takes a day of paid annual leave, he is not eligible to be reimbursed with grant funds for any hours he voluntarily works between 7 a.m. and 4 p.m. He may be eligible for any hours worked that day outside of 7 a.m. to 4 p.m. provided the hours worked comply with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. The regulation regarding hours of eligibility for overtime does not apply to an officer who volunteers to work on his regularly scheduled days off provided he complies with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. (2) Hours worked is defined as physical hours on the job and does not include paid annual leave, compensatory leave, sick leave, holiday leave or other paid leave, (3) On-call hours should not be included in physical hours worked or as eligible hours for overtime. (4) Personnel receiving grant funds for overtime must maintain time and activity reports for all time physically worked. The activity description should include detailed information about the actual activities performed. (5) Time should be recorded to the nearest quarter hour. (6) Grantee records must include a clear calculation in how the overtime was computed. (7) Overtime payments issued outside this policy are the responsibility of the grantee agency. Cancellation for Awards - Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days. If a project is not operational within 60 days of the original start date of the award period or gmnt award date as noted on this memorandum, whichever is later, the grantee must report by letter to CJD the steps taken to initiate the project, the reasons for delay, and the expected revised start date. Commencement Within 90 Day& If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to CJD explaining the implementation delay. Upon receipt of the 90-day letter, CJD may cancel the project and redistribute the funds to other project areas. CJD may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90-day period. Public Information Requests - Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local, state, or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection. In addition, grant-funded or grant-leased motor vehicles may not be used for the purpose described above, • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act (5 U.S.C. §§ 1501- 1508) which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: I) be candidates for public office in a partisan election; 2) use official authority or influence to interfere with or affect the results of an election or nomination; or, 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist - Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Legislative Lobbying - Grant funds may not be used to attempt ID influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages - Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition, grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. OneStar Foundation Registration and Organization Profile for Nonprofit Corporations - Each nonprofit corporation receiving funds from CJD must register and connect their organization with the OneStar Foundation at hap //www,onestarfoundation org/page/repistia1ion/. Each nonprofit corporation is also encouraged to create an organizational profile with the OneStar Foundation at IM 3' f wv w onestarfoundation,or / a dor - totile. By completing the Organizational Profile, your organization will be eligible to receive notification of opportunities, such as: • Organizational excellence scholarships to build the capacity of your organization, including organizational assessments, trainings, consulting, conferences and other professional development activities; • Funding announcements and events related to national service and volunteerism; and • Chances to participate in important research on the needs and trends of the social sector and its stakeholders. DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 9/25/2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Floyd Simpson, Chief of Police f loyds(c�cctexas. com 361- 886 -2604 In -Car Video Recording System CAPTION: Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funds for this purchase are available in the General Fund 1020. PURPOSE: The video recording systems will be used to record traffic stops and crime scenes that patrol officers encounter in their day to day duties. BACKGROUND AND FINDINGS: Funds to purchase 164 video recording systems from Coban Technologies are being funded by a transfer from the Unreserved Fund Balance in the Liability and Employee Benefits - General Liability Fund No. 5611 to the General Fund 1020 in the amount of $1,520,000. This transfer has been included in the FY 2012 -2013 annual budget. Additionally, $303,775 has been appropriated into the General Fund through the FY 2012 -2013 budgeted process. Therefore, $1,216,225 is appropriated to finalize this purchase. The $80,000 received from the General Fund No. 1020 will be utilized by the MIS Department to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: MIS Department and Police Department FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,520,000.00 $1,520,000.00 Encumbered / Expended Amount This item $1,506,611.30 $1,506,611.30 BALANCE $13,388.70 $13,388.70 Fund(s): Current year: General Fund No. 1020 and MIS Fund No. 5210 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Presentation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GABRIEL MALDONADO DATE: SEPTEMBER 25, 2012 Price Sheet HGACBUY- CONTRACT NO. EF04 -11 Purchase of In -Car Video Recording Systems ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1. In -Car Video Recording System 152 Each $4,333.00 $658,616.00 Edge - 5.7" Monitor System Camera & Microphone 2. In -Car Equipment, Hardware, Software & Confirguration, 1 Lot 447,627.35 447,627.35 Installation, Personnel Training, Shipping Serves - Main and Back Up Solution, Tulso, Saratoga and Flour Bluff (3 yrs warranty) 3 Motorcycle Recording System 12 Each 4,900.00 58,800.00 4. Motorcycle Options, Mounting Hardware & Installation 1 Lot 18,909.00 18,909.00 5. In -Car & Motorcycle - DVMS Maintenance, Support & 1 Lot 61,500.00 61,500.00 Upgrades to cover 152 units & 12 motorcyles for 3 years. 6. Wireless Equipment 1 Lot 181,158.95 181,158.95 Award Total $1,426,611.30 Page 1 of 2 Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $1,216,225 from the General Fund No. 1020 is appropriated for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet. Section 2. The FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $1,216,225. Section 3. An amount of $80,000 from the General Fund No. 1020 is transferred to and appropriated in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations. Section 4. The FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase revenues and appropriations in the MIS Fund No. 5210 by $80,000 each. Section 5. The purchase of 164 vehicle video recording systems from Coban Technologies, Inc., of Stafford, Texas for $1,426,611.30 is authorized and awarded based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2 of 2 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor a) U • • 0 a) 'ct5 c0 0 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 25, 2012 Second Reading Agenda Item for the City Council Meeting of October 9, 2012 DATE: 7/30/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo(c�cctexas.com; 361- 826 -3464 Parks and Recreation Master Plan CAPTION: Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi Parks and Recreation Master Plan; providing for repeal of conflicting ordinances; and providing for severance. PURPOSE: The Texas Parks and Wildlife Department requires all local parks and recreation departments to have a new master plan approved every eight to ten years or before any major developments occur which will significantly impact the recreation needs of a community. An approved master plan serves as major point value in the TPWD Grant Application and Evaluation Process. The primary function of the Strategic Parks and Recreation Master Plan (Master Plan) is to assess the current park system, identify needs and deficiencies in the system and establish goals and priorities for maintaining, improving and developing a park system that meets the recreation needs and demands of the community. BACKGROUND AND FINDINGS: The previous Corpus Christi Parks, Recreation and Open Space Master Plan was completed and adopted in 2002. Updates to the plan and priority development lists were made in 2006, 2008 and 2010. In October 2010, City Council approved a contract for professional services with Halff Associaties, Inc to assist the Parks and Recreation Department with the development of the 2012 Corpus Christi Parks and Recreation Master Plan. In addition to conducting a complete inventory and assessment of the current park system, Halff conducted over 10 public meetings and presentations, met with key staff members, stakeholders, advisory groups and commissions and conducted extensive web based and telephone surveys to gather input on recreation priorities and needs throughout the community over the course of 18 months. The proposed Master Plan was approved by the Parks and Recreation Advisory Committee on Wednesday, July 11, 2012. A public hearing was held and the plan approved by the Planning Commission meeting on Wednesday, August 29, 2012. A link to view the Master Plan document has been added to the City of Corpus Christi webpage and a copy is also available in the City Secretary's office for review by the public. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The City Council must approve all amendments to the Comprehensive Plan of the City of Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - Emergency. As per City policy, a public hearing must be held to amend the Comprehensive Plan of the City of Corpus Christi. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0.00 Encumbered / Expended Amount This item 0.00 BALANCE 0.00 Fund(s): Comments: There is no budget impact from this agenda item. RECOMMENDATION: Approve the proposed ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Summary — 2012 Corpus Christi Strategic Parks and Recreation Master Plan Page 1 of 2 Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi Strategic Parks and Recreation Master Plan; providing for repeal of conflicting ordinances; and providing for severance. Whereas, in accordance with proper notice to the public, a public hearing was held on Wednesday, August 29, 2012, during a meeting of the Planning Commission and on Tuesday, September 25, 2012, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard regarding the proposed Corpus Christi Strategic Parks and Recreation Master Plan; and Whereas, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and Whereas, the City Council has determined that the adoption of the Corpus Christi Strategic Parks and Recreation Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, 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 Comprehensive Plan of the City of Corpus Christi, Texas is amended by the adoption of the Corpus Christi Strategic Parks and Recreation Master Plan. A copy of the Corpus Christi Strategic Parks and Recreation Master Plan shall be filed with the Office of the City Secretary. SECTION 2. That the Corpus Christi Strategic Parks and Recreation Master Plan shall replace the Corpus Christi Parks, Recreation and Open Space Master Plan. SECTION 3. That the City of Corpus Christi Strategic Parks and Recreation Master Plan establishes the City of Corpus Christi's policies for development and maintenance of parks and recreation services and the acquisition and preservation of open space within the City. The City of Corpus Christi Strategic Parks and Recreation Master Plan is a portion of the Comprehensive Plan of the City. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or restrictions different from those imposed by any other provision of any other City ordinance, rule, or regulation, the provisions of this ordinance shall control. SECTION 5. 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. Therefore, if 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. Page 2of2 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 Executive Summary - 2012 Corpus Christi Parks, Recreation and Open Space Master Plan Background The City of Corpus Christi prepared a Parks, Recreation and Open Space Master Plan in 2002 and performed a major update in 2006. Additional updates were performed in 2008 and 2010 to realign recreation priorities. This Master Plan will provide guidance to City staff and elected officials for the timeframe of 2012 to 2022. The 2012 Parks, Recreation and Open Space Master Plan reflects current sentiments that residents have about City parks and provides direction regarding: 1. Operations and maintenance cost savings, and 2. The expenditure of future funds to maximize the benefit for Corpus Christi residents. Key Steps in the Master Planning Process The master planning process was very interactive, incorporating over 40 meetings with residents, stakeholders, the Master Plan Advisory Committee and City staff. Key steps in the master planning process included: 1. Inventory and assessment of existing parks and recreation facilities 2. Public Engagement Meetings with Master Plan Advisory Committee Community meetings with Residents and stakeholders Web and Telephone surveys 3. Needs Assessment and Prioritization 4. Preliminary Master Plan Preparation Public meetings to present findings and recommendations 5. Master Plan Finalization 6. Master Plan Approvals and Adoption Master Plan Advisory Committee PRAC Planning Commission City Council Key Findings Compared to other cities in Texas, Corpus Christi has a high number of park sites per 1,000 population. However, on average, Corpus Christi's parks are significantly smaller in size than other cities. Through the public engagement process, residents expressed their desire for parks that are attractive, well maintained and offer numerous recreation activities that benefit a diverse range of the population. Based on preferences provided by residents through the telephone and web surveys, as well as through public meetings, the top recreation priorities for CC residents are: • Walking, Jogging, Bicycling (Trail related activities) • Music, dance, theater • Swimming and Water Play • Canoeing and Kayaking • Picnicking • Festivals and special events • Bird watching and nature study • Fishing — Saltwater • Fitness classes and Programs • Playgrounds and play equipment Key Recommendations Based on the results of public engagement and review of the park inventory specific recommendations are provided to realign the organization, maintenance and development of new facilities within the Corpus Christi Parks and Recreation Department. These include: 1. Create seven Park Planning Areas within the City to help guide future park maintenance and development 2. Reclassify parks and recreation facilities to more accurately reflect current usage and circumstances 3. Create new maintenance levels that correspond to levels of use between parks and within certain parks 4. Reduce the number of small parks and parks that are under utilized 5. Focus new development on larger, "Major Investment Parks ", with at least one per Park Planning Area 6. Provide new off road trails and on- street bike lanes to provide connections to major parks and activity centers cn cn a) V 0 P-1 •O ro ro CU ro O 0 .O cu cu rt cn cn r0 F-�•I u r0 CA O ° r0 rt o0 � N O u jI .., ri o N ".15-) o6 �� O r CU 0 r U Ci) ;) bA r0 r0 o o a4 o 4 .V CJ � o 1 ,� o V v -V ro ci) O O Increase recreation opportunities and activities r0 a) ^^ C/5 O v QJ 4 G- -Iro-� CD �-I r 1-1 r0 a) E cu el 1 V co V ov � O 7.1 co ,-1 1 (f) _L_, a) 8 co co .—_, U� O� +' v - ca--+t E; RI 4 cu p E c„ +J r•-1 A-"-1 +J V t ro CU cn 'd t u '-' ft rt ft �--+ CU cu cn I-1 ft Cn .5 r +-+ V ; �ro� �� E EO r0� ■. ro -' — 40 0 ft 2 L1-1 U CU ft .P.1 ra qj ;-' 17) 4-1 CU 1-0 CD o v cn Icn r0 CI) • 7 • �..� 1-1 V CU r0 1 Ct CU rt r0 O O v fi es 0 8 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Rem for the City Council Meeting of September 25, 2012 DATE: August 6, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Tax Abatement for Mr. Owen A. Norton for the property located at 908 and 916-928 Staples Street CAPTION: Resolution authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement. PURPOSE: Granting a tax abatement to Mr. Owen A. Norton for a term of up to eight years. BACKGROUND AND FINDINGS: Mr, Owen A. Norton submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located at 908 and 916-928 Staples Street. The development is located within the Texas Enterprise Zone, a council identified catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Mr. Norton is seeking tax abatement as per section 3 of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally-Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad-valorem tax will be abated based on the following schedule: Years 1-5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The 8,950 square foot building will become a restaurant, and retail and office space keeping the period look. Improvements are estimated to be approximately $425,000. The property is currently appraised at $76,946 and is currently vacant. This project will create 10 permanent jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Tier 3 treatment. It is in a Texas Enterprise Zone and it is locally owned. EMERGENCY / NON-EMERGENCY: NON-EMERGENCY FINANCIAL IMPACT: Operating Revenue 0 Capital 0 Not applicable Fiscal Year 2011- 2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Project to Date Expenditures (CIP only) RECOMMENDATION: Future Years TOTALS 10,912 10,912 10,912 10,912 Staff recommends approval to grant tax abatement to Owen A. Norton, the owner of taxable property located at 908 and 916-928 Staples Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Tax Abatement Application Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Mr. Owen A. Norton for the construction of improvements to facilities in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Mr. Owen A. Norton providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Mr. Owen A. Norton, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0012 2 RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 Joe Adame Mayor Page 2of2 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 0012 2 RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 APPLICATION FOR TAX ABATEMENT This application should be filed prior to the beginning of construction or the installation of improvements. The filing of this document acknowledges familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement. This application will become part of the Tax Abatement Agreement and any knowingly false representations will be grounds for terminating the Agreement. This Application should be submitted to the City Manager, City Hall, 1201 Leopard, P.O. Box 9277, Corpus Christi, Texas 78469 (for properties inside the City limits) and to the County Judge, Nueces County Courthouse, 901 Leopard Street, Corpus Christi, Texas 78401 (for properties in unincorporated areas). FOUR COPIES OF THE APPLICATION SHOULD BE FILED WITH THE APPROPRLATE GOVERNMENTAL UNIT. .. .... ......... A cant Information Date Project Inforpiation Use of Facility, asic Manufacturing or Service Industry OPetrochemical Facility E1 Regional Visitor/Amusement Facility El Renewal Community Facility ibe Pro et, Service or Facility to be provided. 11/4„ Project Deseription: ATTACH ANNUAL REPORT Number of Employees DRegional Distribution Center ORegional Telecommunications Facility DEnterprise Zone Residential Redevelopment Facility .1 Attach as Exhibit A (one or more letter-size pages) a statement fully explaining the project, desert. e xisti g 5hJ and improvements, describing all proposed improvements and investments, and providing a list of improvements and property for which abatement is requested. qt.k, Operation Address an Le, City School District [WOW PROJECT DEXPANSION EMODERN]ZATION egription Attach as Exhibit 13 (one or more letter-size pages) a complete legal description andlor map showing proposed site. Economic Information cmistruction Estimates Commencement Date: Completion Date: Peak Construction Jobs: Total Cost of Construction: Permanent Employment Estimat Permanent Employment Number of Jobs Created PAGE TWO IF MODERNIZATION: Estimated Economic Life of Existing Plant: (t.- Added Economic Life from Modernization: Estimated Appraised Value on Site M ofIanuary 1 Preceding Abatement Agreement Value of Abated Property upon Completion of Project Value upon Completion of Project of any Property and Project Improvements not subject to Abatement Land lmkrovements Personal Property Z:6 043-0 bC) On Is the land currently under an agricultural-use or open-space exemption? Yes Land/Imp. Tax Acct, No, Personal Prop, Acct, No, VARIANCE, Is the applicant seeking variance under Section 3(t) of the Guidelines? Yes EjNo Off "yes" attach the required supplementary information, OTHER ABATEMENTS: Has the applicant made application for abatement of project by another taxing jurisdiction or nearby counties? Yes ONo DIf "yes" provide dates of application, hearing dates, if scheduled, name ojk risdiction nd contacts, and letters of intent, COMPA RESENTAT Name: Name and Title of Authorized Company Offlcial INSTRUCTIONS Applicants and projects must meet the requirements established by the Guidelines and Criteria in order to receive positive consideration. Section 2 of the Guidelines, for example, sets out regulations governing eligible facilities, eligible and ineligible improvements, terms and economic qualifications. Conformance with all sections is required for eligibility. APPLICATION INFORMATION The taxing unit may consider Applicant's financial capacity in determining whether to enter into an abatement agreement. Established companies for which public information is available, or the wholly-owned businesses of such companies, should attach a statement showing when the company was established, business references (name, contact and telephone number of principal bank, accountant and attorney) and may be required to submit an audited financial statement and business plan. PROJECT INFORMATION Only facilities listed in the Guidelines may receive abatement without applying for a variance. Check the definitions in the Guidelines to see if your project qualifies. If the project is a Basic Manufacturing or Service Industry or a Regional Distribution Center, the Application should include market studies, business plans or other materials demonstrating that the facility is intended to serve a market the majority of which is outside of the Nueces County region. ECONOMIC INFORMATION Permanent Employment Estimates — In estimating permanent employment, include the total number of jobs (using Full Time Equivalents) created at this site by your firm as well as known permanent jobs of service contractors required for operation. Estimated Appraised Value on Site — The value January 1 preceding abatement should be the value established by the Nueces County Appraisal District. if the Applicant must estimate value because the taxable value is not known or is combined with our properties under a single tax account, please so state. To qualify, the abated properties must meet the criteria outlined in the Tax Abatement Policy. Projections of value should be a "best estimate" based on taxability in Texas. TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ( "Agreement ") is made and entered into by and between the City of Corpus Christi, Texas ( "City ") and Owen A. Norton, a Sole Proprietor, the owner of taxable property ( "Owner ") in the City of Corpus Christi, Texas, located on 908 and 916 -928 Staples Street, Corpus Christi, Nueces County, Texas ( "Property "). L AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act "), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEPI ITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Added Value" means the increase in the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of improvements made after January 1, but before the execution of this Agreement. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the foliowing events: (1) When a certificate of occupancy is issued for the project (if within City limits).. (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. Page 1 of 14 Project Cap Tax Abatement Agreement 7 -19 -12 Redfned.docx (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule, 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility' means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. B. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. 111 PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas, B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement, Account No. 7921-0002-0080 (R2000 18612) Page 2 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx Land $32200 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $44,746 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $76,946 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2020 tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion, exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement, B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. 4. The Added Value of Eligible Property is abated under Article VI of this Agreement. VI. AMOUNT OF ABATEMENT Page 3 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlned.docx A. The Abatement provided by this Agreement is based upon a small business facility located in a catalyst area the Renewal Community. Owner represents and warrants that this project will add 10 additional permanent or full -time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. The percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) 100% Year I 100% 100% 100% 75% 50% 25% B. In order to be counted as a permanent job under this Agreement. the job must be a full -time position providing regular work schedules of at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year, commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent Improvements upon completion of the Construction Phase is: $425,000 (Estimated Added Value "), of which $425,000 is eligible for tax abatement, D. In the event that upon completion of the Construction Phase, the Added Value of permanent Improvements,, as determined by the Appraisal District, is at any time during the period of Abatement less than eight -five percent (85 %) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes under this Agreement, an amount equal to the then current tax rate of the City applied to the difference between the Added Value from eighty -five percent (85 %) of the Estimated Added Value, multiplied by 100 %, minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" includes casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war; and the like. E. The formula for calculating the additional tax is outlined as follows: Page 4 of 14 Projeo# Cap Tax Ab aterrtent Agreement 7- 1g -12 Redlined.docx (Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement %)] Additional Tax, VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add 10 additional permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of 10 permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of 10 permanent jobs by the next January 1, then this Abatement Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must be paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. Page 5 of 14 Project Cap Tax Abatement Agreement 7-19-12 Recliined.docx D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Added Value Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value, then a lower percentage of Abatement is applicable. For each year during which an Abatement has been granted, the difference between the tax abated and the tax that should have been abated based upon the actual Added Value as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest does not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. F. Reduction in Rollback Tax Rata 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code, and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate, computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as Page 6 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate or Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. if the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42,43. X. ADMINISTRATION A. inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals.. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the fuli taxable value in the appraisal records. 3. The full taxable value figure listed in the appraisal records is used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Page 7 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx 4. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. The annual report is accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. 5. The copies of the four prior quarterly IRS 941 returns must be provided to verify employment. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. E. Utilization of Disadvantaged Business Enterprises ("DBE). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the Page 8 of 14 Project Cap Tax Abatement Agreement 7-19-12 Reaned docx sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. F. Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. G. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. H. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Owner is convicted of a violation under §U.S.C. Section 1324a(f), Owner shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Owner has been notified of the violation, X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities is joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. I. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. Page 9 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager To the Owner: Owen Norton 4003 Bunny Run Austin, Texas 78746 C. Either party may designate a different address by giving the other party ten days wriften notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of ,2012. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa Ronald L. Olson City Secretary City Manager Page 10 of 14 Project Cap Tax Abatement Agreement 7-19-12 Rediined Aocx OWNER: By: STATE OF TEXAS ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS /7.1( 2012, by This instrument was acknowledged before me on Owen A. Norton, Sole Proprietor. LETICIA NotartfTisbite STATE 9F My Comm. Page 11 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Page 12 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined docx Exhibit A Project Plan Mr. Norton will renovate this 1920's era strip center as defined as 918-926 Staples Street with the adjacent parking lot defined as 908 Staples. The owner will invest approximately $425,000 to create retail, restaurant, and office space keeping the period look. This will revitalize this area of town by providing a mixed use facility. Page 13 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx EXHIBIT B Description of Property Page 14 of 14 Project Cap Tax Abatement Agreement 7-19-12 Redlined.docx August 20, 2012 Nueces County County Judge Loyd Neal 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 Corpus Christi Independent School District Superintendent Scott El liff 801 Leopard Street Corpus Christi, Texas 78401 Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION This is notice that the City of Corpus Christi intends to determine whether to grant a temporary tax abatement to Owen Norton for his property located at 908 and 916-928 South Staples Street in Corpus Christi, Texas on August 28, 2012 in the City of Corpus Christi's City Council room in City Hall located at 1201 Leopard Street Corpus Christi, Texas. This property is in a Texas Enterprise Zone and is eligible for a Tier 3 abatement which is based upon a mixed use facility located in a catalyst area. Owner represents and warrants that this project will add 10 additional permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. The percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) Year 4 Year 5 Year 6 100% 100% 100% 100% 75°A) 50% 25% As required by Texas Tax Code Section 312, all taxing jurisdictions must be notified at least seven (7) days prior to the public hearing. If you have any concerns please be present at this hearing. Mike Culbertson Vice President One Shoreline Plaza 800 North Shoreline Blvd, Suite 1300 South Corpus Christi,Texas 78491 p 361-882-7448 f 361-862-9930 www,ccrdc,corn Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $94,705.39 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 13, with a City match of $47,165.68, in -kind match of $7,200 in the No. 1020 Police General Fund; and appropriating the $94,705.39 in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department and authorizing the transfer of $47,165.68 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $149,071.07 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $94,705.39 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 13, with a City match of $47,165.68, in -kind match of $7,200 in the No. 1020 Police General Fund. SECTION 2. That $94,705.39 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department and authorizing the transfer of $47,165.68 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $149,071.07. 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 Chris N. Adler Kelley Allen Larry Elizondo, Sr Priscilla G. Leal David Loeb John Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor State o f T ex as O f f i c e o f t h e G o v e r n o r Criminal Justice Division Rick Perry Governor September 05, 2012 Mr. Troy Riggs Assistant City Manager PREVIEW - Corpus Christi, City of - PREVIEW - 321 John Sartain, P.O. Box 9016 Corpus Christi, Texas 78401 -2511 Dear Mr. Riggs: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at https:/ /cjdonline.governor.state.tx.us and go to the `My Home' tab. In the `Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the `Accept Award' tab. From this tab, click on the `Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer CJD grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A &M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensure the success of your program. Sincerely, Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463 -1919 (Voice) / (512) 475 -2440 (FAX)/ Dial 7-1-1 For Relay Services OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: WF- 12 -V30- 15171 -14 Program Fund: WF- Violence Against Women Formula Grants Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Title: Victim Assistance Program Grant Period: 09/01/2012 - 08/31/2013 Liquidation Date: 11/29/2013 Date Awarded: September 05, 2012 CJD Grant Manager: Meg Kee CFDA or State ID: 16.588 CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $94,705.39 $47,165.68 $7,200.00 $149,071.07 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget /Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund - Specific Requirement(s): 1 Rick Perry Governor State o f T ex as O f f i c e o f t h e G o v e r n o r Criminal Justice Division Memorandum To: CJD Grant Recipients From: Aimee Snoddy, Deputy Director Contact: (512) 463 -1919 Re: Grantee Responsibilities Date Awarded: September 05, 2012 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online at https//: ejdonline.governor.state.tx.us: Financial Reporting — Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded. Due dates are: April 22 (January-March quarter) July 22 (April -June quarter) October 22 (July- September quarter) January 22 (October- December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or electronic transfer. Generated Program Income — Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. Equipment — Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond — Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss and /or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees must immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting — Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by CJD, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees must readily make available to CJD or its agents all requested records. CJD may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD. Audit Requirements — Grantees expending over $500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A 133 at http://www.whitehouse.gov/omb/circulars/index.html and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at http://www.governor.state.tx.us/orants/what/. Grantees must electronicall submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular No. A -133 at http. / /www.whitehouse.gov /omb /circulars /index.html or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. Refer to the Guide to Grants at https./ /cjdonline.governor.state.tx.us /updates.aspx for additional information on supplanting. Conflict of Interest — Grantees should have in place established safeguards to prohibit employees from using their positions for a 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. Contracting and Procurement — Grantees must follow their established policy and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. When a contractual or equipment procurement is anticipated to be in excess of $100,000, grantees must submit a Procurement Questionnaire https: / /cjdonline. governor .state.tx.us /updates.aspx to CJD for approval prior to procurement. Travel — Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in -state and out -of -state travel, grantee must use the travel guidelines established for state employees. Uniform Crime Reporting — Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency — Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found at http://www.lep.gov. Law Enforcement Programs — Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R. Part 23 Training - Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R. Part 23 at least once for each continuous two -year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel - Overtime is allowable to the extent that it is included in the CJD approved budget. Overtime reimbursements paid by CJD will be based on the following seven eligibility requirements: (1) Federal regulations governing these funds prohibit use of grant funds to pay an individual for the same hours in which the individual is being paid by a unit of government. For example, if an officer's regular work hours are 7 a.m. to 4 p.m. and he takes a day of paid annual leave, he is not eligible to be reimbursed with grant funds for any hours he voluntarily works between 7 a.m. and 4 p.m. He may be eligible for any hours worked that day outside of 7 a.m. to 4 p.m. provided the hours worked comply with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. The regulation regarding hours of eligibility for overtime does not apply to an officer who volunteers to work on his regularly scheduled days off provided he complies with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. (2) Hours worked is defined as physical hours on the job and does not include paid annual leave, compensatory leave, sick leave, holiday leave or other paid leave. (3) On -call hours should not be included in physical hours worked or as eligible hours for overtime. (4) Personnel receiving grant funds for overtime must maintain time and activity reports for all time physically worked. The activity description should include detailed information about the actual activities performed. (5) Time should be recorded to the nearest quarter hour. (6) Grantee records must include a clear calculation in how the overtime was computed. (7) Overtime payments issued outside this policy are the responsibility of the grantee agency. Cancellation for Awards - Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days. If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must report by letter to CJD the steps taken to initiate the project, the reasons for delay, and the expected revised start date. Commencement Within 90 Days. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to CJD explaining the implementation delay. Upon receipt of the 90 -day letter, CJD may cancel the project and redistribute the funds to other project areas. CJD may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90 -day period. Public Information Requests - Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals - Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local, state, or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection. In addition, grant- funded or grant - leased motor vehicles may not be used for the purpose described above. • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act (5 U.S.C. §§ 1501- 1508) which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: 1) be candidates for public office in a partisan election; 2) use official authority or influence to interfere with or affect the results of an election or nomination; or, 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist - Grant funds may not be used to employ, as a regular full -time or part -time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Legislative Lobbying - Grant funds may not be used to attempt to influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages - Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition, grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. OneStar Foundation Registration and Organization Profile for Nonprofit Corporations - Each nonprofit corporation receiving funds from CJD must register and connect their organization with the OneStar Foundation at http://www.onestarfoundation.org/paoe/registration/. Each nonprofit corporation is also encouraged to create an organizational profile with the OneStar Foundation at http://www.onestarfoundation.org/pageorg-profile. By completing the Organizational Profile, your organization will be eligible to receive notification of opportunities, such as: • Organizational excellence scholarships to build the capacity of your organization, including organizational assessments, trainings, consulting, conferences and other professional development activities; • Funding announcements and events related to national service and volunteerism; and • Chances to participate in important research on the needs and trends of the social sector and its stakeholders. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 25, 2012 Action Item for the City Council Meeting of October 9, 2012 DATE: TO: September 5, 2012 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager for Business Support Services WesP@cctexas.com 826 -3082 Replacing /revising ordinance creating the Corpus Christi Museum Advisory Board CAPTION: Ordinance repealing and reenacting section 2 -90 "created; membership; terms; filling vacancies" dissolving the Corpus Christi Museum of Science and History Advisory Board and creating a new Corpus Christi Museum of Science and History Advisory Board and amending section 2 -92 "Meetings; function" of the code of ordinances by modifying the meeting from monthly to quarterly; providing an effective date; providing for severance; and providing for publication. PURPOSE: The Museum is operating under a management agreement with CCMJV. The Museum Advisory Board Ordinance is being changed to fit the requirements of the new operating plan. BACKGROUND AND FINDINGS: The Museum Advisory Board has an important role under the Management Agreement with Corpus Christi Museum Joint Venture (CCMJV). The City Council remains the governing authority for the Museum and ownership of the facility and collections is retained by the City. A pivotal measure of the Museum's success will continue to be American Association of Museums (AAM) Accreditation and Texas Historical Commission (THC) Certification. The City retains policy making responsibility and the Advisory Board will continue to provide important guidance and input to the City on those policy decisions. However, the Committee's role in operational issues has changed over time. The Museum Advisory Committee Ordinance was last revised 25 years ago. That revision did not envision the much greater role that the Friends of the Museum and the Museum Auxiliary have assumed in funding the Museum. Component expenses that were funded by the Museum at that time are now funded by the Friends or the Auxiliary including exhibits, education programs, collections care, staff travel, subscriptions, and many minor capital expenditures for equipment and improvements. The migration of funding decisions to the Boards of Directors of the Friends and Auxiliary made much of the work of the Advisory Board redundant. The Friends will continue their current role in collaboration with CCMJV. However, under the Management Agreement operational decisions are much more structured. As a result of these changes the number serving on the Advisory Board has been reduced from 12 to 6 while allowing for the expansion of this number through advisory appointees. The frequency of meetings has been reduced from monthly to quarterly although more frequent meetings can be called by the Board chair. ALTERNATIVES: It is possible to continue with the current number of appointees and the current frequency of meetings, but it is not thought necessary. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON - EMERGENCY: This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: The Museum Advisory Board reviewed and approved this proposal on August 2, 2012. FINANCIAL IMPACT: ❑ Operating ❑ 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 Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends adoption of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Revising CC Museum Advisory Board Ordinance Repealing and reenacting section 2 -90 "created; membership; terms; filling vacancies" of the code of ordinances, dissolving the Corpus Christi Museum of Science and History Advisory Board and creating a new Corpus Christi Museum of Science and History Advisory Board; amending section 2 -92 "Meetings; function" of the code of ordinances by modifying the meeting from monthly to quarterly; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Section 2 -90 "created; membership; terms; filling vacancies" of Article IV of Chapter 2 of the Code of the City of Corpus Christi is hereby repealed with the following sections reenacted to read as follows: Sec. 2 -90. - Created; membership; terms; filling vacancies. There is hereby created the Corpus Christi Museum of Science and History Advisory Board which shall consist of six (6) members. The board members shall be appointed by the mayor with the advice and consent of the city council. Their terms shall run for a full three (3) years. Upon the occurrence of any vacancy, it shall be filled for the unexpired term. The board members shall be selected as follows: Two (2) members shall be nominated by the Friends of the Museum; and four (4) members shall be nominated by the Mayor who shall seek at least one member from each of the following fields: K -12 education, higher education and the business community. Ex officio members shall include the city manager and the superintendent of the Corpus Christi Independent School District or their designated representative. The mayor shall have the authority to appoint such individuals as the mayor deems serve the best interest of the museum as advisory members who shall serve without pay and without vote. The term of each advisory member shall be three (3) years. SECTION 2. That Section 2 -92 "Meetings; function." of Article IV of Chapter 2 of the Code of the City of Corpus Christi is hereby amended to read as follows: Sec. 2 -92. - Meetings; function. The board shall hold regular meetings at least once each month quarterly and such special meetings as may be called by the chairman with notice to all members. The advisory board shall serve as an advisor to the museum department and to the city council in matters of support and development of the museum. The board may adopt comprehensive policies relating to the: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the deacquisition of objects in and for the collection; (4) Use of museum facilities. When adopted by the advisory board and approved by the city manager, the director of the museum shall implement such policies. SECTION 3. The effective date of this ordinance is October 1, 2012. SECTION 4. 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 5. 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. 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 Chris N. Adler Kelley Allen Larry Elizondo, Sr Priscilla G. Leal David Loeb John Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr Priscilla G. Leal David Loeb John Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of September 25, 2012 Second Reading for the City Council Meeting of October 9, 2012 DATE: October 9, 2012 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP ©cctexas.com 361.826.3082 Appropriation of Funds Related to the American Bank Center's Marketing and Co- Promotion Fund CAPTION: Ordinance appropriating $600,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; appropriating $115,999.96 from the reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $600,000 and expenditures by $ 1,315,999.96. PURPOSE: City Council's approval is needed to appropriate $715,999.96 of funds that the Corpus Christi Business and Job Development Board (i.e., the "Type A Board ") previously approved from the unreserved fund balance in the Fund 1130 "Arena Facility Fund" for marketing and co- promotion expenditures at the American Bank Center. Part of those funds were approved by the Type A Board in April 2012 ($600,000) and reside in Fund 1130 "Arena Facility Fund ". This ordinance authorizes the transfer of these funds to Fund 4710 "Visitors Facilities Fund" where the expenditures will be made. Additionally in Fund 4710 "Visitors Facilities Fund ", there is another $115,999.96 of unexpended marketing and co- promotion funds from prior fiscal years that the Type A Board previously approved that will be appropriated by this agenda item. The sum of the $600,000 from Fund 1130 "Arena Facility Fund" and the $115,999.96 from Fund 4710 "Visitor Facilities Fund" totals $715,999.96 which is the amount of increased appropriations in Fund 4710 "Visitor Facilities Fund" that results from this agenda item. Ordinance No. 029577, adopting the FY 2012 -2013 operating budget, must increase expenditures by $1,315,999.96, however, because the $600,000 is an expenditure in Fund 1130 "Arena Facility Fund" that is being transferred to Fund 4710 "Visitors Facilities Fund ", and $715,999.96 will become an expenditure in Fund 4710 Visitors Facilities Fund ". The sum of the expenditures from these two funds equals $1,315,999.96. Since the ordinance adopting the FY 2012 -2013 operating budget approves total revenue for all funds and total expenditures for all funds, the ordinance for this agenda item must include the sum of the increase in expenditures for both funds. BACKGROUND AND FINDINGS: On May 15, 2009 the Corpus Christi Business and Job Development Board (i.e. the "Type A Board ") approved to spend $500,000 from Fund 1130 "Arena Facility Fund" for marketing co- promotion to promote, retain, secure, and host various events at the Arena facility. At July 31, 2012, $11,000 of this $500,000 remained uncommitted and unspent, and $104,999.96 had been previously committed but unspent at July 31, 2012. On April 16, 2012 the Type A Board approved an additional $600,000 to be spent in the same manner. This additional $600,000 had not previously been brought to the City Council for approval and appropriation. This action is necessary to appropriate the funds in the Fund 1130 "Arena Facility Fund" and to approve the transfer to the Fund 4710 "Visitors Facility Fund" so that they can be expensed in the current fiscal year. The additional $115,999.96 that is being appropriated in the Fund 4710 "Visitors Facility Fund" is sum of the unspent amount from prior years noted above that was reserved in fund balance at July 31, 2012 and the uncommitted amount from prior years that is in the unreserved fund balance in the Fund 4710 "Visitors Facility Fund ". Any funds remaining at July 31, 2013 will be again be reserved in fund balance in Fund 4710 "Visitors Facilities Fund" and will either be included in the fiscal year 2013 -2014 operating budget for Fund 4710 "Visitors Facilities Fund" or will be appropriated during fiscal year 2013 -2014 as the need arises. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - - - This item - $ 715,999.96 $ - $ 715,999.96 BALANCE - $ 715,999.96 $ - $ 715,999.96 FUND(S): Fund 1130 "Arena Facility Fund" Fund 4710 "Visitors Facility Fund" COMMENTS: The SMG contract was approved by the City Council on February 24, 2009. The amount listed in this agenda item has already been approved by the Type A Board. RECOMMENDATION: Staff recommends that City Council approve this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: • Financial Services Department • Legal Department LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $600,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; appropriating $115,999.96 from the reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $600,000 and expenditures by $1,315,999.96. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $600,000 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferred to and appropriated in the No. 4710 Visitors Facility Fund for American Bank Center Marketing and Co- Promotion Expenditures, and that $115,999.96 is appropriated from the reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center Marketing and Co- Promotion Expenditures. SECTION 2. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended to increase revenues by $600,000 and expenditures by $1,315,999.96. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0015_2_Ordinance approp transfer SMG Marketing Co- pro_9 -18 -12 Joe Adame Mayor Page 2of2 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 0015_2_Ordinance approp transfer SMG Marketing Co- pro_9 -18 -12 Joe Adame Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of September 25, 2012 Second Reading for the City Council Meeting of October 9, 2012 DATE: September 14, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 Coastal Surface Lease Agreement with State of Texas for Artificial Reef Project CAPTION: Ordinance authorizing the City Manager or designee to execute a Coastal Surface Lease with the State of Texas to lease approximately 3.0 acres of filled submerged land for the storage of reefing material for use in constructing an offshore artificial reef, for a term of four years, for $500 per month for the first two years, and $833.33 per month for the last two years. PURPOSE: The City will lease a 3 acre site from the State of Texas for the purposes of storing concrete debris and material provided by the Texas Parks and Wildlife Department, Saltwater Enhancement Association and the Coastal Conservation Association for use in constructing an offshore artificial reef. BACKGROUND AND FINDINGS: On October 20, 2009, a presentation on artificial reefs was made to City Council by the Texas Parks and Wildlife Department (TPWD). Mr. Dale Shively, Program Coordinator of State of Texas Artificial Reef Program covered the purpose and details of the State's reefing program, called the Near Shore Reefing Program. The program was designed to increase marine habitat in the Gulf of Mexico, enhance fishing and diving opportunities close to shore within State waters. Council expressed support of the project after the presentation. On October 26, 2010, TPWD gave another presentation and proposed a Joint Artificial Reefing Project between the City of Corpus Christi, Texas Parks and Wildlife, and Saltwater Fisheries Enhancement Association (SEA). The plan would be for the TPWD to obtain the concrete material obtained from donations, the City would be responsible for providing the storage site for these materials, and SEA would match the City's funding up to $50,000 to help pay for finding additional reef materials, transportation, and other available storage sites. Since then, the Coastal Conservation Association (CCA) has also joined in and has pledged $100,000 in support of the project. Upon hearing this second presentation, City Council again expressed support of the project and for funding the cost of the material storage site. City staff has recently negotiated a surface lease with the State of Texas through their General Land Office. The lease area contains 3 acres at the north end of Rincon Road on the Rincon Channel as shown on the attached Council Exhibit. The lease fee is $500 per month for the first two years and then increases to $833.33 per month for the last two years. Total expenditure is almost $32,000 for the four year term. Permitting for the reef has already been obtained by TPWD from the U.S. Corp of Engineers for a 160 -acre reef site located approximately 10.4 miles east/northeast of the Packery Channel jetties. Concrete material is now readily available and more will soon be available from the future demolition of the Copano Bay bridge. The approval of this lease will enable TPWD to begin stockpiling the material. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Leasing of private or state owned lands conforms to City policy. This action does not surpass the $50,000 threshold requiring approval by Council but is instead presented to acknowledge the support indicated in prior council presentations. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 4,500.00 27,499.92 31,999.92 Encumbered / Expended Amount 0 0 This item 4,500.00 27,499.92 31,999.92 BALANCE 0 0 0 Fund(s): General Fund 1020 - 11155 - 530160 Comments: The Lease will become effective on November 1, 2012 and will endure the remaining nine months of the 2012 -2013 fiscal year. Lease payments will be made on a monthly basis of $500.00 per month. RECOMMENDATION: Approval of the lease agreement with State of Texas as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Surface Lease Agreement Project Exhibit STATE OF TEXAS COUNTY OF NUECES TEXAS GENERAL LAND OFFICE COASTAL SURFACE LEASE NO. SL20120044 KNOW ALL MEN BY THESE PRESENTS: This Surface Lease, (the "Lease "), is granted by virtue of the authority granted in Section 51.121, et seq., TEX. NAT. RES. CODE ANN. 31 'I'EX. ADMIN. CODE § 13 (Land Resources), et seq., and all other applicable statutes and rules, as the same may be amended from time to time, and is subject to all applicable regulations promulgated from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the Texas General Land Office, on behalf of the Permanent School Fund of the State of Texas (the "State "), hereby grants to City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, TX, 78469 -9277 ( "Lessee "), the right to use the surface estate of certain Permanent School Fund land (the "Leased Premises ") for the purposes identified in Article V below. ARTICLE II. PREMISES 2.01. The Leased Premises is described below and further described or depicted on Exhibits attached hereto and collectively incorporated by reference for all purposes: Approximately 3.0 acres of filled submerged land in Submerged Land Tracts 749 & 788 2.02. LESSEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE LEASED PREMISES AND ACCEPTS SAME "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. LESSEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON LESSEE'S OWN INSPECTION OF THE PREMISES. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS LEASE. THE STATE AND LESSEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERMS "GRANT" AND /OR "CONVEY" IN NO WAY IMPLIES THAT THIS LEASE OR THE LEASED PREMISES ARE FREE OF LIENS, ENCUMBRANCES AND /OR PRIOR RIGHTS. LESSEE IS HEREBY PUT ON NOTICE THAT ANY PRIOR GRANT AND /OR ENCUMBRANCES MAY BE OF RECORD AND LESSEE IS ADVISED TO EXAMINE ALL RECORDS OF THE STATE AND COUNTY IN WHICH THE LEASED PREMISES ARE LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. ARTICLE IH. TERM 3.01. This Surface Lease No. SL20120044 is for a term of two (2) years, commencing on November 1, 2012 and terminating on October 31, 2014, unless earlier terminated as provided herein. The State reserves the right to review, amend, cancel or otherwise modify this agreement at any time during its term upon 60 -day written notice to Lessee as prescribed in 3.01. 3.02 Provided that Lessee has complied with all terms of this Lease, Lessee shall have the right to extend and renew this Lease for a two (2) year extension upon the same terms and conditions herein, except that consideration shall increase according to Article IV. Lessee must give Lessors written notice of its intent to extend this Lease no less than 90 days prior to the expiration of the then- current term, as it may be extended. ARTICLE IV. CONSIDERATION 4.01. A. As consideration ( "Consideration ") for the granting of this Lease, Lessee shall pay rent ("Rent") to the State (payable to the Commissioner of the General Land Office at Austin, Texas) Six Thousand And 00 /100 Dollars ($6,000.00) per year, with payments of $500 per month beginning November 1, 2012 and ending October 31, 2014. Dwells Page 1 SL20120044 B. If Lessee exercises its option to extend the Lease pursuant to Section 3.02, then Lessee shall pay rent to the State in the amount of Ten Thousand and 00 /100 ($10,000) per year with payments of $833.33 per month beginning November 1, 2014 and ending October 31, 2016. C. Past due Rent and other past due payments shall bear interest from maturity at the rate of ten percent (10 %) per annum from the date when due until actually paid, as provided in Section 51.301, TEX. NAT. RES. CODE ANN. Failure of Lessee to make a payment on or before the date the same becomes due shall, at the State's option, make all payments due and payable immediately. ARTICLE V. USE OF THE PREMISES 5.01. The Leased Premises may be used by Lessee solely for the storage of reefing material for use in constructing an offshore artificial reef and for no other purpose. The Leased Premises are to remain in their current topographical and hydrologic condition during the term of the Lease. Lessee is specifically prohibited from modifying the premises in any manner not authorized herein, and from using, or allowing the use by others of the Leased Premises for any other purpose 5.02. Lessee shall not use, or permit the use of, the Leased Premises for any illegal purpose. Lessee will comply with, and will cause its officers, employees, agents and invitee to comply with, all applicable federal, State and local laws, ordinances and rules concerning the use of the Leased Premises. 5.03. The State reserves the exclusive right to grant easements, rights -of way and/or other grants of interest authorizing use of the Leased Premises, provided such use does not unreasonably interfere with Lessee's use thereof. 5.04. Lessee shall not grant other rights in or to the Leased Premises to any other person or entity, and any attempt to do so shall be void and of no effect and shall constitute a default by Lessee hereunder. 5.05. State reserves the right to enter upon the Leased Premises at any time with or without prior notice to Lessee to inspect the condition thereof and/or take action authorized by this Lease. 5.06. The Leased Premises are subject to prospecting, production and development of oil, gas and other minerals and other materials of commercial value by the State, its lessees, permittee, licensees or other agents, assigns or representatives. Lessee shall not interfere with such use of the Leased Premises and shall allow any lessee, permit holder, licensee or other agent, assignee or representative of the State and/or the School Land Board the right of ingress and egress over, across and through, and the use of, the Leased Premises for any and all purposes authorized by State. 5.07. Lessee may not charge State's authorized lessees, permit holders, licensees or other agents, assigns or representatives surface damages, or any other fee, for use of the Leased Premises; provided, however, the foregoing shall not limit the liability of any person or entity to Lessee for damages caused to property owned by Lessee. 5.08. Lessee's use of the Premises is subject to and contingent upon compliance with the following covenants, obligations and conditions (the "Special Conditions "): 1. Before placing any construction materials or equipment on the Premises, User shall conduct a photographic survey of the Premises to identify, document and record its physical condition prior to User's use of the Premises under this Agreement. Upon request, User shall deliver to State, at no expense to State, color copies of any and all photographs taken of the Premises by or for User. 2. User may not maintain or allow nuisances or public hazards on the Premises, and shall be under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. 3. User shall, at User's sole cost and expense, inspect the Premises and perform general maintenance and repair duties on the Premises to ensure that the Premises are maintained in a reasonably safe and orderly condition. User shall be responsible for the collection and disposal of all trash associated with its operations at the Premises (whether or not such trash is generated by User or its customers and invitees). In addition, User shall promptly inform the State of any additional maintenance or repair needs with respect to the Premises that come to the attention of User. If mutually agreed to by the State and User, and only upon the State's prior express written approval, User shall perform additional maintenance or such repairs according to an agreed amount and repayment plan. Dwells Page 2 SL20120044 4. User shall not allow the presence on or within the Premises of any Hazardous Substance in any manner that violates any federal, state or local laws or regulations. "Hazardous Substances" shall mean any substance or material defined or designated as a hazardous waste, toxic substance or other pollutant or contaminant, by any law or regulation. User shall not allow any Hazardous Substances to migrate off the Premises or the release of any Hazardous Substances into adjacent surface waters, soils, underground waters or air in violation of any federal, state or local laws or regulations. If User violates any law or regulation concerning the presence or use of Hazardous Substances at or affecting the Premises or the handling or storing of Hazardous Substances at or affecting the Premises, User shall promptly take whatever action is necessary to determine the type or extent of the release, to mitigate and to correct the violation. If User does not act in a prudent and prompt manner after reasonable notice by the State to User specifying what actions the State requires to be performed, the State may, but is not obligated to, come onto the Premises, act in place of User and take any such action as the State has specified in such notice and that User has not taken to ensure compliance with such law or regulation or to mitigate any violation thereof. If the State reasonably believes that User is in violation of any law or regulation, or that User's actions or inactions present a threat of violation of any federal, state or local law or regulation or a threat of damage to the Premises, the State may, enter the Premises and take such corrective or mitigating action as the State has specified as necessary and that User has not taken. All direct costs and actual expenses incurred by the State in connection with any such actions shall become immediately due and payable by User upon presentation of an invoice therefor. ARTICLE VL ASSIGNMENTS 6.01. Lessee shall not assign the Premises or the rights granted herein, in whole or part, to any third party for any purpose without the prior written consent of the State, which may be granted or denied in the State's sole discretion. Any unauthorized assignment shall be void and of no effect and such assignment shall not relieve Lessee of any liability for any obligation, covenant, or condition of this Agreement. This provision, and the prohibition against assignment contained herein, shall survive expiration or earlier termination of this agreement. For purposes of this agreement, an assignment is any transfer, including by operation of law, to another of all or part of the property, interest or rights herein granted. ARTICLE VII. PROTECTION OF NATURAL AND HISTORICAL RESOURCES 7.01. Lessee shall take no action on the premises which results in the discharge of any solid or liquid material. Lessee shall use the highest degree of care and all appropriate safeguards to: (i) prevent pollution of air, ground, and water in and around the Premises, and (ii) to protect and preserve natural resources and wildlife habitat. Lessee shall comply with all applicable rules and regulations of the Texas General Land Office and other governmental agencies responsible for the protection and preservation of public lands and waters. In the event of pollution or an incident that may result in pollution of the Premises or adjacent property which is the result of Lessee's (or Lessee's employees, contractors, invitees and agents) acts or omissions, Lessee shall immediately notify the State, use all means reasonably available to recapture any pollutants which have escaped or may escape, and mitigate for any and all natural resources damages caused thereby. 7.02. LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (PB- 89 -66, 80 STATUTE 915; §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING ANY ACTIVITY ON THE PREMISES, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY STATE AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. ARTICLE VIII. INDEMNITY 8.01. LESSEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE, ARISING OR RESULTING FROM ITS OWN ACTS OR OMISSIONS RELATED TO ITS EXERCISE OF THE RIGHTS GRANTED HEREIN. TO THE EXTENT PERMITTED BY LAW LESSEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING STRICT LIABILITY CLAIMS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE DAMAGES OR THE NEGLIGENCE OF ANY PARTY, EXCEPT FOR THE CONSEQUENCES OF THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR INVITEES, ARISING DIRECTLY OR INDIRECTLY FROM LESSEE'S USE OF THE PREMISES (OR ANY ADJACENT OR CONTIGUOUS PSF LAND) OR FROM ANY BREACH BY LESSEE OF THE TERMS, COVENANTS OR CONDITIONS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Dwells Page 3 SL20120044 ARTICLE IX. DEFAULT, TERMINATION AND EXPIRATION 9.01. If, following 30 days prior written notice from the State specifying a default or breach, Lessee fails to pay any money due hereunder or is in breach of any term or condition of this Agreement, the State shall have the right, at its option and its sole discretion, to terminate this Agreement and all rights inuring to Lessee herein by sending written notice of such termination to Lessee in accordance with ARTICLE XI of this Agreement. Upon sending of such written notice, this Agreement shall automatically terminate and all rights granted herein to Lessee shall revert to the State. Such termination shall not prejudice the rights of the State to collect any money due or to seek recovery on any claim arising hereunder. 9.02. If Lessee fails to remove its personal property from the Leased Premises within the time specified in Section 9.01. above, or if Lessee fails to remove improvements placed or constructed on the Leased Premises by or behalf of Lessee pursuant to a notice by the State to do so pursuant to Section 9.01. above, then State may, at its sole option, remove and dispose of such property (with no obligation to sell or otherwise maintain such property in accordance with the Uniform Commercial Code), at Lessee's sole cost and expense, or the State may elect to own such property by filing a notice of such election pursuant to Section 51.302, et seq., 'TEXAS NATURAL RESOURCES CODE ANNOTATED. If the State elects to remove Lessee's property and dispose of it pursuant to this section, then in such an event Lessee shall be obligated to reimburse the State for the reasonable costs of such removal and disposal within ten (10) days of State's demand for reimbursement THE TERMS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 9.03. IF LESSEE CONTINUES TO OCCUPY THE LEASED PREMISES OR OTHERWISE INTERFERE WITH ITS USE BY THE STATE OR THE GENERAL PUBLIC AFTER THE EXPIRATION OF THIS LEASE, LESSEE SHALL REMAIN A TENANT AT SUFFERANCE, SUBJECT TO THE TERMS AND OBLIGATIONS OF THIS LEASE, INCLUDING PAYMENT OF RENT, BUT RENT SHALL BE INCREASED TO 200% OF THE AMOUNT PREVIOUSLY PAYABLE HEREUNDER, PRORATED ON A MONTHLY BASIS, AND LESSEE MAY BE EJECTED BY THE STATE WITHOUT NOTICE AT ANY TIME. 9.04. The Leased Premises are subject to or trade. In the event the Leased Premises are offered for trade, the State may terminate this Lease upon sixty (60) days written notice to Lessee. Upon conveyance or award of the Leased Premises to a party acquiring the Leased Premises by trade, this Lease shall automatically terminate unless otherwise agreed in writing by such party and Lessee 9.05. The State reserves the right to remove from this Lease such acreage as the State may determine necessary for purposes other than those described herein, in which event this Lease shall be canceled as to the part so removed by the State and Rent shall be prorated on the remaining acreage. 9.06. In addition to the above, Lessee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against the Premises or the Improvements constructed thereon, provided such taxes result from Lessee's use of this easement. Lessee shall pay such taxes, charges, and assessments not less than five (5) days prior to the date of delinquency thereof directly to the authority or official charged with the collection thereof. Lessee shall have the right in good faith at its sole cost and expense to contest any such taxes, charges, and assessments, and shall be obligated to pay the contested amount only if and when finally determined to be owed. 9.07. TO THE EXTENT PERMITTED BY LAW LESSEE AGREES TO AND SHALL PROTECT AND HOLD THE STATE HARMLESS FROM LIABILITY FOR ANY AND ALL SUCH TAXES, CHARGES, AND ASSESSMENTS, TOGETHER WITH ANY PENALTIES AND INTEREST THEREON, AND FROM ANY SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF. ARTICLE X. HOLDOVER 10.01. If Lessee holds over and continues in possession of the Premises after expiration or earlier termination of this Agreement, Lessee will be deemed to be occupying the Premises on the basis of a month -to -month tenancy subject to all of the terms and conditions of this Agreement, except that as liquidated damages by reason of such holding over, the amounts payable by Lessee under this Agreement shall be increased such that the Consideration payable under Article IV of this Agreement and any other sums payable hereunder shall be two hundred percent (200 %) of the amount payable to the State by Lessee for the applicable period immediately preceding the first day of the holdover period. Lessee acknowledges that in the event it holds over, the State's actual damages will be difficult, if not impossible, to ascertain, and the liquidated damages herein agreed to be paid are reasonable in amount and are payable in lieu of actual damages and are not a penalty. Lessee further acknowledges that acceptance of hold over Consideration does not imply State consent to hold over. 10.02. The tenancy from month -to -month described in Section 10.01 of this Agreement may be terminated by either party upon thirty (30) days written notice to the other. Dwells Page 4 SL20120044 10.03. The Consideration due after notice of termination has been given is to be calculated according to Section 10.01 hereinabove on a pro rata basis. If upon notice of termination by the State, Lessee pays Consideration in excess of the amount due and payable and the State accepts such payment, the acceptance of such payment will not operate as a waiver by the State of the notice of termination unless such waiver is in writing and signed by the State. Any such excess amounts paid by Lessee and accepted by the State shall be promptly refunded by the State after deducting therefrom any amounts owed to the State. ARTICLE XL NOTICE 11.01. Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be either delivered by hand, by facsimile, or sent by United States first class mail, adequate postage prepaid, if for the State to Deputy Commissioner, Professional Services, addressed to his attention, 1700 North Congress Avenue, Austin, Texas 78701 -1495, FAX: (512) 463 -5304, and if for Lessee, to City of Corpus Christi, PO Box 9277, Corpus Christi, TX 78469 -9277. Any party's address may be changed from time to time by such party by giving notice as provided above, except that the Premises may not be used by Lessee as the sole notice address. No change of address of either party shall be binding on the other party until notice of such change of address is given as herein provided. 11.02. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a party referred to above. Notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. ARTICLE XII. INFORMATIONAL REQUIREMENTS 12.01. A. Lessee shall provide written notice to the State of any change in Lessee's name, address, corporate structure, legal status or any other information relevant to this Agreement. B. Lessee shall provide to the State any other information reasonably requested by the State in writing within fifteen (15) days following such request or such other time period approved by the State (such approval not to be unreasonable withheld). ARTICLE XIIL MISCELLANEOUS PROVISIONS 13.01. With respect to terminology in this Agreement, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Agreement shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Agreement, but such other provisions shall continue in full force and effect. 13.02. The titles of the Articles in this Agreement shall have no effect and shall neither limit nor amplify the provisions of the Agreement itself. This Agreement shall be binding upon and shall accrue to the benefit of the State, its successors and assigns, Lessee, Lessee's successors and assigns (or heirs, executors, administrators and assigns, as the case may be); however, this clause does not constitute a consent by the State to any assignment by Lessee, but instead refers only to those instances in which an assignment is hereafter made in strict compliance with Article VI above, or in the case of a deceased natural person Lessee, refers to the instances previously referred to in this sentence and also circumstances in which title to Lessee's interest under this Agreement passes, after the demise of Lessee, pursuant to Lessee's will or the laws of intestate succession. The words "hereof," "herein," "hereunder," "hereinafter" and the like refer to this entire instrument, not just to the specific article, section or paragraph in which such words appear. 13.03. Neither acceptance of Consideration (or any portion thereof) or any other sums payable by Lessee hereunder (or any portion thereof) to the State nor failure by the State to complain of any action, non - action or default of Lessee shall constitute a waiver as to any breach of any covenant or condition of Lessee contained herein nor a waiver of any of the State's rights hereunder. Waiver by the State of any right for any default of Lessee shall not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or subsequent default of any other obligation. No right or remedy of the State hereunder or covenant, duty or obligation of Lessee hereunder shall be deemed waived by the State unless such waiver be in writing, signed by a duly authorized representative of the State. 13.04. No provision of this Agreement shall be construed in such a way as to constitute the State and Lessee joint ventures or co- partners or to make Lessee the agent of the State or make the State liable for the debts of Lessee. 13.05. In all instances where Lessee is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. Dwells Page 5 SL20120044 13.06. Under no circumstances whatsoever shall the State ever be liable hereunder for consequential damages or special damages. The terms of this Agreement shall only be binding on the State during the period of its ownership of the Premises, and in the event of the transfer of such ownership interest, the State shall thereupon be released and discharged from all covenants and obligations thereafter accruing, but such covenants and obligations shall be binding during the Agreement term upon each new owner for the duration of such owner's ownership. 13.07. All monetary obligations of the State and Lessee (including, without limitation, any monetary obligation for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are performable exclusively in Austin, Travis County, Texas. 13.08. The obligation of Lessee to pay all Consideration and other sums hereunder provided to be paid by Lessee and the obligation of Lessee to perform Lessee's other covenants and duties under this Agreement constitute independent, unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for in this Agreement and not otherwise. Lessee waives and relinquishes all rights which Lessee might have to claim any nature of lien against, or withhold or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the State by Lessee. Lessee waives and relinquishes any right to assert, either as a claim or as a defense, that the State is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the Grantor not expressly set forth in this Agreement. 13.09. In the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land Office and/or the School Land Board, this Agreement shall control. ARTICLE XIV. FILING 14.01. Lessee shall, at its sole cost and expense, record a memorandum of lease in the Nueces County Real Property Records and provide a file marked copy of same to Lessor within 60 days after this Lease is executed by all parties. ARTICLE XV. ENTIRE AGREEMENT 15.01. This Lease, including any exhibits to the same, constitutes the entire agreement between the State and Lessee; no prior written or prior oral contemporaneous oral promises or representations shall be binding. The submission of this Lease for examination by Lessee or the State and/or execution thereof by the Lessee or the State does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution of all parties hereto and deliver of a fully executed counterpart thereof by the State to the Lessee. This Lease shall not be amended, changed or extended except by written instrument signed by both parties thereto. Dwells Page 6 SL20120044 IN TESTIMONY WHEREOF, witness my hand and Seal of Office. THE STATE OF TEXAS LESSEE: City of Corpus Christi By: By: JERRY E. PATTERSON (Signature) Commissioner, General Land Office Date: APPROVED: Contents: Legal: Deputy: Executive: STATE OF COUNTY OF (Printed Name) Date: (Title) ACKNOWLEDGMENT This instrument was acknowledged before me on the by ld'.!'.S.S <',( representative sig ?1 , this document) day of , 20 Notary Public, State of My commission expires: Information collected by electronic mail and by web form is subject to the Public Information Act, Chapter 552, Government Code. Dwells Page 7 SL20120044 Page 1 of 2 Ordinance authorizing the City Manager or designee to execute a Coastal Surface Lease with the State of Texas to lease approximately 3.0 acres of filled submerged land for the storage of reefing material for use in constructing an offshore artificial reef, for a term of four years, for $500 per month for the first two years, and $833.33 per month for the last two years. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute a Coastal Surface Lease with the State of Texas, by and through the State of Texas General Land Office (GLO) to lease approximately 3.0 acres of filled in submerged land (Submerged Land Tracts 749 & 788) for the storage of reefing material for use in constructing an offshore artificial reef, for a term of four years, for $500 per month for the first two years, and $833.33 per month for the last two years. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \973_City Council _9_25_2012 \0016_3_Ordinance - Submerged Lease.docx Page 2 of 2 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 Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 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, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \973_City Council _9_25_2012 \0016_3_Ordinance - Submerged Lease.docx Fife: \ Mproject \councilexh \RinconleaseRdwg PROJECT LOCATION PORT OF CORPUS CHRISTI AUTHORITY RINCON ROAD CANAL B LOCATION MAP 33.26 ACRE G.L.O. TRACT PORT OF CORPUS HRISTI AUTHORITY CANAL A VICINITY MAP NOT TO SCALE PROPOSED LEASE SITE 3 ACRES OUT OF 33.26 ACRE G.L.O. TRACT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 - IIIIINIF AGENDA MEMORANDUM Future Item for the City Council Meeting of September 25, 2012 Action Item for the City Council Meeting of October 9, 2012 DATE: TO: August 28, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles P.E., Director of Engineering Services DanB @cctexas.com 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 826 -1972 Approval of Contract for Professional Services: J. C. Elliott Landfill Gas Collection and Control System Repairs CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12108 J.C. Elliott Landfill Gas Collection and Control System Repairs; transferring budgeted funds in the amount of $108,432 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the J.C. Elliott Landfill Gas Collection and Control System Repairs Project; and authorizing the City Manger or designee to execute a contract for professional services with SCS Field Services of Bedford, Texas in the amount of $100,400 for the J.C. Elliott Landfill Gas Collection and Control System Repairs Project. PURPOSE: The purpose of this Agenda Item will authorize the proposed consultant to begin designing and installing required improvements. BACKGROUND AND FINDINGS: The proposed project will implement corrective actions to improve the overall operations of the Landfill's Gas System, prevent air intrusion into the waste mass, and to increase gas quality and flow rates in general. The recommended corrective actions include; Cap Evaluation, Repair of Header Obstruction and Wellfield Balancing, Carbon Monoxide Sampling, Repair of Flex Coupling from Main Header to Knockout Pot, Replacement of Sump Pumps, and Repair of Sump 5 & Reconnection of Header. This project will address Low Quality Readings at the Flares, Potential Oxidation Issues near C\PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL 9 25 2012 \0017 1 MEMO - JC ELLIOTT.DOCX Sump 5 and overall improve Landfill Gas Collection and Control System. SCS was selected for this project based on the Landfill Gas Collection and Control System Assessment at J. C. Elliot Landfill, Furthermore, they will be involved in the future project J. C. Elliott Gas Management to Energy, as listed in the RFQ 2011 -05. ALTERNATIVES: 1. Award the contract to SCS Field Services as proposed. 2. Do not award the contract to SCS Field Services as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding FY 2012 -13 Capital Improvement Budget. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $108,432.00 $108,432.00 Encumbered / Expended Amount This item $100,400.00 $100,400.00 Future Expenditures 8,032.00 8,032.00 BALANCE 0.00 0.00 Fund(s): Sanitary Landfill 2006 CIP Comments: This project is being added to the FY2012 -2013 Capital Budget & Capital Improvement Guide to improve operations of the system funding which will come from the budget reserves of another planned Solid Waste project, the Citizens Collection Center to be located in the Flour Bluff /Padre Island area. This transfer of funds will not affect the integrity of the Citizens Collection Center Project. RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to SCS Field Services C\PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL 9 25 2012 \0017 1 MEMO - JC ELLIOTT.DOCX of Bedford, Texas, in the amount of $100,400.00 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance C\PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL 9 25 2012 \0017 1 MEMO - JC ELLIOTT.DOCX PROJECT BUDGET ESTIMATE J. C. ELLIOTT LANDFILL GAS COLLECTION AND CONTROL SYSTEM REPAIRS (Project No. E12108) October 9, 2012 FUNDS AVAILABLE: Sanitary Landfill 2008 CIP $108,432.00 FUNDS REQUIRED: Design and Install Fees: Design and Install (SCS Field Services) 100,400.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 2,761.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 3,514.00 Finance Issuance 1,255.00 Misc. (Printing, Advertising, etc.) 502.00 TOTAL $108,432.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 File: \ Mproject \councilexhibits \exhE12108.dwg NUECES BAY AGNES HWY 44 CORPUS w CHRISTI m INTERNATIONAL AIRPORT CORPUS CHRISTI BAY u_ OSO CREEK J.C. ELLIOTT LANDFILL FM 2444 LOCATION MAP PROJECT # E12108 NOT TO SCALE J.C. ELLIOTT LANDFILL GAS COLLECTION AND CONTROL SYSTEM REPAIRS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12108 J.C. Elliott Landfill Gas Collection and Control System Repairs; transferring budgeted funds in the amount of $108,432 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the J.C. Elliott Landfill Gas Collection and Control System Repairs Project; and authorizing the City Manger or designee to execute a contract for professional services with SCS Field Services of Bedford, Texas in the amount of $100,400 for the J.C. Elliott Landfill Gas Collection and Control System Repairs Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add Project No. E12108 J.C. Elliott Landfill Gas Collection and Control System Repairs. SECTION 2. Budgeted funds in the amount of $108,432 are transferred from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the J.C. Elliott Landfill Gas Collection and Control System Repairs Project. SECTION 3. The City Manager or designee is authorized to execute a contract for professional services for the J.C. Elliott Landfill Gas Collection and Control System Repairs Project in the amount of $100,400 with SCS Field Services. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \973_City Council _9_25_2012 \0017_4_Ordinance - JC Elliott.docx 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \973_City Council _9_25_2012 \0017_4_Ordinance - JC Elliott.docx CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT Vir9inta. This AGREEMENT is between the ty of Corpus Christi, Texas, a Texas home-rule municipal corporation, ''CITY", acting throu h its duly authorized City Manager or designee ("City Engineer"), and SCS FIELD SERVICES., a orporation, acting through its duly authorized representative who is David Mezzacappa, P.E., Project Director (CONSULTANT), which agree as follows: 1 DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: J. C. Elliott Landfill — Gas Collection and Control System Repairs (Project No. E12108) "Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A", 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $100,400.00 (in figures), (One Hundred Thousand Four Hundred Dollars and Zero Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in 'Exhibit B". CITY OF CORPUS CHRISTI Oscar R. Martinez, Assistant City Manager RECOMMENDED: IELD SERVICES es. F/ ' 49(ts 12 (Date) David - P.E. Date) Project 1 rec o 1901 Central Drive, Suite 550 Bedford, TX 76021-5872 (361) 571-2288 Office (361) 571-2188 Fax Daniel Biles, P E (Date) Director of Engineering Services Operating Department (Date) APPROVED AS TO FORM: Office of Management and Budget (Date) Legal Department (Date) KIENGINEERING DATAEXCHANGEIANGIELIASOLID WASTESEL-noa JC ELLIOTT LANDFILL GAS COLLECITION & CONTROL SYSTEM REPAIRSlAE AGREEMEI'IT,DOC ATTEST Armando Chapa, City Secretary Project Number: E12108 Funding Source:550950- 3365- 00000- E12108 Encumbrance Number: KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTElE12108 JC ELLIOTT LANDFILL GAS COLLECTTION & CONTROL SYSTEM REPAIRSAE AGREEMENT.DOC Solid Waste Management Consultants and Contractors 1901 Central Drive Suile 550 Bedford. Texas 76021 - 5872 817 571 -2288 FAX 817 571 -2188 www.scsengineers. com July 27, 2012 SCS Proposal No. 070106212 Mr. Bill Green, P.E. Major Projects Manager City of Corpus Christi Engineering Services PO Box 9277 Corpus Christi, TX 78469 Subject: J. C. Elliott Landfill — Corpus Christi. Texas Proposal for Providing Gas Collection and Control System Repairs Dear Mr. Green: SCS Engineers (SCS) is pleased to provide the enclosed proposal to the City of Corpus Christi (City) for Gas Collection and Control System (GCCS) repairs at the J. C. Elliott Landfill. Details related to background, scope, schedule, assumptions, and costs are provided in the proposal. SCS appreciates the opportunity to provide this proposal for services to the City. If you have any questions or comments related to the proposal, please contact David Mezzacappa at telephone number (817) 358 -6108. Sincerely. Jason Lewallen Project Manager SCS FIELD SERVICES Enclosure David Mezzacappa. A.E. Project Director SCS ENGINEERS Offices Nationwide EXHIBIT "A" Page 1 of 18 Landfill Gas Collection and Control System Repairs J.C. Elliott Landfill SIMMONS, 11•11•11•1 MOW 11•11111111 111•11t DIEN .01011:..•■P Presented to: CITY OF CORPUS CHRISTI Solid Waste Operations 2525 Hygeia Corpus Christi, Texas 78415 Presented by: SCS FIELD SERVICES 1901 Central Drive Suite 550 Bedford, Texas 76021 July 27, 2012 SCS Proposal No. 070106212 Offices Nationwide www.scsengineers.com EXHIBIT "A" Page 2of18 J.C. Elliott Landfill eS CsS? F'1:E L STZVE;R.VL "C.E'Si Table of Contents Section Page 1 INTRODUCTION 1 2 SCOPE OF SERVICES 1 Task 1 — Cap Evaluation and General Engineering Support 1 Task 2 — Repair of Header Obstruction and Wellfield Rebalancing 1 Task 3 — Carbon Monoxide Sampling 2 Task 4 — Repair of Flex Coupler From Main Header to Knockout Pot 2 Task 5 — Replacement of 6 Sump Pumps 2 Task 6 — Repair of Sump 5 and Reconnection of Header 3 3 SCHEDULE 3 4 ASSUMPTIONS AND CONDITIONS 4 5 COST ESTIMATE 4 6 CONCLUSION 5 EXHIBIT "A" Page 3of18 J.C. Elliott Landfill 5? =EI:E edLS_ ReV I;C1E'.5 1 INTRODUCTION SCS completed a Landfill Gas Collection and Control System (GCCS) Assessment at the City of Corpus Christi (City) J.C. Elliott Landfill (Site) in June 2012. As part of that report. several GCCS corrective actions were recommended to improve the overall operation of the Site's gas system, prevent air intrusion into the waste mass, and to increase gas quality and flow rates in general. This proposal is being presented to satisfy the recommended corrective actions. The scope of services provided in the next section has been divided into 6 tasks to accomplish the recommended GCCS repairs and upgrades as outlined in section 4 of the Assessment Report. Although a two -phase process was included in the Assessment so that samples for carbon monoxide (CO) can be confirmed prior to disturbing and repairing Sump 5. this final repair is simply included as Task 6 in this proposal. As recommended by SCS, this task will not proceed until the CO levels have been confirmed. Lastly, as discussed in Task 1, since the extent or need for geosynthetic landfill cap repairs at Sump 5 is not known, this proposal only includes an evaluation of the cap as possible during the Sump 5 repairs in Task 6. Past the potential need for cap repair. all items from the Assessment are included in this proposal. 2 SCOPE OF SERVICES SCS Field Services (SCS -FS) is proposing to implement the corrective actions as described below to address the recommendations as outlined in the J.C. Elliott Landfill GCCS Assessment Report prepared by SCS in June 2012. TASK 1 — CAP EVALUATION AND GENERAL ENGINEERING SUPPORT Task 1 includes engineering support during the project. It includes up to 10 hours of David Mezzacappa's time for issues that may arise during construction. This task assumes that City personnel will coordinate directly with the TCEQ regional office as necessary regarding any cap disturbances needed for the repairs in Tasks 2 through 6. so that no additional authorizations are required. Task 1 also includes a one -day site visit by an SCS Engineers employee experienced with liner and cap construction during the Sump 5 repair to assess as possible whether and to what extent cap repair and/or restoration is recommended. Photos will be taken and a short memorandum provided to the City with our recommendation. As an additional service if needed, SCS can provide a proposal to facilitate this repair. TASK 2 - REPAIR OF HEADER OBSTRUCTION AND WELLFIELD REBALANCING During the recent J.C. Elliott site assessment activities, a large belly /obstruction was discovered in the header in an area on the north side of the landfill which has historically been problematic. This blockage is located just west of Sump 1 on the main 16" header, and due to its location it is causing vacuum Toss to a large portion of the wellfield. The blockage is a result of settlement issues which have created a low spot. resulting in condensate becoming trapped in the pipe and EXHIBIT "A" Page 4 of 18 J.C. Elliott Landfill WC S2ECE:L1318 :eRIV 1.'C-E >5° severely restricting the available vacuum. Historically this area has experienced this type of problem several times in the past. SCS -FS proposes to excavate the approximately 200 feet of header affected by the settlement, and re -grade the existing trench line, thereby restoring the flow of condensate to the recovery sumps as originally designed. This process will involve excavation of the header to allow for re- grading of the trench bottom with sand which will alleviate the settlement. SCS -FS will separate and salvage the cover materials currently in place over the header during excavation for use in restoring the cap to its original condition after all re- grading activities. Once the obstruction in the north header has been removed and vacuum restored, the wellfield will require rebalancing since the GCCS vacuum will redistribute itself throughout the piping network. Therefore, as a secondary part of this task, a tuning event for all the wells located at the Site will also be performed by SCS -FS staff to optimize the systems LFG recovery after vacuum is restored. TASK 3 — CARBON MONOXIDE SAMPLING SCS recommends the collection of 10 CO samples from wells near Sump 5. Well RTC -A03. and a few other areas which showed higher screening -level CO readings during the site assessment activities. SCS -FS will utilize Summa® canisters to collect gas samples from the 10 wells designated for further investigation. After collection, the samples will be shipped to a laboratory for a (2 -day) analysis of CO levels and to provide final verification that the CO levels in the targeted locations are below 100ppm. SCS Engineering staff will review the results and compare them to the screening -level field results obtained as part of the previous Assessment. An email will be prepared for the City with SCS' findings and recommendation as to whether the disturbance required to repair Sump 5 is recommended. TASK 4 — REPAIR OF FLEX COUPLER FROM MAIN HEADER TO KNOCKOUT POT During the field investigation it was noted that the flex coupling between the header pipe and the pipe leading to the flare required replacement and could be allowing air intrusion into the GCCS. It was also reported that several of the pipe welds were showing signs of impending failure and that the pipe supports in the area were no longer providing the required support for the pipe weight. SCS -FS is proposing to disassemble the 16" header at the junction between the knockout pot and main line from the field. This portion of the header can then be reconstructed from its original parts to realign the header and therefore eliminate the need for a flex coupling. Reconstructing the header will also provide an opportunity to repair the failing pipe welds. The existing pipe stands will also be repositioned and modified to carry the weight of the header in this area as originally designed. TASK 5 — REPLACEMENT OF 6 SUMP PUMPS SCS -FS is proposing to perform a complete replacement of the Blackhawk pumps in Sumps 1, 2, 3, 5, 6, and 7, with QED AP4 auto pumps. The six existing pumps are currently in disrepair and 2 EXHIBIT "A" Page 5 of 18 J.C. Elliott landfill rSt'i5'ZIE E even more importantly, lack automatic on/off capabilities, making it difficult to maintain efficient operation without the sumps periodically watering -out. SCS -FS will remove the current sump pumps, and QED Short AP4 Bottom - Loading Auto Pumps will be installed in each of the six sumps. All pumps, tubing, rope, fittings. and other supplies needed to complete the pump installations will be provided by SCS -FS. Additionally, this task includes new valves and hoses for the pump in Sump 4 which was not recommended for replacement, but was recommended to have these upgrades in SCS' Assessment report. TASK 6 — REPAIR OF SUMP 5 AND RECONNECTION OF HEADER SCS -FS is proposing a complete replacement of the damaged Sump 5 and reconnection of the 12" header pipe at the point south of Sump 5 where it was cut and capped in order to isolate the failed Sump. Prior to the project start, SCS -FS will have a replacement condensate sump manufactured and delivered to the Site which matches the dimensions of the damaged Sump 5 currently in place. The area around Sump 5 will then need to be excavated along with approximately 200 feet of the existing 12" header in each direction from the sump location. The damaged sump will be carefully removed and the exposed 12" header on each side of the sump. which has subsided slightly resulting in low spots, will be re- graded to re- establish the required grade requirements for condensate flow. At this point the new Sump 5 will be installed and reconnected to the existing header by means of 12" flanged connections. The exposed header and sump area will then be backfilled with bedding materials provided by the Site, and the cap reconstructed with the cover materials stockpiled from the initial excavation. After the replacement of Sump 5. SCS -FS will commence reconnection of the 12" header where it was cut and capped to provide system isolation. The 12" cap will be removed from the active side of the header and a section of 12" header will be spliced back into place utilizing 12" electro fusion couplers, bringing the isolated portion of the system back on line. Once Sump 5 has been replaced and vacuum restored to the southwest section of the landfill, the wellfield will once again require rebalancing since the GCCS vacuum will redistribute itself throughout the piping network. Therefore, as a secondary part of this task, another tuning event for all the wells located at the Site will also be performed by SCS -FS staff to optimize the LFG recovery at the Site after the repairs are completed. As mentioned above, this task will only be initiated once CO monitoring results have been evaluated and approved by SCS Engineering staff and the City. Also, an SCS Engineering representative will be on -site one day during this construction when the cap is being disturbed to evaluate potential damage during the course of the Sump 5 repairs. 3 SCHEDULE SCS is prepared to commence the scope of services described in this proposal within six weeks of receiving authorization to proceed from the City. Assuming acceptable results from the CO sampling (Task 3), the Sump 5 replacement (Task 6) will be performed in conjunction with 3 EXHIBIT "A" Page 6 of 18 J.C. Elliott Landfill iSrC:Sr�'EI'EfL�D:�'�5`E�R V IiGE.'S� Tasks 1 -5 and the entire project should be completed within four weeks of the commencement of on -site activities. If the CO sampling results are such that they present any cause for concern in the target areas, then the Sump 5 replacement will be temporarily postponed until corrective measures are taken. 4 ASSUMPTIONS AND CONDITIONS In preparing this proposal, SCS offers the following assumptions and conditions: 1. The City will provide and deliver to the Site, sand from their stockpiles for use by SCS - FS in the bedding and re- grading activities of the header and Sump 5 Task. 2. Any waste generated from excavation activities will be placed back into the excavation/trench and covered during backfill activities. 3. No regularly scheduled meetings between the City and SCS have been accounted for in the scope of services; however, it is anticipated that SCS technicians may meet with City personnel on site when performing services. 4. This proposal is valid for 60 days from the date of this submittal. This proposal is confidential and for (Client) use only. If awarded the work, this proposal will become part of a mutually acceptable contract or purchase order. 5 FEE ESTIMATE SCS proposes to perform the above described tasks on a lump sum (Task 1) and a time -and- material basis (Tasks 2 through 6) for the estimated amounts shown in the table below. These estimates include costs for labor. project administration and management, equipment. materials. travel and per -diem assumed necessary for the completion of the task as described in the scope of work. A copy of SCS' Field Services Fee Schedule is attached. Task Number Type of Service Estimated Fee 1 Cap Evaluation and General Engineering Support S5000 ' 2 Repair of Header Obstruction $15,000 3 Carbon Monoxide Sampling $4,600 4 Repair of Hex Coupler From Main Header to Knockout Pot $7500 ' 5 Replacement of 6 Sump Pumps S42,300 6 Repair of Sump 5 and Reconnection of Header 526000 ' Total $100,400 4 EXHIBIT "A" Page 7 of 18 J.C. Elliott Landfill 6 CONCLUSION I'S'G`.S`W�F CE:L`DtyS�E?RiV 1:C;EsS$ SCS appreciates the opportunity to present this proposal to the City of Corpus Christi for your consideration. Please feel free to contact David Mezzacappa, P.E. at (817) 358 -6108 and Jason Lewallen at (817) 680 -2264 if you have any questions regarding this proposal. s EXHIBIT "A" Page 8 of 18 APPENDIX A FEE SCHEDULE EXHIBIT "A" Page 9 of 18 Environmental Consultants and Contractors 1901 Central Drive Suite 550 Bedford. TX 76021 817 -571 -2288 FAX 817- 571 -2188 wvnv. scsfieldservices.com FEE SCHEDULE (Effective May 1, 2012 through April 30, 2013) Technical Field Personnel Rate ($) /Hour Laborer 57 Fusion Technician 62 Technician 70 Equipment Operator 75 Foreman 78 Senior Technician 82 Plant Operator 88 Mechanic 92 Superintendent 98 Field Network Specialist 120 Senior Superintendent 135 Management /Support Personnel Rate ($) /Hour Secretarial 50 Project Administrator 68 Field Data Analyst 75 Senior Project Administrator 80 Designer/Drafter 85 Project Coordinator 95 Project Professional /I-1&S Specialist 125 Field Compliance Auditor 162 Senior Project Professional 170 Project Manager 185 Regional Manager /Project Director 125 General Terms 1. Labor rates are in effect until April 30, 2013. Any work performed after that date is subject to a new Standard Fee Schedule. 2. The above rates include salary, overhead, and profit. Other direct charges, such as subcontractors, construction equipment, materials, air travel, freight, auto rental, permits, fees, taxes, tolls. and other costs incurred for the project, will be billed at cost plus 15 percent. The cost of equipment owned by SCS Field Services will not be subject to administrative mark -up. Automobile mileage cost is $0.50 per mile. Trucks will be charged at $18.00/hour. (No administrative mark -up will be applied to charges for company owned vehicles.) Offices Nationwide SCS Field Services Fee Schedule Mayl, 2012 through April 30, 2013 Page 2 3. Invoices will be prepared monthly for work in progress, unless otherwise agreed. Invoices are due and payable upon receipt. Any invoices not paid within 30 days of receipt are subject to a service charge of 1.5 percent per month on the unpaid balance. 4. Payment of SCS Field Services invoices for services performed will not be contingent upon the client's receipt of payment from other parties. The client agrees to pay legal costs, including attorney's fees, incurred by SCS Field Services in collecting any amounts past due and owing on the client's accounts. 5. Rates for Principals may be negotiated on a project - specific basis. For special situations, such as expert testimony or international assignments, hourly rates will be on an individually negotiated basis. 6. On short -term or one -time assignments, services which require less than eight (8) hours, but more than four (4) hours, will be billed at eight (8) hours. A minimum of four (4) hours will be billed for any service requested which is not conducted in conjunction with an ongoing project (including call -outs after normal work hours), and will be charged portal -to- portal from SCS Field Services offices. 7. For operation, construction, and/or repair work performed on weekends and/or nights (if work exceeds 8 hours in a day), the above rates will be marked up 40 percent. For work performed on Company recognized holidays or beyond 12 hours in a day, the above rates will be marked up 70 percent. 8. These rates are based on non - union, non - prevailing wage scales. 9. For long -term on -site project assignments, rates may be discounted on an individually negotiated basis. Long -term on -site personnel are permitted to return home every four (4) weeks. Travel expense shall be invoiced to the client at cost plus 15 percent. 10. Costs for equipment and analysis will be billed in accordance with the rates contained on SCS Field Services Standard Fee Schedule for Equipment and Analysis. EXHIBIT "A" Page 11 of 18 Environmental Consultants and Contractors 1901 Central Drive Suite 550 Bedford. TX 76021 817-571-2288 FAX 817 -571 -2188 www.scsfieldservices.com SCS FIELD: Si FEE SCHEDULE FOR EQUIPMENT AND ANALYSIS (Effective May 1. 2012 through April 30, 2013) GEM 2000 Gas Analyzer: • Daily Rate 185 /day • Weekly Rate 555 /week • Monthly Rate 1 ,665 /month H2S Gas Pod 10 /day Rate ($) SEM 500 Emissions Monitor: • Daily Rate 185 /day • Weekly Rate 555 /week • Monthly Rate 1,665 /month Q Rae Gas Analyzer 02/H2S /CO /Combustibles 50 /day Micro Max Gas Analyzer 02/H2S /CO /COI Combustibles 50 /day M -40 Gas Analyzer 02/H2S /Combustibles 50 /day Magnehelic Pressure Set 20/day Kurz Air Velocity Meter 35 /day Digital Readout Thermocouple 15 /day DrItger Detector Tubes/Pump 15 /each Metal Bellows Vacuum Pump 35 /day Bar Punch: • Daily Rate 10 /day • Weekly Rate 30 /week • Monthly Rate 90 /month Fisher M95 Metal Detector 30 /day Dewatering Pump (Trash Pump) 45 /day TVA -1000 Flame Ionization Detector: • Daily Rate 185 /day • Weekly Rate 555 /week • Monthly Rate 1,665 /month MiniRae 2000 PID: • Daily Rate 150 /day • Weekly Rate 500 /week • Monthly Rate 1,500 /month Offices Nationwide SCS Field Services Fee Schedule for Equipment and Analysis May1, 2012 through April 30, 2013 Page 2 Rate ($) Air Sampling Station: • Daily Rate 50 /day • Weekly Rate 200 /week Transit: Level: • Daily Rate 15 /day • Weekly Rate 75 /week • Monthly Rate 250 /month • Daily Rate 15 /day • Weekly Rate 65 /week • Monthly Rate 195 /month Pipe Laser: • Daily Rate 50 /day • Weekly Rate 220 /week • Monthly Rate 650 /month Water Trailer 75 /day PAS 3000 Personal Air Sampling Pump 25 /day Tedlar Bag (10- Liter) 40 /each Non - Contaminating Air Sampling Pump 25 /day Interface Probe 50 /day Submersible Pump: • Daily Rate 50 /day • Weekly Rate 1S0 /week • Monthly Rate 450 /month Water Level Indicator: • Daily Rate 20 /day • Weekly Rate 60 /week • Monthly Rate 180 /month 100 -Foot Temperature Probe: • Daily Rate 15 /day • Weekly Rate 45 /week • Monthly Rate 135 /month EXHIBIT "A" Page 13 of 18 SCS Field Services Fee Schedule for Equipment and Analysis Mayl, 2012 through April 30, 2013 Page 3 Rate ($) Teflon Well Bailer 10 /each Vacuum Box/Carbon Canister and Blower 150 /day Tool Truck 144/day No. 12 P.E. Fusion Machine (1 " -2 "): • Daily Rate 50 /day • Weekly Rate 150 /week • Monthly Rate 450 /month No. 14 P.E. Fusion Machine (1 "-4 "): • Daily Rate 80 /day • Weekly Rate 240 /week • Monthly Rate 720 /month No. 28 P.E. Fusion Machine (2 " -8 ") 150 /day 412 P.E. Fusion Machine (4 " -12 "): • Daily Rate 225 /day • Weekly Rate 67S /week • Monthly Rate 2,025 /month 618 P.E. Fusion Machine and Tool Truck 400 /day Trackstar 500 Fusion Machine 425/day Sidewinder P.E. Fusion Machine 100 /day Air Compressor 60 /day Arc Welder 75 /day Generator (3,500 -Watt) 45 /day Generator (5,000 -Watt) 60 /day Generator (6,000 - Watt): • Daily Rate 65 /day Generator (8,000 Watt): • Daily Rate 75/day • Weekly Rate 225 /week Isolation Pinch -off Tools: • Daily Rate 251day • Weekly Rate 75 /week • Monthly Rate 225 /month EXHIBIT "A" Page 14 of 18 SCS Field Services Fee Schedule for Equipment and Analysis May1, 2012 through April 30, 2013 Page 4 Rate ($) Leister Extrusion Welding Gun 120 /day Plate Compactor 75 /day 4- Wheeler (ATV): • Daily Rate 50 /day • Weekly Rate 150 /week • Monthly Rate 450 /month 4- Wheeler with 44" Mow Deck: • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 900 /month Cub Cadet: • Daily Rate 175 /day • Weekly Rate 525 /week • Monthly Rate 1,575 /month Chain Saw: • Daily Rate 10 /day • Weekly Rate 30 /week • Monthly Rate 90 /month Friatec Electrofiision Machine: • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 900 /month Horiba Water Quality Meter: • Daily Rate 40 /day • Weekly Rate 120 /week • Monthly Rate 360 /month Hydrogen Sulfide Meter: • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 90 /0month EXHIBIT "A" Page 15 of 18 SCS Field Services Fee Schedule for Equipment and Analysis Mayl, 2012 through April 30, 2013 Page 5 Rate ($) Infrared Thermometer: • Daily Rate 10 /day • Weekly Rate 30 /week • Monthly Rate 90 /month Micropurge Flow Cell (Groundwater): • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 900 /month Oiless Compressor and Control Box (Groundwater): • Daily Rate 75/day • Weekly Rate 225 /week • Monthly Rate 675 /month Earth/Resistance Tester: • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 900 /month Pitot Tube and Gauges: • Daily Rate 10 /day • Weekly Rate 30 /week • Monthly Rate 90 /month Pressure Washer: • Daily Rate 50 /day • Weekly Rate 150 /week • Monthly Rate 300month Squeeze Tool: • Daily Rate 10 /day • Weekly Rate 30 /week • Monthly Rate 90 /month Turbidity Meter /Conductivity Meter: • Daily Rate 25 /day • Weekly Rate 75 /week • Monthly Rate 225 /month EXHIBIT "A" Page 16 of 18 SCS Field Services Fee Schedule for Equipment and Analysis May 1, 2012 through April 30, 2013 Page 6 Rate ($) Vacuum Air Pump: • Daily Rate 100 /day • Weekly Rate 300 /week • Monthly Rate 900 /month Video Camera System 200 /day Weed Trimmer • Daily Rate 25 /day • Weekly Rate 75 /week • Monthly Rate 225 /month Safety Equipment: • Tyvek Suit (each) 15 /each • Polyethylene suit (each) 20 /each • Nitrite gloves (per pair) 15 /each • PVC Gloves (per pair) 15 /each • Rubber booties (per pair) 15 /each • Organic Vapor Cartridges (per pair) 20/each • Organic Vapor /Acid Cartridges (per pair) 25 /each • Cartridges pre - filters (per pair) 15 /each • Half face respirator (each) 20 /day • Full face respirator (each) 25/day • Ventilator /manhole blowers 25 /day • Parachute harness 10 /day • Tripod: - Daily Rate 35 /day - Weekly Rate 105 /week - Monthly Rate 315 /month • SCBA 55 /day General Terms 1. Rates are in effect until April 30, 2013. Any work performed after that date will be subject to a new Schedule of Fees. 2. Equipment usage rates are exclusive of freight charges to and from the project site. Freight is an additional expense chargeable to the client. 3. Rates for mobile blower /flare stations are exclusive of expenses for mobilization and demobilization, electric line installation, electricity, generators, fuel or permits or weekly routine operation and maintenance. These expenses are charged to the client separately. EXHIBIT "A" Page 17 of 18 SCS Field Services Fee Schedule for Equipment and Analysis Mayl, 2012 through April 30, 2013 Page 7 4. Shipping, supplies, equipment rental, materials, vehicle mileage, and other non -labor equipment costs or direct costs are billed at cost plus 15 percent. 5. Equipment rented will be charged portal - to-portal from SCS Field Services offices. Renter is responsible for return charges. 6. The cost of equipment owned by SCS Field Services will not be subject to administrative mark-up. EXHIBIT "A" Page 18 of 18 Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS For non - professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. For professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants or employees or any other person indemnified hereunder. SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION rw�tir City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: SCS Engineers P. O. BOX: STREET ADDRESS: 1901 Central Drive, Suite 550 CITY: Bedford, TX ZIP: 76021 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 Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests ofl icial 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. von shall disclose that fact in a signed %vritin' 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 2-349 (d)] CERTIFICATION I certify that all information provided is the and correct as of the date of this statement. that I have not knowingly withheld disclosure of any inlormation requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: David Mezzacappa, P. E. p-o 'ring) 6% Signature of Certifying Person: Title: Project Director DEFI NITIONS Date: 4 boh a 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. c. "Employee.- Any person employed by the City of Corpus Christi. "Texas either on a full or part -time basis, but not as an independent contractor. d. "First." Any entity operated for economic vain. whether professional. industrial or contrnercial, 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 sell - employed person, partnership. corporation. joint stock company. joint venture. receivership or trust. and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The ,Mayor. members of the City Council. City Manager. Deputy City Manager, Assistant City Managers, Department and Division Pleads. and Municipal Court Judges of the City of Corpus Christi. Texas. is "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. "Constnictively held" refers to holdings or control established through voting trusts. proxies. or special terms of venture or partnership agreements." g. "Consultant." Any person or tint. such as engineers and architects. hired by the City of Corpus Christi tier the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 25, 2012 Action Item for the City Council Meeting of October 9, 2012 DATE: September 12, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Construction Contract Charles Drive from Leopard Street to Maple Leaf Drive BOND ISSUE 2008 CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $41,928 in budgeted wastewater project savings and $16,450 in budgeted water project savings from the TXDOT Participation Project and $267,499 in budgeted storm water project savings from the Staples Street Outfall Project to the Charles Drive from Leopard to Maple Leaf Project; and authorizing the City Manager or designee execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive Project (Bond Issue 2008) for the base bid. PURPOSE: The purpose of this Agenda Item is to execute a construction contract for the Charles Drive from Leopard Street to Maple Leaf Drive project. BACKGROUND AND FINDINGS: The contract has bid and the City Council approval is required for construction to commence. The project consists of reconstruction of approximately 600 linear feet of two lane street improvements consisting of 12' Flexible base, Prime Coat and 3" Hot Mixed Asphaltic Concrete (HMAC) with associated Curb & Gutter, Sidewalks, ADA Curb Ramps, Installation of Water, Waste Water and Storm Water Utilities. The project also includes 4,000 -feet of Offsite Storm Water improvements from Lois Drive to Turkey Creek along Leopard Street to resolve flooding issues in the neighborhood. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL_9_25_2012 0018 1 MEMO - CHARLES DRI V E.DOCX On June 27, 2012, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Jhabores Construction Company Corpus Christi, Texas $1,735,439.03 Berry Contracting Corpus Christi, Texas $1,864,807.05 Huff & Mitchell Cypress, Texas $2,143,333.00 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Bass & Welsh Engineering, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the Total Base Bid is Jhabores Construction Company of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Jhabores Construction Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2012 -2013 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Not emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $133,000.00 $968,800.00 $1,101,800.00 Utility Savings Transfer $1,075,877.00 $1,075,877.00 Encumbered / Expended Amount $133,000.00 $133,000.00 This item $1,735,439.03 $1,735,439.03 Future Anticipated Expenditures $290,105.83 $290,105.83 BALANCE $0.00 $19,132.14 $19,132.14 Fund(s): Street, Storm Water, Wastewater, Water, CIP ST 26 SW 22 Comments: The project requires 150 calendar days, with anticipated completion approximately March 2013. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL_9_25_2012 0018 1 MEMO - CHARLES DRI V E.DOCX RECOMMENDATION: City staff recommends that the construction contract be awarded to Jhabores Construction Company of Corpus Christi, Texas in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \973 CITY COUNCIL_9_25_2012 0018 1 MEMO - CHARLES DRI V E.DOCX PROJECT BUDGET CHARLES DRIVE FROM LEOPARD STREET TO MAPLE LEAF DRIVE BOND ISSUE 2008 Project No. 6508 September 25, 2012 FUNDS AVAILABLE: Street CIP $600,000.00 Storm Water CIP . 1,366,499.00 Wastewater CIP ... 126,728.00 Water CIP . .... 76,450.00 Gas CIP . .. 8,000.00 TOTAL $2,177,677.00 FUNDS REQUIRED: Construction (Jhabores Construction Company) Base Bid . ... $1,735,439.03 Contingencies (10 %) . 173,543.90 Consultant Fees: Consultant Design (Bass & Welsh Engineering) * . .. 93,400.00 Construction Materials Testing (estimate)... .... 16,904.00 Geotechnical Engineering Testing (Rock Engineering & Testing Laboratory) . ... 9,100.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) . 39,047.38 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) . .. 60,740.37 Finance . .., 21,692.99 Misc. (Printing, Advertising, etc.) ... 8,677.19 TOTAL $2,158,544.86 BALANCE . $19,132.14 * Consultant Design Contract awarded on April 13, 2010 to Bass & Welsh Engineering (Motion No. M2010 -074). Construction Observation Services is included in Consultant Design Contract. \Mproject \councilexhibits \exh6508b.dwg PROJECT SITE Charles Drive from Leopard Street to Maple Leaf Drive Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ Page 1 of 2 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $41,928 in budgeted wastewater project savings and $16,450 in budgeted water project savings from the TXDOT Participation Project and $267,499 in budgeted storm water project savings from the Staples Street Outfall Project to the Charles Drive from Leopard to Maple Leaf Project; and authorizing the City Manager or designee execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive Project for the base bid BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to transfer $41,928 in budgeted wastewater project savings and $16,450 in budgeted water project savings from the TXDOT Participation Project and $267,499 in budgeted storm water project savings from the Staples Street Outfall Project to the Charles Drive from Leopard to Maple Leaf Drive Project. Section 2. The City Manager or designee is authorized to execute a construction Contract with Jhabores Construction Company in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive Project for the base bid. (Bond 2008) ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0018 4 Ordinance - Charles Drive Joe Adame Mayor Page 2 of 2 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 Larry Elizondo, Sr. Nelda Martinez Kelly Allen Mark Scott 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kelly Allen Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary 0018 4 Ordinance - Charles Drive Joe Adame Mayor w •? co w w 0 co 0 Elma Elma CD CD • VI cu c, CD 4u o V J m ssue 2008 (Project No. 6508) Presentation 0 September 18, 2012 z ) L) L) N r w w s V N elmo V • 0 CI. 0 44 C 0 2 �0 co 7.1 alma O V alma V • O 0 0 0 0 0 0 0 0 0 0 o' 00 0 0 O 0)' N Uf) O O' •cr ' N O O' (0 0 0 00 o 0 co ' ti Ems. d U d U S $2,177,677.00' J H 0 H FUNDS REQUIRED: $1,735,439.03 0 0 ) 00 00 00 CO 000 cri O O (Ni O..- Lc) co CO- C) 0 6) O 0) EA D m (1) U) c 0 E 0 0 c 0 U 2 c 0 0 U) 0 o co 0 L • .0 O 0 O a) L 0) (7 c 0 O 0 Consultant Fees: 1 0) c a) a) c O c w L U) aa)) U) U) m_ c 0) .U) a) 0 c c-' U) c 0 U 0 0 J L a) a) w a) - o U E Construction Materials Testin c U) a) H c a) a) c c w To U c U a) 0 a) CD Reimbursemen $2, w U z H J 0 a m c o O O 2 o U c O 0) a .a) w• -0 To 5 U co a) c6-0 m � O U O O O N � U L�♦ W Q a O C O O c6 a) a) c6 � O O U O � U O U C O C • U co or- -,O O o CNI O . U * Z AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: August 14, 2012 TO: Ronald L. Olson, City Manager Thru: Eddie Ortega, Director EddieO(c�cctexas.com 826 -3224 FROM: Hector G. Vallejo, Program Manager hector@cctexas.com 826 -3027 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: Appoint five Committee members to the Loan Review Committee to fill vacancies with terms from 5 -07 -14 to 5 -07 -15 representing the following categories: 1 — Professions (Legal, Real Estate, General Contractor /Remodeler /Homebuilder, Architect, Engineer, and Residential Home Designer); 1 - Financial Institution; and 3 — Community At Large. BACKGROUND AND FINDINGS: The Bylaws of the Corpus Christi Community Improvement Corporation (CCCIC) provide for the Loan Review Committee members to be appointed by the CCCIC Board. ALTERNATIVES: Not Applicable" OTHER CONSIDERATIONS: Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. The Bylaws of the Corpus Christi Community Improvement Corporation (CCCIC) provide for the Loan Review Committee members to be appointed by the CCCIC Board. EMERGENCY / NON- EMERGENCY: Non - Emergency requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Neighborhood Services and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ 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 Fund(s): Comments: N/A RECOMMENDATION: Conduct the meeting of the Corpus Christi Community Improvement Corporation. Appoint new committee members. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Minutes of September 11, 2012 Board Meeting Board Packet AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, September 25, 2012 TIME: During the meeting of the City Council beginning at 12:00 noon. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call Meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice - President Joe Adame Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Mark Scott Kelley Allen Officers Ron L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of September 11, 2012 4. Appointments to the Loan Review Committee 5. Public Comment 6. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION September 11, 2012 3:17 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice - President Joe Adame Priscilla Leal David Loeb John E. Marez Mark Scott ABSENT Larry Elizondo, Sr. Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 3:17 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the motion to appoint Mr. Kelley Allen as a Board member of the CCCIC, replacing former Council Member Kevin Kieschnick. The motion was made by Mr. Loeb and seconded by Ms. Leal, and passed. President Martinez called for the approval of the minutes from the June 28, 2011 meeting. Mr. Marez made a motion to approve the minutes as presented, seconded by Mr. Scott, and passed. President Martinez called for the Treasurer' s report. Assistant Treasurer Constance Sanchez referred to the summary of transactions for eleven months ending June 30, 2012 and the fund balance was $16,198,151. The Board had no questions. President Martinez opened discussion on Item 6, Appointments to the Loan Review Committee. Mr. Chapa explained that there were eight (8) vacancies, 4 — representing a Professions category (Legal, Real Estate, General Contractor /Remodeler/Homebuilder, Architect, Engineer, or Residential Home Designer), 1— Financial Institution representative, 3 — Community At Large. He stated that three (3) of the current members in the Professions categories were seeking reappointment, and the Loan Review Committee had recommendations listed regarding the reappointments and new appointments. President Martinez called for a motion made by Mr. Adame, seconded by Mr. Loeb and passed to approve the following reappointments: Alice Vaughn (Real Estate), Keith Parker (Engineer), and Jodi Steen (Homebuilder). Board members expressed disapproval of the Loan Review Committee making recommendations for "non- recommendations" of certain individuals who were not breaking any ordinance, nor policy, nor Ethics rules in place. Minutes — CCCIC meeting September 11, 2012 — page 2 President Martinez called for a motion to delay new appointments to the CCCIC/Loan Review Committee by one week. The motion was made by Mr. Loeb and seconded by Mrs. Leal, and passed. President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 3:38 p.m. on September 11, 2012. # ## a. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/ LOAN REVIEW COMMITTEE - Five (5) vacancies with terms to 5 -07 -14 and 5 -07 -15 representing the following categories: 1 — Professions (Legal, Real Estate, General Contractor /Remodeler/Homebuilder, Architect, Engineer, and Residential Home Designer) 1 - Financial Institution, and 3 — Community At Large. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeler/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one -year term. ORIGINAL MEMBERS TERMS APPTD. DATE Alice Vaughan (Real Estate), Chair 5 -07 -15 3 -16 -93 ** *Chris Hamilton (Community at Large) 5 -07 -12 5 -26 -09 ** *Cliff Atnip (Community at Large) 5 -07 -11 5 -27 -08 David Cantu (Financial Inst.) 5 -07 -13 5 -12 -98 Keith Parker (Engineer) 5 -07 -15 5 -26 -09 ** *Abel Alonzo (Community at Large) 5 -07 -11 5 -27 -08 Barry Lobell (Community at Large) 5 -07 -13 5 -12 -98 Maria Clarissa Lopez (Health/Human) 5 -07 -13 11 -17 -09 ** *Javier Arroyo (Financial Inst.) 5 -07 -11 11 -17 -09 Jodi Steen (Homebuilder) 5 -07 -15 5 -26 -09 * * *Coretta Graham (Legal) 5 -07 -12 5 -26 -09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Andi Baker Alice Aparicio- Bussey Realtor, Keller Williams Realty. Received BBA from University of North Texas. Activities include: Association of Realtors and Builders Association. (Willing to resign from Sister City Committee if appointed) (Real Estate) (At Large) (4/12/11) Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (Real Estate) (At Large) (03/19/12) Jonathan M. Barlow Monique Espinosa Dalia Garcia Mary Lou Herrera Lee R. Hassman Julia McCoy Burris W. McRee Self - employed General Contractor/Handyman. Parking Lot Attendant. Volunteers with Texas State Aquarium and Mother Theresa' s shelter. (At Large) (5/4/11) Mortgage Loan Officer /Community Development, American Bank. Graduate of Richard King High School. Has been auto /home loan financing over 17 years. Activities include: Westside Business Association, King H. S. Soccer Board, CC Association of Realtors Housing Opportunity Committee. (Financial Institution) (At Large) (9/12/12) Retired from City of Corpus Christi, Neighborhood Services Department, Housing Administration Supervisor. Processed loan applications, compiled information for grants and mortgage loans. Confirmed accuracy of applicant information provided, meeting all policies and guidelines required. (At Large) (3/27/12) Realtor /Self - Employed, Coldwell Banker Island. Received BBA from Texas A &M University — Kingsville. Activities include: Communities Enrichment Organization "CEO" Events, i.e. No Excuses BBQ Cookoff, Dog Gone Days Music Festival, and El Ritmo — all annual events sponsor /volunteer. (Real Estate) (At Large) (3/30/12) Managing Partner/Realtor, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (Real Estate /Gen. Contractor) (At Large) (3/19/12) Realtor, Group One Real Estate. Former City employee ( +5 yrs) as Assistant to the Director of Development Services, and Staff assistant to the Building Code Board of Appeals (BOA), Electrical Code BOA, and Plumbing/Mechanical BOA. (Real Estate) (At Large) (3/20/12) Real Estate Broker /Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners Cynthia Laura Martinez Ben Molina Cathy Mehne Robert C. Pate Herbert Schueneman associations and Co- Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (Real Estate/Homebuilder) (At Large) 3/20/12) Internal Auditor, Nueces County Sheriff's Office. Received Associates in Applied Science degree — Networking Technology from Del Mar College. Currently working toward a Bachelor's Degree in Business Administration at the University of Incarnate Word. Activities include: Sheriff's Employee Association member. (At Large) (5/18/12) General Manager, Apex Engineers and Pinnacle Roofing Systems. Licensed Mold Assessment Consultant and familiar with building codes and AutoCAD. Activities include: Young Business Professionals, Habitat for Humanity, Corpus Christi "40 under 40" — 2011 recipient, former member Zoning Board of Adjustment. ( Architect/Engineer /Homebuilder) (At Large) (3/7/12) Self- Employed Real Estate Agent, Coldwell Banker Pacesetter Steel Realtors. Worked in Oil & Gas Industry Administrative position for 15 years. Currently remains in the Top 10 Producers for Coldwell Banker PS over past 10 years. Activities include: Texas Real Estate Political Action Committee Chair, 2010 and 2012, and Corpus Christi Association of Realtors Board of Directors. (Real Estate) (At Large) (3/16/12) Self- Employed, Attorney. Received a JD from Southern Methodist University School of Law. Certified Public Accountant, Univ. of Texas Graduate School of Business M.P.A. Former State District Judge, 78th Distr. Court and 148th Distr. Court, Airline Transport Pilot. Certified Flight Instructor, Instrument flight Instructor and Multi- Engine flight Instructor. Former Chair of Halo- Flight, Inc. (Legal) (At Large) (1/18/12) 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. (Financial Institution) (At Large) (3/15/12) Matt Teifke, Jr. Jo Woolsey Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (Real Estate) (At Large) (4/27/12) Self- Employed, Woolsey Legal Services. Attended Victoria Junior College. Previously worked in Legal field in Corpus Christi, now self - employed in Legal field. Activities include: Member of the Athenian Club. (Legal) (At Large) (7/31/12)